82_FR_59876 82 FR 59636 - Termination of the Designation of Nicaragua for Temporary Protected Status

82 FR 59636 - Termination of the Designation of Nicaragua for Temporary Protected Status

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

Federal Register Volume 82, Issue 240 (December 15, 2017)

Page Range59636-59642
FR Document2017-27141

The designation of Nicaragua for Temporary Protected Status (TPS) is set to expire on January 5, 2018. After reviewing country conditions and consulting with the appropriate U.S. Government agencies, the Secretary of Homeland Security (Secretary) has determined that conditions in Nicaragua no longer support its designation for TPS and is therefore terminating the TPS designation of Nicaragua. To provide for an orderly transition, this termination is effective on January 5, 2019, which is 12 months following the end of the current designation. Nationals of Nicaragua (and aliens having no nationality who last habitually resided in Nicaragua) who have been granted TPS and wish to maintain their TPS and receive TPS-based Employment Authorization Documents (EAD) valid through January 5, 2019, must re-register for TPS in accordance with the procedures set forth in this Notice. On January 6, 2019, nationals of Nicaragua (and aliens having no nationality who last habitually resided in Nicaragua) who have been granted TPS under the Nicaragua designation will no longer have TPS.

Federal Register, Volume 82 Issue 240 (Friday, December 15, 2017)
[Federal Register Volume 82, Number 240 (Friday, December 15, 2017)]
[Notices]
[Pages 59636-59642]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27141]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2613-17; DHS Docket No. USCIS-2014-0006]
RIN 1615-ZB69


Termination of the Designation of Nicaragua for Temporary 
Protected Status

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

ACTION: Notice.

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SUMMARY: The designation of Nicaragua for Temporary Protected Status 
(TPS) is set to expire on January 5, 2018. After reviewing country 
conditions and consulting with the appropriate U.S. Government 
agencies, the Secretary of Homeland Security (Secretary) has determined 
that conditions in Nicaragua no longer support its designation for TPS 
and is therefore terminating the TPS designation of Nicaragua. To 
provide for an orderly transition, this termination is effective on 
January 5, 2019, which is 12 months following the end of the current 
designation.
    Nationals of Nicaragua (and aliens having no nationality who last 
habitually resided in Nicaragua) who have been granted TPS and wish to 
maintain their TPS and receive TPS-based Employment Authorization 
Documents (EAD) valid through January 5, 2019, must re-register for TPS 
in accordance with the procedures set forth in this Notice. On January 
6, 2019, nationals of Nicaragua (and aliens having no nationality who 
last habitually resided in Nicaragua) who have been granted TPS under 
the Nicaragua designation will no longer have TPS.

DATES: The designation of Nicaragua for TPS is terminated effective at 
11:59 p.m., local time, on January 5, 2019. The 60-day re-registration 
period runs from December 15, 2017 through February 13, 2018. (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: 
     You may contact Alexander King, Branch Chief, 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) 272-8377 (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 inquiries.
     For further information on TPS, including guidance on the 
re-registration process and additional information on eligibility, 
please visit the USCIS TPS web page at http://www.uscis.gov/tps. You 
can find specific information about this termination of Nicaragua's TPS 
by selecting ``Nicaragua'' from the menu on the left side of the TPS 
web page.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available on the USCIS 
website 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
CFR--Code of Federal Regulations
DHS--Department of Homeland Security
DOS--Department of State
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
FR--Federal Register
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
IER--U.S. Department of Justice Civil Rights Division, Immigrant and 
Employee Rights Section
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
U.S.C.--United States Code

    Through this Notice, DHS sets forth procedures necessary for 
eligible nationals of Nicaragua (or aliens having no nationality who 
last habitually resided in Nicaragua) to re-register for TPS and to 
apply for renewal of their EADs with USCIS. Re-registration is limited 
to persons who have previously registered for TPS under the designation 
of Nicaragua and whose applications have been granted.
    For individuals who have already been granted TPS under Nicaragua's 
designation, the 60-day re-registration period runs from December 15, 
2017 through February 13, 2018. USCIS will issue new EADs with a 
January 5, 2019 expiration date to eligible Nicaraguan TPS 
beneficiaries who timely re-register and apply for EADs. 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 January 5, 2018. Accordingly, through this 
Notice, DHS automatically extends the validity of EADs issued under the 
TPS designation of Nicaragua for 60 days, through March 6, 2018. 
Additionally, provided a Nicaraguan TPS beneficiary timely re-registers 
and properly files an application for an EAD in accordance with this 
Notice, the validity of his or her EAD will be automatically extended 
by regulation for up to 180 days from the date the current EAD expires, 
i.e., through July 4, 2018. See 8 CFR 274a.13(d)(1). This Notice 
explains how TPS beneficiaries and their employers may determine which 
EADs are automatically extended and how this affects the Form I-9, 
Employment Eligibility Verification, and E-Verify processes.
    What is Temporary Protected Status (TPS)?
     TPS is a temporary immigration status granted to eligible 
nationals of a country designated for TPS under the Immigration and 
Nationality Act (INA), or to eligible persons without nationality who 
last habitually resided in the designated country.
     During the TPS designation period, TPS beneficiaries are 
eligible to remain in the United States, may not be removed, and are 
authorized to work and obtain EADs so long as they continue to meet the 
requirements of TPS.
     TPS beneficiaries may also apply for and be granted travel 
authorization as a matter of discretion.
     The granting of TPS does not result in or lead to lawful 
permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2), 8 U.S.C. 1254a(c)(2).
     When the Secretary terminates a country's TPS designation, 
beneficiaries return to one of the following:
    [cir] The same immigration status or category that they maintained 
before TPS, if any (unless that status or category has since expired or 
been terminated); or

[[Page 59637]]

    [cir] Any other lawfully obtained immigration status or category 
they received while registered for TPS, as long as it is still valid on 
the date TPS terminates.

When was Nicaragua designated for TPS?

    Nicaragua was initially designated for TPS on January 5, 1999, 
based on environmental disaster grounds, specifically the devastation 
caused by Hurricane Mitch. See Designation of Nicaragua Under Temporary 
Protected Status, 64 FR 526 (Jan. 5, 1999). The last extension of 
Nicaragua's designation for TPS was announced on May 16, 2016, based on 
the determination that the conditions warranting the designation 
continued to be met. See Extension of the Designation of Nicaragua for 
Temporary Protected Status, 81 FR 30325 (May 16, 2016).

What authority does the Secretary have to terminate the designation of 
Nicaragua 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 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary determines that certain country conditions exist.\1\ The 
Secretary may then grant TPS to eligible nationals of that foreign 
state (or eligible aliens having no nationality who last habitually 
resided in the designated country). See INA section 244(a)(1)(A), 8 
U.S.C. 1254a(a)(1)(A).
---------------------------------------------------------------------------

    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to the Department of Homeland Security (DHS) ``shall be 
deemed to refer to the Secretary'' of Homeland Security. See 6 
U.S.C. 557 (codifying the Homeland Security Act of 2002, tit. XV, 
section 1517).
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    At least 60 days before the expiration of a country's TPS 
designation or extension, the Secretary, after consultation with 
appropriate Government agencies, must review the conditions in a 
foreign state designated for TPS to determine whether the conditions 
for the TPS designation continue to be met. See INA section 
244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If the Secretary determines that 
a foreign state continues to meet the conditions for TPS designation, 
the designation must be extended for an additional period of 6 months 
and, in the Secretary's discretion, may be extended for 12 or 18 
months. See INA section 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If the 
Secretary determines that the foreign state no longer meets the 
conditions for TPS designation, the Secretary must terminate the 
designation, but such termination may not take effect earlier than 60 
days after the date the Federal Register notice of termination is 
published, or if later, the expiration of the most recent previous 
extension of the country designation. See INA section 244(b)(3)(B), 8 
U.S.C. 1254a(b)(3)(B). The Secretary may determine the appropriate 
effective date of the termination and the expiration of any TPS-related 
documentation, such as EADs, for the purpose of providing an orderly 
transition. See id.; INA section 244(d)(3), 8 U.S.C. 1254a(d)(3).

Why is the Secretary terminating the TPS designation for Nicaragua as 
of January 5, 2019?

    DHS has reviewed conditions in Nicaragua. Based on the review, 
including input received from other relevant U.S. Government agencies, 
the Secretary has determined that conditions for Nicaragua's 1999 
designation for TPS on the basis of environmental disaster due to the 
damage caused by Hurricane Mitch are no longer met. It is no longer the 
case that Nicaragua is unable, temporarily, to handle adequately the 
return of nationals of Nicaragua. Recovery efforts relating to 
Hurricane Mitch have largely been completed. The social and economic 
conditions affected by Hurricane Mitch have stabilized, and people are 
able to conduct their daily activities without impediments directly 
related to damage from the storm.
    Nicaragua received a significant amount of international aid to 
assist in its Hurricane Mitch-related recovery efforts, and many 
reconstruction projects have now been completed. Hundreds of homes 
destroyed by the storm have been rebuilt. The government of Nicaragua 
has been working to improve access to remote communities and has built 
new roads in many of the areas affected by Hurricane Mitch, including 
the first paved road to connect the Pacific side of the country to the 
Caribbean Coast, which is nearly completed. Access to drinking water 
and sanitation has improved. Electrification of the country has 
increased from 50% of the country in 2007 to 90% today. Nearly 1.5 
million textbooks have been provided to 225,000 primary students of the 
poorest regions of the country. Internet access is also now widely 
available.
    In addition, Nicaragua's relative security has helped attract 
tourism and foreign investment. The Nicaraguan economy has strengthened 
due to increased foreign direct investment and exports of textiles and 
commodities. Nicaragua's Gross Domestic Product (GDP) reached an all-
time high of $13.23 billion (USD) in 2016, has averaged over 5% growth 
since 2010, and Nicaragua's GDP per capita is higher today than in 
1998. Public infrastructure investment has been a high priority for the 
government, and the government has demonstrated its ability to provide 
basic services to its citizens. The U.S. Department of State does not 
have a current travel warning for Nicaragua. DHS estimates that there 
are approximately 5,300 nationals of Nicaragua (and aliens having no 
nationality who last habitually resided in Nicaragua) who hold TPS 
under Nicaragua's designation.

Notice of Termination of the TPS Designation of Nicaragua

    By the authority vested in me under INA section 244, 8 U.S.C. 
1254a, I have determined, after consultation with the appropriate U.S. 
Government agencies, that Nicaragua no longer meets the conditions for 
designation of TPS under section 244(b)(1) of the INA, 8 U.S.C. 
1254a(b)(1). Accordingly, I order as follows:
    (1) Pursuant to INA section 244(b)(3)(B), to provide for an orderly 
transition, the designation of Nicaragua for TPS is terminated at 11:59 
p.m., local time, on January 5, 2019, 12 months following the end of 
the current designation.
    (2) Information concerning the termination of TPS for nationals of 
Nicaragua (and aliens having no nationality who last habitually resided 
in Nicaragua) will be available at local USCIS offices upon publication 
of this Notice and through the USCIS National Customer Service Center 
at 1-800-375-5283. This information will be published on the USCIS 
website at www.uscis.gov.

Elaine C. Duke,
Acting Secretary.

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

    To re-register for TPS based on the designation of Nicaragua, you 
must submit an Application for Temporary Protected Status (Form I-821). 
You do not need to pay the filing fee for the Form I-821. See 8 CFR 
244.17. You may be required to pay the biometric services fee. Please 
see additional information under the ``Biometric Services Fee'' section 
of this Notice.
    Through operation of this Notice, your existing EAD issued under 
the TPS designation of Nicaragua with the expiration date of January 5, 
2018, is

[[Page 59638]]

automatically extended for 60 days, through March 6, 2018. You do not 
need to apply for a new EAD in order to benefit from this 60-day 
automatic extension. However, if you want to obtain a new EAD valid 
through January 5, 2019, you must also file an Application for 
Employment Authorization (Form I-765) and pay the Form I-765 fee. Note, 
if you do not want a new EAD, you do not have to file Form I-765 or pay 
the Form I-765 fee. If you do not want to request a new EAD now, you 
may also file Form I-765 at a later date to request a new EAD and pay 
the fee (or request a fee waiver), provided that you still have TPS or 
a pending TPS application.
    In addition to the automatic 60-day EAD extension provided through 
this notice, if you timely re-register for TPS and properly file an 
application for an EAD in accordance with this Notice, the validity of 
your EAD will be automatically extended by regulation for up to 180 
days from the date the current EAD expires, i.e., through July 4, 2018. 
See 8 CFR 274a.13(d)(1). But unless you timely re-register for TPS and 
properly file an EAD application in accordance with this Notice, the 
validity of your current EAD will end on March 6, 2018. You may file 
the application for your EAD either prior to or after it has expired 
and your EAD will be automatically extended for up to 180 days (i.e., 
through July 4, 2018). See 8 CFR 274a.13(d)., You are strongly 
encouraged to properly file your EAD application as early as possible 
to avoid gaps in your employment authorization documentation and to 
ensure that you receive your Form I-797C Notice of Action prior to 
March 6, 2018. However, you may file your EAD application even if your 
current TPS-related EAD has expired.
    If you are seeking an EAD with your re-registration for TPS, please 
submit both the Form I-821 and Form I-765 together. If you are unable 
to pay the application fee and/or biometrics fee, you may complete a 
Request for Fee Waiver (Form I-912) or submit a personal letter 
requesting a fee waiver with 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 
Form I-821, the 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 and 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 complete a Form I-912 or submit a personal letter 
requesting a fee waiver with satisfactory supporting documentation. For 
more information on the biometric services fee, please visit the USCIS 
website at http://www.uscis.gov. If necessary, you may be required to 
visit an Application Support Center to have your biometrics captured. 
For additional information on the USCIS biometrics screening process 
please see the USCIS Customer Profile Management Service Privacy Impact 
Assessment, available at www.dhs.gov/privacy.

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

    You should file as soon as possible within the 60-day re-
registration period so USCIS can process your application and issue any 
EAD promptly. Properly filing early will also allow you to have time to 
re-file your application before the deadline and, if you also file Form 
I-765, receive a Form I-797C demonstrating your EAD's 180-day automatic 
extension, should USCIS deny your fee waiver request. If, however, you 
receive a denial of your fee waiver request and are unable to re-file 
by the re-registration deadline, you may still re-file your Form I-821 
with the biometrics fee. This situation will be reviewed to determine 
whether you established good cause for late TPS re-registration. 
However, you are urged to re-file within 45 days of the date on any 
USCIS fee waiver denial notice, if possible. See INA section 
244(c)(3)(C); 8 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(b). For more 
information on good cause for late re-registration, visit the USCIS TPS 
web page at http://www.uscis.gov/tps. Following denial of your fee 
waiver request, you may also re-file your Form I-765 with fee either 
with your Form I-821 or at a later time, if you choose.

    Note: Although a re-registering TPS beneficiary age 14 and older 
must pay the biometric services fee (but not the Form I-821 fee) 
when filing a TPS re-registration application, you may decide to 
wait to request an EAD. Therefore, you do not have to file the Form 
I-765 or pay the associated Form I-765 fee (or request a fee waiver) 
at the time of re-registration, and could wait to seek an EAD until 
after USCIS has approved your TPS re-registration. If you choose to 
do this, to re-register for TPS you would only need to file the Form 
I-821 with the biometrics services fee, if applicable, (or request a 
fee waiver).

Mailing Information

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

                       Table 1--Mailing Addresses
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                If . . .                          Mail to . . .
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You are applying through the U.S.        USCIS, Attn: TPS Nicaragua,
 Postal Service.                          P.O. Box 4413, Chicago, IL
                                          60680.
For FedEx, UPS, and DHL deliveries.....  USCIS, Attn: TPS Nicaragua, 131
                                          S. Dearborn Street, 3rd Floor,
                                          Chicago, IL 60603-5517.
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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 or are re-
registering for the first time following a grant of TPS by an IJ or the 
BIA, please mail your application to the appropriate mailing address in 
Table 1. When re-registering and requesting an EAD based on an IJ/BIA 
grant of TPS, please include a copy of the IJ or BIA order granting you 
TPS with your application. This will help us to verify your grant of 
TPS and process your application.

Supporting Documents

    The filing instructions on the Form I-821 list all the documents 
needed to establish eligibility for TPS. You may also find information 
on the acceptable documentation and other requirements for applying or 
registering for TPS on the USCIS website at www.uscis.gov/tps under 
``Nicaragua.''

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 an EAD request, 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

[[Page 59639]]

your 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 60-day extension of my current 
EAD through March 6, 2018?

    Yes. Provided that you currently have TPS under the designation of 
Nicaragua, this Notice automatically extends your EAD by 60 days if 
you:
     Are a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua); and
     Have an EAD under the designation of TPS for Nicaragua 
with a marked expiration date of January 5, 2018, bearing the notation 
A-12 or C-19 on the face of the card under Category.
    Although this Notice automatically extends your EAD through March 
6, 2018, you must re-register timely for TPS in accordance with the 
procedures described in this Notice if you would like to maintain your 
TPS.

Am I eligible to receive an extension of my current EAD beyond March 6, 
2018, while I wait for my new one to arrive?

    Provided that you currently have a Nicaragua TPS-based EAD, you may 
be eligible to have the validity of your current EAD extended for up to 
180 days from its current expiration date (through July 4, 2018) if 
you:
     Are a national of Nicaragua (or an alien having no 
nationality who last habitually resided in Nicaragua);
     Have an EAD under the designation of Nicaragua for TPS;
     Have an EAD with a marked expiration date of January 5, 
2018, bearing the notation ``A-12'' or ``C-19'' on the face of the card 
under ``Category''; and
     Properly filed an application for an EAD in accordance 
with this Notice.
    You must timely re-register for TPS as described in this Notice if 
you would like to maintain your TPS. This Federal Register Notice 
automatically extends your EAD with an expiration date of January 5, 
2018, for 60 days until March 6, 2018. If you would like to have the 
validity of your current EAD automatically extended for up to 180 days 
from January 5, 2018, you must properly file Form I-765 for a new EAD 
when you file to re-register for TPS or at any other time before July 
4, 2018, if you file Form I-765 after you re-register for TPS. In 
either case, your current EAD will be auto-extended through July 4, 
2018. You are strongly encouraged to file your EAD renewal application 
as early as possible to avoid gaps in documentation of your employment 
authorization.

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

    You can find a list of acceptable document choices on the ``Lists 
of Acceptable Documents'' for Form I-9. Employers must complete Form I-
9 to verify the identity and employment authorization of all new 
employees. Within three days of hire, employees must present acceptable 
documents to their employers as evidence of identity and employment 
authorization to satisfy Form I-9 requirements.
    You may present any document from List A (which provides evidence 
of both identity and employment authorization), or one document from 
List B (which provides evidence of your identity) together with one 
document from List C (which is evidence of 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. Employers may not 
reject a document based on a future expiration date. You can find 
additional detailed information about Form I-9 on USCIS's I-9 Central 
web page at https://www.uscis.gov/i-9-central.
    An EAD is an acceptable document under List A. If your EAD has an 
expiration date of January 5, 2018, and states ``A-12'' or ``C-19'' 
under ``Category,'' it has been extended automatically for 60 days by 
virtue of this Notice, and you may choose to present your EAD to your 
employer as proof of identity and employment authorization for Form I-9 
through March 6, 2018, unless your TPS has been withdrawn or your 
request for TPS has been denied. If you properly filed an EAD renewal 
application in accordance with this Notice, you will receive a Form I-
797C Notice of Action (showing the qualifying eligibility category of 
either A-12 or C-19). You may choose to present your EAD to your 
employer together with the Form I-797C as a List A document that 
provides evidence of your identity and employment authorization for 
Form I-9 through July 4, 2018, unless your TPS has been finally 
withdrawn or your request for TPS has been finally denied. 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 reduce confusion over this extension at the time of hire, you 
should explain to your employer that the validity of your EAD has been 
automatically extended by this Notice through March 6, 2018. If you 
have a Form I-797C, you should explain to your employer that your EAD 
has been automatically extended through July 4, 2018. You may also 
provide your employer with a copy of this Notice, which explains how 
your EAD is automatically extended. As an alternative to presenting 
evidence of 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 present to my employer for Employment 
Eligibility Verification (Form I-9) if I am already employed but my 
current TPS-related EAD is set to expire?

    Even though EADs with an expiration date of January 5, 2018 that 
state ``A-12'' or ``C-19'' under ``Category'' have been automatically 
extended for 60 days by this Federal Register notice, you are also 
eligible to have your EAD automatically extended for 180 days if you 
properly file for a new EAD in accordance with this Notice. Your 
employer will need to ask you about your continued employment 
authorization no later than before you start work on January 6, 2018. 
You will need to present your employer with evidence that you are still 
authorized to work. Once presented, you may correct your employment 
authorization expiration date in Section 1 and your employer should 
correct the EAD expiration date in Section 2 of Form I-9. See the 
subsection titled, ``What corrections should my current employer and I 
make to Employment Eligibility Verification (Form I-9) if my EAD has 
been automatically extended?'' for further information. You may also 
show this Notice to your employer to explain what to do for Form I-9.
    Your employer may need to reinspect your automatically extended EAD 
to check the expiration date and Category code to record the updated 
expiration date on your Form I-9 if your employer did not keep a copy 
of this EAD when you initially presented it. In addition, if you 
properly file your Form I-765 to renew your current EAD in accordance 
with this Notice, you may present Form I-797C to your employer along 
with your EAD to confirm the validity of your

[[Page 59640]]

EAD has been automatically extended through July 4, 2018, unless your 
TPS has been finally withdrawn or your request for TPS has been finally 
denied. You may also show this Federal Register notice to your employer 
to reduce confusion. To avoid delays in receiving the Form I-797C and 
reduce the possibility of gaps in your employment authorization 
documentation, you should file your EAD renewal application as early as 
possible during the re-registration period.
    The last day of the automatic EAD extension by this Federal 
Register notice is March 6, 2018. After this date, if you properly 
filed for a new EAD, you may demonstrate continued employment 
eligibility by providing your Form I-797C which will indicate that the 
last day of the automatic 180-day EAD extension is July 4, 2018. Before 
you start work on July 5, 2018, 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 Lists of Acceptable 
Documents, or an acceptable List A or List C receipt described in the 
Form I-9 Instructions to reverify employment authorization.
    By July 5, 2018, your employer must complete Section 3 of the 
current version of the form, Form I-9 07/17/17 N, and attach it to the 
previously completed Form I-9, if your original Form I-9 was a previous 
version. Your employer can check the USCIS's I-9 Central web page at 
https://www.uscis.gov/i-9-central for the most current version of Form 
I-9.
    Note that your employer may not specify which List A or List C 
document you must present and cannot reject an acceptable receipt.

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

    No. When completing Form I-9, including reverifying employment 
authorization, employers must accept any documentation that appears on 
the Form I-9 Lists of Acceptable Documents that reasonably appears to 
be genuine and that relates to you, or an acceptable List A, List B, or 
List C receipt. Employers need not reverify List B identity documents. 
Employers may not request documentation that does not appear on the 
``Lists of Acceptable Documents.'' Therefore, employers may not request 
proof of Nicaraguan citizenship or proof of re-registration for TPS 
when completing Form I-9 for new hires 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. In addition, if the EAD with a January 
5, 2018 expiration date in category A-12 or C-19 is presented with the 
Form I-797C, an employer should accept this document combination as a 
valid List A document so long as the EAD reasonably appears to be 
genuine and relates 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.

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

    To complete Form I-9 for a new job using an automatically extended 
EAD with a January 5, 2018 expiration date and A-19 or C-12 under 
Category, you and your employer should do the following if using an EAD 
that has been automatically extended for 60 days by this Federal 
Register notice:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter March 6, 
2018 (the date that is 60 days after January 5, 2018) as the 
``expiration date, if applicable, mm/dd/yyyy'' and;
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(your EAD or other document from DHS will have your USCIS Number or A-
Number printed on it; the USCIS number is the same as your A-Number 
without the A prefix).
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 60 days by ensuring it 
is in category A-12 or C-19 and has a January 5, 2018 expiration date;
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert March 6, 2018, the date that is 60 days from the date the 
current EAD expires.
    Before the start of work on March 7, 2018, your employer will need 
to examine evidence that you continue to have employment authorization. 
If you properly filed an EAD application, see instructions below under 
``What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended?

How do my employer and I complete Employment Eligibility Verification 
(Form I-9) using my automatically extended EAD for a new job using Form 
I-797C Notice of Action?

    You may also complete Form I-9 for a new job using an EAD with a 
January 5, 2018 expiration date that has been automatically extended 
because you properly filed for a new EAD in accordance with this 
Notice. As proof of your employment authorization, you may present your 
EAD with expiration date January 5, 2018 with category A-12 or C-19 in 
combination with the Form I-797C showing that the EAD renewal 
application was filed and that the qualifying eligibility category is 
either A-12 or C-19. Unless your TPS has been finally withdrawn or your 
request for TPS has been finally denied, this document combination is 
considered an unexpired EAD (Form I-766) under List A. When completing 
Form I-9 for a new job you are starting before July 4, 2018, you and 
your employer should do the following:
    1. For Section 1, you should:
    a. Check ``An alien authorized to work until'' and enter July 4, 
2018, the date that is 180 days from the date your current EAD expires 
as the ``expiration date, if applicable, mm/dd/yyyy''; and
    b. Enter your Alien Number/USCIS number or A-Number where indicated 
(your EAD or other document from DHS will have your USCIS Number or A-
Number printed on it; the USCIS number is the same as your A-Number 
without the A prefix).
    2. When completing Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Write in the document title;
    c. Enter the issuing authority;
    d. Provide the document number; and
    e. Insert July 4, 2018, the date that is 180 days from the date the 
current EAD expires.
    Before the start of work on July 5, 2018, employers must reverify 
the employee's employment authorization in Section 3 of Form I-9.

[[Page 59641]]

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

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended by 
this Notice, 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 may:
    a. Draw a line through the expiration date in the first space;
    b. Write March 6, 2018 above the previous date; and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 60 days by ensuring 
that it is in category A-12 or C-19; and
    b. Draw a line through the expiration date written in Section 2;
    c. Write March 6, 2018, the date that is 60 days from the 
employee's current EAD expiration date above the previous date; and
    d. Initial and date the correction in the Additional Information 
field in Section 2.

    Note: This is not considered a reverification.

What corrections should my current employer and I make to Employment 
Eligibility Verification (Form I-9) if my EAD has been automatically 
extended by Form I-797C?

    If you presented a TPS-related EAD that was valid when you first 
started your job and your EAD has now been automatically extended 
because you properly applied for an EAD, you may present your EAD with 
January 5, 2018 expiration date with category A-12 or C-19 in 
combination with the Form I-797C. The Form I-797C should show that the 
EAD renewal application was timely filed and that the qualifying 
eligibility category is either A-12 or C-19. To avoid confusion, you 
may also provide your employer a copy of this Notice. Your employer may 
need to re-inspect your current EAD if they do not have a copy of the 
EAD on file. You and your employer should correct your previously 
completed Form I-9 as follows:
    1. For Section 1, you may
    a. Draw a line through the expiration date in Section 1;
    b. Write July 4, 2018, the date that is 180 days from the date your 
current EAD expires above the previous date; and
    c. Initial and date the correction in the margin of Section 1.
    2. For Section 2, employers should:
    a. Determine if the EAD is auto-extended for 180 days by ensuring:
     It is in category A-12 or C-19; and
     The category code on the EAD is the same category code on 
Form I-797C, noting that employers should consider category codes A-12 
and C-19 to be the same category code.
    b. Draw a line through the expiration date written in Section 2;
    c. Write July 4, 2018, the date that is 180 days from the date the 
employee's current EAD expires above the previous date; and
    d. Initial and date the correction in the margin of Section 2.

    Note: This is not considered a reverification. Employers do not 
need to complete Section 3 until either the 180-day extension has 
ended or the employee presents a new document to show continued 
employment authorization, whichever is sooner. By July 5, 2018, when 
the employee's automatically extended EAD has expired, employers 
must reverify the employee's employment authorization in Section 3.

If I am an employer enrolled in E-Verify, how do I verify a new 
employee whose EAD has been automatically extended?

    Employers may create a case in E-Verify for a new employee whose 
EAD has been automatically extended for 60 days by this Notice. 
Employers may also create an E-Verify case for an employee whose EAD 
has been automatically extended by properly filing for a new EAD in 
accordance with this Notice using the Form I-797C receipt information 
provided on Form I-9. In either case, the number entered as the 
document number on Form I-9 should be entered into the document number 
field in E-Verify.

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-related EAD was automatically extended. If you have employees who 
are TPS beneficiaries who provided a TPS-related EAD when they 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. This indicates that you should update Form I-9 
in accordance with the instructions above. Before the employee starts 
to work on July 5, 2018, employment authorization must be reverified in 
Section 3. Employers should not use E-Verify for reverification.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at [email protected]. Calls and emails 
are accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process (Form I-9 and E-Verify), employers may call the U.S. Department 
of Justice's Civil Rights Division, Immigrant and Employee Rights 
Section (IER) (formerly the Office of Special Counsel for Immigration-
Related Unfair Employment Practices) Employer Hotline at 800-255-8155 
(TTY 800-237-2515). IER offers language interpretation in numerous 
languages. Employers may also email IER 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 USCIS at [email protected]. Calls are accepted in English, 
Spanish, and many other languages. Employees or applicants may also 
call the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for 
information regarding employment discrimination based upon citizenship, 
immigration status, or national origin, including discrimination 
related to Employment Eligibility Verification (Form I-9) and E-Verify. 
The IER Worker Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt as 
described in the Form I-9 Instructions. Employers may not require extra 
or additional documentation

[[Page 59642]]

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 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). For more 
information about E-Verify-related discrimination or to report an 
employer for discrimination in the E-Verify process based on 
citizenship, immigration status, or national origin, contact IER's 
Worker 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 IER website at https://www.justice.gov/ier and the USCIS website 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 of such documents are:
    (1) Your current EAD;
    (2) A copy of your Form I-797C for your application to renew your 
current EAD providing an automatic extension of your currently expired 
or expiring EAD;
    (3) A copy of your Application for Temporary Protected Status 
Notice of Action (Form I-797) for this re-registration; and
    (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.
    Check with the government agency regarding which document(s) the 
agency will accept. Some benefit-granting agencies use the USCIS 
Systematic Alien Verification for Entitlements (SAVE) program to 
confirm the current immigration status of applicants for public 
benefits. In most cases, SAVE provides an automated electronic response 
to benefit-granting agencies within seconds, but, occasionally, 
verification can be delayed. You can check the status of your SAVE 
verification by using CaseCheck at the following link: https://save.uscis.gov/casecheck/, then by clicking the ``Check Your Case'' 
button. CaseCheck is a free service that lets you follow the progress 
of your SAVE verification using your date of birth and one immigration 
identifier number. If an agency has denied your application based 
solely or in part on a SAVE response, the agency must offer you the 
opportunity to appeal the decision in accordance with the agency's 
procedures. If the agency has received and acted upon or will act upon 
a SAVE verification and you do not believe the response is correct, you 
may make an InfoPass appointment for an in-person interview at a local 
USCIS office. Detailed information on how to make corrections, make an 
appointment, or submit a written request to correct records under the 
Freedom of Information Act can be found on the SAVE website at http://www.uscis.gov/save.

[FR Doc. 2017-27141 Filed 12-14-17; 8:45 am]
 BILLING CODE 9111-97-P



                                                59636                       Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

                                                submit a written request to correct                        • You may contact Alexander King,                     For individuals who have already
                                                records under the Freedom of                            Branch Chief, Waivers and Temporary                   been granted TPS under Nicaragua’s
                                                Information Act can be found on the                     Services Branch, Service Center                       designation, the 60-day re-registration
                                                SAVE website at http://www.uscis.gov/                   Operations Directorate, U.S. Citizenship              period runs from December 15, 2017
                                                save.                                                   and Immigration Services, Department                  through February 13, 2018. USCIS will
                                                [FR Doc. 2017–27140 Filed 12–14–17; 8:45 am]            of Homeland Security, 20 Massachusetts                issue new EADs with a January 5, 2019
                                                BILLING CODE 9111–97–P                                  Avenue NW, Washington, DC 20529–                      expiration date to eligible Nicaraguan
                                                                                                        2060; or by phone at (202) 272–8377                   TPS beneficiaries who timely re-register
                                                                                                        (this is not a toll-free number). Note:               and apply for EADs. Given the
                                                DEPARTMENT OF HOMELAND                                  The phone number provided here is                     timeframes involved with processing
                                                SECURITY                                                solely for questions regarding this TPS               TPS re-registration applications, DHS
                                                                                                        Notice. It is not for individual case                 recognizes that not all re-registrants will
                                                U.S. Citizenship and Immigration                        status inquiries.                                     receive new EADs before their current
                                                Services                                                   • For further information on TPS,                  EADs expire on January 5, 2018.
                                                                                                        including guidance on the re-                         Accordingly, through this Notice, DHS
                                                [CIS No. 2613–17; DHS Docket No. USCIS–
                                                2014–0006]                                              registration process and additional                   automatically extends the validity of
                                                                                                        information on eligibility, please visit              EADs issued under the TPS designation
                                                RIN 1615–ZB69                                           the USCIS TPS web page at http://                     of Nicaragua for 60 days, through March
                                                                                                        www.uscis.gov/tps. You can find                       6, 2018. Additionally, provided a
                                                Termination of the Designation of                       specific information about this
                                                Nicaragua for Temporary Protected                                                                             Nicaraguan TPS beneficiary timely re-
                                                                                                        termination of Nicaragua’s TPS by                     registers and properly files an
                                                Status                                                  selecting ‘‘Nicaragua’’ from the menu on              application for an EAD in accordance
                                                AGENCY: U.S. Citizenship and                            the left side of the TPS web page.                    with this Notice, the validity of his or
                                                Immigration Services, Department of                        • Applicants seeking information                   her EAD will be automatically extended
                                                Homeland Security.                                      about the status of their individual cases            by regulation for up to 180 days from
                                                                                                        can check Case Status Online, available               the date the current EAD expires, i.e.,
                                                ACTION: Notice.
                                                                                                        on the USCIS website at http://                       through July 4, 2018. See 8 CFR
                                                SUMMARY:   The designation of Nicaragua                 www.uscis.gov, or call the USCIS                      274a.13(d)(1). This Notice explains how
                                                for Temporary Protected Status (TPS) is                 National Customer Service Center at                   TPS beneficiaries and their employers
                                                set to expire on January 5, 2018. After                 800–375–5283 (TTY 800–767–1833).                      may determine which EADs are
                                                reviewing country conditions and                        Service is available in English and                   automatically extended and how this
                                                consulting with the appropriate U.S.                    Spanish.                                              affects the Form I–9, Employment
                                                Government agencies, the Secretary of                      • Further information will also be
                                                                                                                                                              Eligibility Verification, and E-Verify
                                                Homeland Security (Secretary) has                       available at local USCIS offices upon
                                                                                                                                                              processes.
                                                determined that conditions in Nicaragua                 publication of this Notice.
                                                                                                                                                                 What is Temporary Protected Status
                                                no longer support its designation for                   SUPPLEMENTARY INFORMATION:
                                                                                                                                                              (TPS)?
                                                TPS and is therefore terminating the                    Table of Abbreviations                                   • TPS is a temporary immigration
                                                TPS designation of Nicaragua. To                                                                              status granted to eligible nationals of a
                                                                                                        BIA—Board of Immigration Appeals
                                                provide for an orderly transition, this                                                                       country designated for TPS under the
                                                                                                        CFR—Code of Federal Regulations
                                                termination is effective on January 5,                  DHS—Department of Homeland Security                   Immigration and Nationality Act (INA),
                                                2019, which is 12 months following the                  DOS—Department of State                               or to eligible persons without
                                                end of the current designation.                         EAD—Employment Authorization Document                 nationality who last habitually resided
                                                   Nationals of Nicaragua (and aliens                   FNC—Final Nonconfirmation                             in the designated country.
                                                having no nationality who last                          FR—Federal Register                                      • During the TPS designation period,
                                                habitually resided in Nicaragua) who                    Government—U.S. Government
                                                                                                        IJ—Immigration Judge                                  TPS beneficiaries are eligible to remain
                                                have been granted TPS and wish to                                                                             in the United States, may not be
                                                                                                        INA—Immigration and Nationality Act
                                                maintain their TPS and receive TPS-                     IER—U.S. Department of Justice Civil Rights           removed, and are authorized to work
                                                based Employment Authorization                            Division, Immigrant and Employee Rights             and obtain EADs so long as they
                                                Documents (EAD) valid through January                     Section                                             continue to meet the requirements of
                                                5, 2019, must re-register for TPS in                    SAVE—USCIS Systematic Alien Verification              TPS.
                                                accordance with the procedures set                        for Entitlements Program                               • TPS beneficiaries may also apply
                                                forth in this Notice. On January 6, 2019,               Secretary—Secretary of Homeland Security
                                                                                                        TNC—Tentative Nonconfirmation                         for and be granted travel authorization
                                                nationals of Nicaragua (and aliens                                                                            as a matter of discretion.
                                                                                                        TPS—Temporary Protected Status
                                                having no nationality who last                          TTY—Text Telephone                                       • The granting of TPS does not result
                                                habitually resided in Nicaragua) who                    USCIS—U.S. Citizenship and Immigration                in or lead to lawful permanent resident
                                                have been granted TPS under the                           Services                                            status.
                                                Nicaragua designation will no longer                    U.S.C.—United States Code                                • To qualify for TPS, beneficiaries
                                                have TPS.                                                 Through this Notice, DHS sets forth                 must meet the eligibility standards at
                                                DATES: The designation of Nicaragua for                 procedures necessary for eligible                     INA section 244(c)(2), 8 U.S.C.
                                                TPS is terminated effective at 11:59                    nationals of Nicaragua (or aliens having              1254a(c)(2).
                                                p.m., local time, on January 5, 2019. The               no nationality who last habitually                       • When the Secretary terminates a
sradovich on DSK3GMQ082PROD with NOTICES




                                                60-day re-registration period runs from                 resided in Nicaragua) to re-register for              country’s TPS designation, beneficiaries
                                                December 15, 2017 through February 13,                  TPS and to apply for renewal of their                 return to one of the following:
                                                2018. (Note: It is important for re-                    EADs with USCIS. Re-registration is                      Æ The same immigration status or
                                                registrants to timely re-register during                limited to persons who have previously                category that they maintained before
                                                this 60-day period and not to wait until                registered for TPS under the designation              TPS, if any (unless that status or
                                                their EADs expire.)                                     of Nicaragua and whose applications                   category has since expired or been
                                                FOR FURTHER INFORMATION CONTACT:                        have been granted.                                    terminated); or


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                                                                            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                          59637

                                                  Æ Any other lawfully obtained                         TPS designation, the Secretary must                   Nicaragua’s Gross Domestic Product
                                                immigration status or category they                     terminate the designation, but such                   (GDP) reached an all-time high of $13.23
                                                received while registered for TPS, as                   termination may not take effect earlier               billion (USD) in 2016, has averaged over
                                                long as it is still valid on the date TPS               than 60 days after the date the Federal               5% growth since 2010, and Nicaragua’s
                                                terminates.                                             Register notice of termination is                     GDP per capita is higher today than in
                                                                                                        published, or if later, the expiration of             1998. Public infrastructure investment
                                                When was Nicaragua designated for
                                                                                                        the most recent previous extension of                 has been a high priority for the
                                                TPS?
                                                                                                        the country designation. See INA                      government, and the government has
                                                  Nicaragua was initially designated for                section 244(b)(3)(B), 8 U.S.C.                        demonstrated its ability to provide basic
                                                TPS on January 5, 1999, based on                        1254a(b)(3)(B). The Secretary may                     services to its citizens. The U.S.
                                                environmental disaster grounds,                         determine the appropriate effective date              Department of State does not have a
                                                specifically the devastation caused by                  of the termination and the expiration of              current travel warning for Nicaragua.
                                                Hurricane Mitch. See Designation of                     any TPS-related documentation, such as                DHS estimates that there are
                                                Nicaragua Under Temporary Protected                     EADs, for the purpose of providing an                 approximately 5,300 nationals of
                                                Status, 64 FR 526 (Jan. 5, 1999). The last              orderly transition. See id.; INA section              Nicaragua (and aliens having no
                                                extension of Nicaragua’s designation for                244(d)(3), 8 U.S.C. 1254a(d)(3).                      nationality who last habitually resided
                                                TPS was announced on May 16, 2016,                                                                            in Nicaragua) who hold TPS under
                                                based on the determination that the                     Why is the Secretary terminating the
                                                                                                        TPS designation for Nicaragua as of                   Nicaragua’s designation.
                                                conditions warranting the designation
                                                continued to be met. See Extension of                   January 5, 2019?                                      Notice of Termination of the TPS
                                                the Designation of Nicaragua for                           DHS has reviewed conditions in                     Designation of Nicaragua
                                                Temporary Protected Status, 81 FR                       Nicaragua. Based on the review,                          By the authority vested in me under
                                                30325 (May 16, 2016).                                   including input received from other                   INA section 244, 8 U.S.C. 1254a, I have
                                                                                                        relevant U.S. Government agencies, the                determined, after consultation with the
                                                What authority does the Secretary have
                                                                                                        Secretary has determined that                         appropriate U.S. Government agencies,
                                                to terminate the designation of
                                                                                                        conditions for Nicaragua’s 1999                       that Nicaragua no longer meets the
                                                Nicaragua for TPS?
                                                                                                        designation for TPS on the basis of                   conditions for designation of TPS under
                                                   Section 244(b)(1) of the INA, 8 U.S.C.               environmental disaster due to the                     section 244(b)(1) of the INA, 8 U.S.C.
                                                1254a(b)(1), authorizes the Secretary,                  damage caused by Hurricane Mitch are                  1254a(b)(1). Accordingly, I order as
                                                after consultation with appropriate U.S.                no longer met. It is no longer the case               follows:
                                                Government agencies, to designate a                     that Nicaragua is unable, temporarily, to                (1) Pursuant to INA section
                                                foreign state (or part thereof) for TPS if              handle adequately the return of                       244(b)(3)(B), to provide for an orderly
                                                the Secretary determines that certain                   nationals of Nicaragua. Recovery efforts              transition, the designation of Nicaragua
                                                country conditions exist.1 The Secretary                relating to Hurricane Mitch have largely              for TPS is terminated at 11:59 p.m.,
                                                may then grant TPS to eligible nationals                been completed. The social and                        local time, on January 5, 2019, 12
                                                of that foreign state (or eligible aliens               economic conditions affected by                       months following the end of the current
                                                having no nationality who last                          Hurricane Mitch have stabilized, and                  designation.
                                                habitually resided in the designated                    people are able to conduct their daily                   (2) Information concerning the
                                                country). See INA section 244(a)(1)(A),                 activities without impediments directly               termination of TPS for nationals of
                                                8 U.S.C. 1254a(a)(1)(A).                                related to damage from the storm.
                                                   At least 60 days before the expiration                                                                     Nicaragua (and aliens having no
                                                                                                           Nicaragua received a significant                   nationality who last habitually resided
                                                of a country’s TPS designation or                       amount of international aid to assist in
                                                extension, the Secretary, after                                                                               in Nicaragua) will be available at local
                                                                                                        its Hurricane Mitch-related recovery                  USCIS offices upon publication of this
                                                consultation with appropriate                           efforts, and many reconstruction
                                                Government agencies, must review the                                                                          Notice and through the USCIS National
                                                                                                        projects have now been completed.
                                                conditions in a foreign state designated                                                                      Customer Service Center at 1–800–375–
                                                                                                        Hundreds of homes destroyed by the
                                                for TPS to determine whether the                                                                              5283. This information will be
                                                                                                        storm have been rebuilt. The
                                                conditions for the TPS designation                                                                            published on the USCIS website at
                                                                                                        government of Nicaragua has been
                                                continue to be met. See INA section                                                                           www.uscis.gov.
                                                                                                        working to improve access to remote
                                                244(b)(3)(A), 8 U.S.C. 1254a(b)(3)(A). If               communities and has built new roads in                Elaine C. Duke,
                                                the Secretary determines that a foreign                 many of the areas affected by Hurricane               Acting Secretary.
                                                state continues to meet the conditions                  Mitch, including the first paved road to
                                                for TPS designation, the designation                    connect the Pacific side of the country               Required Application Forms and
                                                must be extended for an additional                      to the Caribbean Coast, which is nearly               Application Fees To Re-Register for
                                                period of 6 months and, in the                          completed. Access to drinking water                   TPS
                                                Secretary’s discretion, may be extended                 and sanitation has improved.                            To re-register for TPS based on the
                                                for 12 or 18 months. See INA section                    Electrification of the country has                    designation of Nicaragua, you must
                                                244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). If               increased from 50% of the country in                  submit an Application for Temporary
                                                the Secretary determines that the foreign               2007 to 90% today. Nearly 1.5 million                 Protected Status (Form I–821). You do
                                                state no longer meets the conditions for                textbooks have been provided to                       not need to pay the filing fee for the
                                                                                                        225,000 primary students of the poorest               Form I–821. See 8 CFR 244.17. You may
                                                  1 As of March 1, 2003, in accordance with section
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                                                                                                        regions of the country. Internet access is            be required to pay the biometric services
                                                1517 of title XV of the Homeland Security Act of
                                                2002, Public Law 107–296, 116 Stat. 2135, any           also now widely available.                            fee. Please see additional information
                                                reference to the Attorney General in a provision of        In addition, Nicaragua’s relative                  under the ‘‘Biometric Services Fee’’
                                                the INA describing functions transferred from the       security has helped attract tourism and               section of this Notice.
                                                Department of Justice to the Department of              foreign investment. The Nicaraguan                      Through operation of this Notice,
                                                Homeland Security (DHS) ‘‘shall be deemed to refer
                                                to the Secretary’’ of Homeland Security. See 6
                                                                                                        economy has strengthened due to                       your existing EAD issued under the TPS
                                                U.S.C. 557 (codifying the Homeland Security Act of      increased foreign direct investment and               designation of Nicaragua with the
                                                2002, tit. XV, section 1517).                           exports of textiles and commodities.                  expiration date of January 5, 2018, is


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                                                59638                          Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

                                                automatically extended for 60 days,                          if your current TPS-related EAD has                     so USCIS can process your application
                                                through March 6, 2018. You do not need                       expired.                                                and issue any EAD promptly. Properly
                                                to apply for a new EAD in order to                              If you are seeking an EAD with your                  filing early will also allow you to have
                                                benefit from this 60-day automatic                           re-registration for TPS, please submit                  time to re-file your application before
                                                extension. However, if you want to                           both the Form I–821 and Form I–765                      the deadline and, if you also file Form
                                                obtain a new EAD valid through January                       together. If you are unable to pay the                  I–765, receive a Form I–797C
                                                5, 2019, you must also file an                               application fee and/or biometrics fee,                  demonstrating your EAD’s 180-day
                                                Application for Employment                                   you may complete a Request for Fee                      automatic extension, should USCIS
                                                Authorization (Form I–765) and pay the                       Waiver (Form I–912) or submit a                         deny your fee waiver request. If,
                                                Form I–765 fee. Note, if you do not want                     personal letter requesting a fee waiver                 however, you receive a denial of your
                                                a new EAD, you do not have to file                           with satisfactory supporting                            fee waiver request and are unable to re-
                                                                                                             documentation. For more information                     file by the re-registration deadline, you
                                                Form I–765 or pay the Form I–765 fee.
                                                                                                             on the application forms and fees for                   may still re-file your Form I–821 with
                                                If you do not want to request a new EAD
                                                                                                             TPS, please visit the USCIS TPS web                     the biometrics fee. This situation will be
                                                now, you may also file Form I–765 at a
                                                                                                             page at http://www.uscis.gov/tps. Fees                  reviewed to determine whether you
                                                later date to request a new EAD and pay                      for the Form I–821, the Form I–765, and
                                                the fee (or request a fee waiver),                                                                                   established good cause for late TPS re-
                                                                                                             biometric services are also described in                registration. However, you are urged to
                                                provided that you still have TPS or a                        8 CFR 103.7(b)(1)(i).
                                                pending TPS application.                                                                                             re-file within 45 days of the date on any
                                                                                                             Biometric Services Fee                                  USCIS fee waiver denial notice, if
                                                   In addition to the automatic 60-day                                                                               possible. See INA section 244(c)(3)(C); 8
                                                EAD extension provided through this                            Biometrics (such as fingerprints) are                 U.S.C. 1254a(c)(3)(C); 8 CFR 244.17(b).
                                                notice, if you timely re-register for TPS                    required for all applicants 14 years and                For more information on good cause for
                                                and properly file an application for an                      older. Those applicants must submit a
                                                                                                                                                                     late re-registration, visit the USCIS TPS
                                                EAD in accordance with this Notice, the                      biometric services fee. As previously
                                                                                                                                                                     web page at http://www.uscis.gov/tps.
                                                validity of your EAD will be                                 stated, if you are unable to pay for the
                                                                                                                                                                     Following denial of your fee waiver
                                                automatically extended by regulation for                     biometric services fee, you may
                                                                                                                                                                     request, you may also re-file your Form
                                                up to 180 days from the date the current                     complete a Form I–912 or submit a
                                                                                                                                                                     I–765 with fee either with your Form I–
                                                EAD expires, i.e., through July 4, 2018.                     personal letter requesting a fee waiver
                                                                                                                                                                     821 or at a later time, if you choose.
                                                See 8 CFR 274a.13(d)(1). But unless you                      with satisfactory supporting
                                                                                                             documentation. For more information                       Note: Although a re-registering TPS
                                                timely re-register for TPS and properly                                                                              beneficiary age 14 and older must pay the
                                                                                                             on the biometric services fee, please
                                                file an EAD application in accordance                                                                                biometric services fee (but not the Form I–
                                                                                                             visit the USCIS website at http://
                                                with this Notice, the validity of your                                                                               821 fee) when filing a TPS re-registration
                                                                                                             www.uscis.gov. If necessary, you may be
                                                current EAD will end on March 6, 2018.                                                                               application, you may decide to wait to
                                                                                                             required to visit an Application Support                request an EAD. Therefore, you do not have
                                                You may file the application for your                        Center to have your biometrics
                                                EAD either prior to or after it has                                                                                  to file the Form I–765 or pay the associated
                                                                                                             captured. For additional information on                 Form I–765 fee (or request a fee waiver) at
                                                expired and your EAD will be                                 the USCIS biometrics screening process                  the time of re-registration, and could wait to
                                                automatically extended for up to 180                         please see the USCIS Customer Profile                   seek an EAD until after USCIS has approved
                                                days (i.e., through July 4, 2018). See 8                     Management Service Privacy Impact                       your TPS re-registration. If you choose to do
                                                CFR 274a.13(d)., You are strongly                            Assessment, available at www.dhs.gov/                   this, to re-register for TPS you would only
                                                encouraged to properly file your EAD                         privacy.                                                need to file the Form I–821 with the
                                                application as early as possible to avoid                                                                            biometrics services fee, if applicable, (or
                                                gaps in your employment authorization                        Re-Filing a Re-Registration TPS                         request a fee waiver).
                                                documentation and to ensure that you                         Application After Receiving a Denial of
                                                receive your Form I–797C Notice of                           a Fee Waiver Request                                    Mailing Information
                                                Action prior to March 6, 2018. However,                        You should file as soon as possible                     Mail your application for TPS to the
                                                you may file your EAD application even                       within the 60-day re-registration period                proper address in Table 1.

                                                                                                                   TABLE 1—MAILING ADDRESSES
                                                If . . .                                                                                    Mail to . . .

                                                You are applying through the U.S. Postal Service ..................................         USCIS, Attn: TPS Nicaragua, P.O. Box 4413, Chicago, IL 60680.
                                                For FedEx, UPS, and DHL deliveries ......................................................   USCIS, Attn: TPS Nicaragua, 131 S. Dearborn Street, 3rd Floor, Chi-
                                                                                                                                             cago, IL 60603–5517.



                                                  If you were granted TPS by an                              This will help us to verify your grant of               Employment Authorization Document
                                                immigration judge (IJ) or the Board of                       TPS and process your application.                       (EAD)
                                                Immigration Appeals (BIA) and you
                                                                                                             Supporting Documents                                    How can I obtain information on the
                                                wish to request an EAD or are re-
                                                                                                                                                                     status of my EAD request?
                                                registering for the first time following a                     The filing instructions on the Form I–
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                                                grant of TPS by an IJ or the BIA, please                     821 list all the documents needed to                      To get case status information about
                                                mail your application to the appropriate                     establish eligibility for TPS. You may                  your TPS application, including the
                                                mailing address in Table 1. When re-                         also find information on the acceptable                 status of an EAD request, you can check
                                                registering and requesting an EAD based                      documentation and other requirements                    Case Status Online at http://
                                                on an IJ/BIA grant of TPS, please                            for applying or registering for TPS on                  www.uscis.gov, or call the USCIS
                                                include a copy of the IJ or BIA order                        the USCIS website at www.uscis.gov/tps                  National Customer Service Center at
                                                granting you TPS with your application.                      under ‘‘Nicaragua.’’                                    800–375–5283 (TTY 800–767–1833). If


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                                                                            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                            59639

                                                your Form I–765 has been pending for                    for TPS. In either case, your current                 Eligibility Verification (Form I–9) using
                                                more than 90 days, and you still need                   EAD will be auto-extended through July                an automatically extended EAD for a
                                                assistance, you may request an EAD                      4, 2018. You are strongly encouraged to               new job?’’ for further information.
                                                inquiry appointment with USCIS by                       file your EAD renewal application as                     To reduce confusion over this
                                                using the InfoPass system at https://                   early as possible to avoid gaps in                    extension at the time of hire, you should
                                                infopass.uscis.gov. However, we                         documentation of your employment                      explain to your employer that the
                                                strongly encourage you first to check                   authorization.                                        validity of your EAD has been
                                                Case Status Online or call the USCIS                                                                          automatically extended by this Notice
                                                                                                        When hired, what documentation may I                  through March 6, 2018. If you have a
                                                National Customer Service Center for                    show to my employer as evidence of
                                                assistance before making an InfoPass                                                                          Form I–797C, you should explain to
                                                                                                        employment authorization and identity                 your employer that your EAD has been
                                                appointment.                                            when completing Employment                            automatically extended through July 4,
                                                Am I eligible to receive an automatic 60-               Eligibility Verification (Form I–9)?                  2018. You may also provide your
                                                day extension of my current EAD                            You can find a list of acceptable                  employer with a copy of this Notice,
                                                through March 6, 2018?                                  document choices on the ‘‘Lists of                    which explains how your EAD is
                                                   Yes. Provided that you currently have                Acceptable Documents’’ for Form I–9.                  automatically extended. As an
                                                TPS under the designation of Nicaragua,                 Employers must complete Form I–9 to                   alternative to presenting evidence of
                                                this Notice automatically extends your                  verify the identity and employment                    your automatically extended EAD, you
                                                EAD by 60 days if you:                                  authorization of all new employees.                   may choose to present any other
                                                   • Are a national of Nicaragua (or an                 Within three days of hire, employees                  acceptable document from List A, a
                                                alien having no nationality who last                    must present acceptable documents to                  combination of one selection from List
                                                habitually resided in Nicaragua); and                   their employers as evidence of identity               B and one selection from List C, or a
                                                   • Have an EAD under the designation                  and employment authorization to satisfy               valid receipt.
                                                of TPS for Nicaragua with a marked                      Form I–9 requirements.
                                                                                                           You may present any document from                  What documentation may I present to
                                                expiration date of January 5, 2018,
                                                                                                        List A (which provides evidence of both               my employer for Employment Eligibility
                                                bearing the notation A–12 or C–19 on                                                                          Verification (Form I–9) if I am already
                                                the face of the card under Category.                    identity and employment
                                                                                                        authorization), or one document from                  employed but my current TPS-related
                                                   Although this Notice automatically
                                                                                                        List B (which provides evidence of your               EAD is set to expire?
                                                extends your EAD through March 6,
                                                2018, you must re-register timely for                   identity) together with one document                     Even though EADs with an expiration
                                                TPS in accordance with the procedures                   from List C (which is evidence of                     date of January 5, 2018 that state ‘‘A–
                                                described in this Notice if you would                   employment authorization), or you may                 12’’ or ‘‘C–19’’ under ‘‘Category’’ have
                                                like to maintain your TPS.                              present an acceptable receipt for List A,             been automatically extended for 60 days
                                                                                                        List B, or List C documents as described              by this Federal Register notice, you are
                                                Am I eligible to receive an extension of                in the Form I–9 Instructions. Employers               also eligible to have your EAD
                                                my current EAD beyond March 6, 2018,                    may not reject a document based on a                  automatically extended for 180 days if
                                                while I wait for my new one to arrive?                  future expiration date. You can find                  you properly file for a new EAD in
                                                   Provided that you currently have a                   additional detailed information about                 accordance with this Notice. Your
                                                Nicaragua TPS-based EAD, you may be                     Form I–9 on USCIS’s I–9 Central web                   employer will need to ask you about
                                                eligible to have the validity of your                   page at https://www.uscis.gov/i-9-                    your continued employment
                                                current EAD extended for up to 180                      central.                                              authorization no later than before you
                                                days from its current expiration date                      An EAD is an acceptable document                   start work on January 6, 2018. You will
                                                (through July 4, 2018) if you:                          under List A. If your EAD has an                      need to present your employer with
                                                   • Are a national of Nicaragua (or an                 expiration date of January 5, 2018, and               evidence that you are still authorized to
                                                alien having no nationality who last                    states ‘‘A–12’’ or ‘‘C–19’’ under                     work. Once presented, you may correct
                                                habitually resided in Nicaragua);                       ‘‘Category,’’ it has been extended                    your employment authorization
                                                   • Have an EAD under the designation                  automatically for 60 days by virtue of                expiration date in Section 1 and your
                                                of Nicaragua for TPS;                                   this Notice, and you may choose to                    employer should correct the EAD
                                                   • Have an EAD with a marked                          present your EAD to your employer as                  expiration date in Section 2 of Form I–
                                                expiration date of January 5, 2018,                     proof of identity and employment                      9. See the subsection titled, ‘‘What
                                                bearing the notation ‘‘A–12’’ or ‘‘C–19’’               authorization for Form I–9 through                    corrections should my current employer
                                                on the face of the card under                           March 6, 2018, unless your TPS has                    and I make to Employment Eligibility
                                                ‘‘Category’’; and                                       been withdrawn or your request for TPS                Verification (Form I–9) if my EAD has
                                                   • Properly filed an application for an               has been denied. If you properly filed an             been automatically extended?’’ for
                                                EAD in accordance with this Notice.                     EAD renewal application in accordance                 further information. You may also show
                                                   You must timely re-register for TPS as               with this Notice, you will receive a                  this Notice to your employer to explain
                                                described in this Notice if you would                   Form I–797C Notice of Action (showing                 what to do for Form I–9.
                                                like to maintain your TPS. This Federal                 the qualifying eligibility category of                   Your employer may need to reinspect
                                                Register Notice automatically extends                   either A–12 or C–19). You may choose                  your automatically extended EAD to
                                                your EAD with an expiration date of                     to present your EAD to your employer                  check the expiration date and Category
                                                January 5, 2018, for 60 days until March                together with the Form I–797C as a List               code to record the updated expiration
                                                6, 2018. If you would like to have the                  A document that provides evidence of                  date on your Form I–9 if your employer
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                                                validity of your current EAD                            your identity and employment                          did not keep a copy of this EAD when
                                                automatically extended for up to 180                    authorization for Form I–9 through July               you initially presented it. In addition, if
                                                days from January 5, 2018, you must                     4, 2018, unless your TPS has been                     you properly file your Form I–765 to
                                                properly file Form I–765 for a new EAD                  finally withdrawn or your request for                 renew your current EAD in accordance
                                                when you file to re-register for TPS or                 TPS has been finally denied. See the                  with this Notice, you may present Form
                                                at any other time before July 4, 2018, if               subsection titled, ‘‘How do my employer               I–797C to your employer along with
                                                you file Form I–765 after you re-register               and I complete the Employment                         your EAD to confirm the validity of your


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                                                59640                       Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

                                                EAD has been automatically extended                     authorization of current employees. If                Verification (Form I–9) if my EAD has
                                                through July 4, 2018, unless your TPS                   presented with EADs that have been                    been automatically extended?
                                                has been finally withdrawn or your                      automatically extended, employers
                                                request for TPS has been finally denied.                should accept such EADs as valid List                 How do my employer and I complete
                                                You may also show this Federal                          A documents so long as the EADs                       Employment Eligibility Verification
                                                Register notice to your employer to                     reasonably appear to be genuine and to                (Form I–9) using my automatically
                                                reduce confusion. To avoid delays in                    relate to the employee. In addition, if               extended EAD for a new job using Form
                                                receiving the Form I–797C and reduce                    the EAD with a January 5, 2018                        I–797C Notice of Action?
                                                the possibility of gaps in your                         expiration date in category A–12 or                      You may also complete Form I–9 for
                                                employment authorization                                C–19 is presented with the Form I–
                                                documentation, you should file your                                                                           a new job using an EAD with a January
                                                                                                        797C, an employer should accept this
                                                EAD renewal application as early as                                                                           5, 2018 expiration date that has been
                                                                                                        document combination as a valid List A
                                                possible during the re-registration                                                                           automatically extended because you
                                                                                                        document so long as the EAD
                                                period.                                                 reasonably appears to be genuine and                  properly filed for a new EAD in
                                                   The last day of the automatic EAD                    relates to the employee. Refer to the                 accordance with this Notice. As proof of
                                                extension by this Federal Register                      Note to Employees section of this Notice              your employment authorization, you
                                                notice is March 6, 2018. After this date,               for important information about your                  may present your EAD with expiration
                                                if you properly filed for a new EAD, you                rights if your employer rejects lawful                date January 5, 2018 with category
                                                may demonstrate continued                               documentation, requires additional                    A–12 or C–19 in combination with the
                                                employment eligibility by providing                     documentation, or otherwise                           Form I–797C showing that the EAD
                                                your Form I–797C which will indicate                    discriminates against you based on your               renewal application was filed and that
                                                that the last day of the automatic 180-                 citizenship or immigration status, or                 the qualifying eligibility category is
                                                day EAD extension is July 4, 2018.                      your national origin.                                 either A–12 or C–19. Unless your TPS
                                                Before you start work on July 5, 2018,                                                                        has been finally withdrawn or your
                                                your employer must reverify your                        How do my employer and I complete                     request for TPS has been finally denied,
                                                employment authorization. At that time,                 Employment Eligibility Verification                   this document combination is
                                                you must present any document from                      (Form I–9) using my automatically                     considered an unexpired EAD (Form
                                                List A or any document from List C on                   extended EAD for a new job using this                 I–766) under List A. When completing
                                                Form I–9 Lists of Acceptable                            Federal Register notice?                              Form I–9 for a new job you are starting
                                                Documents, or an acceptable List A or                      To complete Form I–9 for a new job                 before July 4, 2018, you and your
                                                List C receipt described in the Form I–                 using an automatically extended EAD                   employer should do the following:
                                                9 Instructions to reverify employment                   with a January 5, 2018 expiration date
                                                authorization.                                                                                                   1. For Section 1, you should:
                                                                                                        and A–19 or C–12 under Category, you
                                                   By July 5, 2018, your employer must                  and your employer should do the                          a. Check ‘‘An alien authorized to work
                                                complete Section 3 of the current                       following if using an EAD that has been               until’’ and enter July 4, 2018, the date
                                                version of the form, Form I–9 07/17/17                  automatically extended for 60 days by                 that is 180 days from the date your
                                                N, and attach it to the previously                      this Federal Register notice:                         current EAD expires as the ‘‘expiration
                                                completed Form I–9, if your original                       1. For Section 1, you should:                      date, if applicable, mm/dd/yyyy’’; and
                                                Form I–9 was a previous version. Your                      a. Check ‘‘An alien authorized to work                b. Enter your Alien Number/USCIS
                                                employer can check the USCIS’s I–9                      until’’ and enter March 6, 2018 (the date             number or A-Number where indicated
                                                Central web page at https://                            that is 60 days after January 5, 2018) as             (your EAD or other document from DHS
                                                www.uscis.gov/i-9-central for the most                  the ‘‘expiration date, if applicable,                 will have your USCIS Number or
                                                current version of Form I–9.                            mm/dd/yyyy’’ and;
                                                   Note that your employer may not                                                                            A-Number printed on it; the USCIS
                                                                                                           b. Enter your Alien Number/USCIS                   number is the same as your A-Number
                                                specify which List A or List C document                 number or A-Number where indicated
                                                you must present and cannot reject an                                                                         without the A prefix).
                                                                                                        (your EAD or other document from DHS
                                                acceptable receipt.                                     will have your USCIS Number or                           2. When completing Section 2,
                                                                                                        A-Number printed on it; the USCIS                     employers should:
                                                Can my employer require that I provide
                                                any other documentation to prove my                     number is the same as your A-Number                      a. Determine if the EAD is auto-
                                                status, such as proof of my Nicaraguan                  without the A prefix).                                extended for 180 days by ensuring:
                                                                                                           2. For Section 2, employers should:
                                                citizenship?
                                                                                                           a. Determine if the EAD is auto-                      • It is in category A–12 or C–19; and
                                                   No. When completing Form I–9,                        extended for 60 days by ensuring it is                   • The category code on the EAD is the
                                                including reverifying employment                        in category A–12 or C–19 and has a                    same category code on Form I–797C,
                                                authorization, employers must accept                    January 5, 2018 expiration date;                      noting that employers should consider
                                                any documentation that appears on the                      b. Write in the document title;                    category codes A–12 and C–19 to be the
                                                Form I–9 Lists of Acceptable Documents                     c. Enter the issuing authority;                    same category code.
                                                that reasonably appears to be genuine                      d. Provide the document number; and
                                                and that relates to you, or an acceptable                                                                        b. Write in the document title;
                                                                                                           e. Insert March 6, 2018, the date that
                                                List A, List B, or List C receipt.                      is 60 days from the date the current EAD                 c. Enter the issuing authority;
                                                Employers need not reverify List B                      expires.                                                 d. Provide the document number; and
                                                identity documents. Employers may not                      Before the start of work on March 7,
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                                                request documentation that does not                     2018, your employer will need to                         e. Insert July 4, 2018, the date that is
                                                appear on the ‘‘Lists of Acceptable                     examine evidence that you continue to                 180 days from the date the current EAD
                                                Documents.’’ Therefore, employers may                   have employment authorization. If you                 expires.
                                                not request proof of Nicaraguan                         properly filed an EAD application, see                   Before the start of work on July 5,
                                                citizenship or proof of re-registration for             instructions below under ‘‘What                       2018, employers must reverify the
                                                TPS when completing Form I–9 for new                    corrections should my current employer                employee’s employment authorization
                                                hires or reverifying the employment                     and I make to Employment Eligibility                  in Section 3 of Form I–9.


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                                                                            Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices                                           59641

                                                What corrections should my current                        b. Write July 4, 2018, the date that is             instructions above. Before the employee
                                                employer and I make to Employment                       180 days from the date your current                   starts to work on July 5, 2018,
                                                Eligibility Verification (Form I–9) if my               EAD expires above the previous date;                  employment authorization must be
                                                EAD has been automatically extended                     and                                                   reverified in Section 3. Employers
                                                by this Federal Register notice?                          c. Initial and date the correction in the           should not use E-Verify for
                                                                                                        margin of Section 1.                                  reverification.
                                                   If you presented a TPS-related EAD
                                                                                                          2. For Section 2, employers should:
                                                that was valid when you first started                                                                         Note to All Employers
                                                                                                          a. Determine if the EAD is auto-
                                                your job and your EAD has now been                      extended for 180 days by ensuring:                       Employers are reminded that the laws
                                                automatically extended by this Notice,                    • It is in category A–12 or C–19; and               requiring proper employment eligibility
                                                your employer may need to reinspect                       • The category code on the EAD is the               verification and prohibiting unfair
                                                your automatically extended EAD if                      same category code on Form I–797C,                    immigration-related employment
                                                your employer does not have a copy of                   noting that employers should consider                 practices remain in full force. This
                                                the EAD on file, and you and your                       category codes A–12 and C–19 to be the                Notice does not supersede or in any way
                                                employer should correct your                            same category code.                                   limit applicable employment
                                                previously completed Form I–9 as                          b. Draw a line through the expiration               verification rules and policy guidance,
                                                follows:                                                date written in Section 2;                            including those rules setting forth
                                                   1. For Section 1, you may:                             c. Write July 4, 2018, the date that is             reverification requirements. For general
                                                   a. Draw a line through the expiration                180 days from the date the employee’s                 questions about the employment
                                                date in the first space;                                current EAD expires above the previous                eligibility verification process,
                                                   b. Write March 6, 2018 above the                     date; and                                             employers may call USCIS at 888–464–
                                                previous date; and                                        d. Initial and date the correction in               4218 (TTY 877–875–6028) or email
                                                   c. Initial and date the correction in the            the margin of Section 2.                              USCIS at I-9Central@dhs.gov. Calls and
                                                margin of Section 1.                                      Note: This is not considered a                      emails are accepted in English and
                                                   2. For Section 2, employers should:                  reverification. Employers do not need to              many other languages. For questions
                                                   a. Determine if the EAD is auto-                     complete Section 3 until either the 180-day           about avoiding discrimination during
                                                extended for 60 days by ensuring that it                extension has ended or the employee                   the employment eligibility verification
                                                is in category A–12 or C–19; and                        presents a new document to show continued             process (Form I–9 and E-Verify),
                                                   b. Draw a line through the expiration                employment authorization, whichever is                employers may call the U.S. Department
                                                date written in Section 2;                              sooner. By July 5, 2018, when the employee’s          of Justice’s Civil Rights Division,
                                                   c. Write March 6, 2018, the date that                automatically extended EAD has expired,               Immigrant and Employee Rights Section
                                                                                                        employers must reverify the employee’s                (IER) (formerly the Office of Special
                                                is 60 days from the employee’s current
                                                                                                        employment authorization in Section 3.
                                                EAD expiration date above the previous                                                                        Counsel for Immigration-Related Unfair
                                                date; and                                                                                                     Employment Practices) Employer
                                                                                                        If I am an employer enrolled in E-Verify,
                                                   d. Initial and date the correction in                                                                      Hotline at 800–255–8155 (TTY 800–
                                                                                                        how do I verify a new employee whose
                                                the Additional Information field in                                                                           237–2515). IER offers language
                                                                                                        EAD has been automatically extended?
                                                Section 2.                                                                                                    interpretation in numerous languages.
                                                                                                           Employers may create a case in E-                  Employers may also email IER at IER@
                                                  Note: This is not considered a                        Verify for a new employee whose EAD
                                                reverification.                                                                                               usdoj.gov.
                                                                                                        has been automatically extended for 60
                                                                                                        days by this Notice. Employers may also               Note to Employees
                                                What corrections should my current
                                                                                                        create an E-Verify case for an employee                 For general questions about the
                                                employer and I make to Employment
                                                                                                        whose EAD has been automatically                      employment eligibility verification
                                                Eligibility Verification (Form I–9) if my
                                                                                                        extended by properly filing for a new                 process, employees may call USCIS at
                                                EAD has been automatically extended
                                                                                                        EAD in accordance with this Notice                    888–897–7781 (TTY 877–875–6028) or
                                                by Form I–797C?
                                                                                                        using the Form I–797C receipt                         email USCIS at I-9Central@dhs.gov.
                                                   If you presented a TPS-related EAD                   information provided on Form I–9. In                  Calls are accepted in English, Spanish,
                                                that was valid when you first started                   either case, the number entered as the                and many other languages. Employees
                                                your job and your EAD has now been                      document number on Form I–9 should                    or applicants may also call the IER
                                                automatically extended because you                      be entered into the document number                   Worker Hotline at 800–255–7688 (TTY
                                                properly applied for an EAD, you may                    field in E-Verify.                                    800–237–2515) for information
                                                present your EAD with January 5, 2018                                                                         regarding employment discrimination
                                                expiration date with category A–12 or                   If I am an employer enrolled in E-Verify,             based upon citizenship, immigration
                                                C–19 in combination with the Form                       what do I do when I receive a ‘‘Work                  status, or national origin, including
                                                I–797C. The Form I–797C should show                     Authorization Documents Expiration’’                  discrimination related to Employment
                                                that the EAD renewal application was                    alert for an automatically extended                   Eligibility Verification (Form I–9) and E-
                                                timely filed and that the qualifying                    EAD?                                                  Verify. The IER Worker Hotline
                                                eligibility category is either A–12 or                    E-Verify automated the verification                 provides language interpretation in
                                                C–19. To avoid confusion, you may also                  process for employees whose TPS-                      numerous languages.
                                                provide your employer a copy of this                    related EAD was automatically                           To comply with the law, employers
                                                Notice. Your employer may need to re-                   extended. If you have employees who                   must accept any document or
                                                inspect your current EAD if they do not                 are TPS beneficiaries who provided a                  combination of documents from the
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                                                have a copy of the EAD on file. You and                 TPS-related EAD when they first started               Lists of Acceptable Documents if the
                                                your employer should correct your                       working for you, you will receive a                   documentation reasonably appears to be
                                                previously completed Form I–9 as                        ‘‘Work Authorization Documents                        genuine and to relate to the employee,
                                                follows:                                                Expiring’’ case alert when the auto-                  or an acceptable List A, List B, or List
                                                   1. For Section 1, you may                            extension period for this EAD is about                C receipt as described in the Form I–9
                                                   a. Draw a line through the expiration                to expire. This indicates that you should             Instructions. Employers may not require
                                                date in Section 1;                                      update Form I–9 in accordance with the                extra or additional documentation


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                                                59642                       Federal Register / Vol. 82, No. 240 / Friday, December 15, 2017 / Notices

                                                beyond what is required for Form I–9                    Action (Form I–797) for this re-                      with endangered species unless a permit
                                                completion. Further, employers                          registration; and                                     is obtained.
                                                participating in E-Verify who receive an                  (4) A copy of your past or current                  DATES: We must receive any written
                                                E-Verify case result of ‘‘Tentative                     Application for Temporary Protected                   comments on or before January 16,
                                                Nonconfirmation’’ (TNC) must promptly                   Status Notice of Action (Form I–797), if              2018.
                                                inform employees of the TNC and give                    you received one from USCIS.
                                                such employees an opportunity to                          Check with the government agency                    ADDRESSES:    Send written comments by
                                                contest the TNC. A TNC case result                      regarding which document(s) the agency                U.S. mail to the Regional Director, Attn:
                                                means that the information entered into                 will accept. Some benefit-granting                    Carlita Payne, U.S. Fish and Wildlife
                                                E-Verify from Form I–9 differs from                     agencies use the USCIS Systematic                     Service, Ecological Services, 5600
                                                Federal or state government records.                    Alien Verification for Entitlements                   American Blvd. West, Suite 990,
                                                  Employers may not terminate,                          (SAVE) program to confirm the current                 Bloomington, MN 55437–1458; or by
                                                suspend, delay training, withhold pay,                  immigration status of applicants for                  electronic mail to permitsR3ES@fws.gov.
                                                lower pay, or take any adverse action                   public benefits. In most cases, SAVE                  FOR FURTHER INFORMATION CONTACT:
                                                against an employee based on the                        provides an automated electronic                      Carlita Payne, (612) 713–5343.
                                                employee’s decision to contest a TNC or                 response to benefit-granting agencies
                                                                                                                                                              SUPPLEMENTARY INFORMATION: We, the
                                                because the case is still pending with E-               within seconds, but, occasionally,
                                                                                                                                                              U.S. Fish and Wildlife Service, invite
                                                Verify. A Final Nonconfirmation (FNC)                   verification can be delayed. You can
                                                                                                                                                              the public to comment on the following
                                                case result is received when E-Verify                   check the status of your SAVE
                                                                                                                                                              applications for a permit to conduct
                                                cannot verify an employee’s                             verification by using CaseCheck at the
                                                                                                                                                              activities intended to enhance the
                                                employment eligibility. An employer                     following link: https://save.uscis.gov/
                                                                                                                                                              survival of endangered or threatened
                                                may terminate employment based on a                     casecheck/, then by clicking the ‘‘Check
                                                                                                                                                              species. Federal law prohibits certain
                                                case result of FNC. Work-authorized                     Your Case’’ button. CaseCheck is a free
                                                                                                                                                              activities with endangered species
                                                employees who receive an FNC may call                   service that lets you follow the progress
                                                                                                                                                              unless a permit is obtained.
                                                USCIS for assistance at 888–897–7781                    of your SAVE verification using your
                                                (TTY 877–875–6028). For more                            date of birth and one immigration                     Background
                                                information about E-Verify-related                      identifier number. If an agency has
                                                                                                                                                                 The Endangered Species Act of 1973,
                                                discrimination or to report an employer                 denied your application based solely or
                                                                                                                                                              as amended (16 U.S.C. 1531 et seq.;
                                                for discrimination in the E-Verify                      in part on a SAVE response, the agency
                                                                                                                                                              ESA), prohibits certain activities with
                                                process based on citizenship,                           must offer you the opportunity to appeal
                                                                                                                                                              endangered and threatened species
                                                immigration status, or national origin,                 the decision in accordance with the
                                                                                                                                                              unless the activities are specifically
                                                contact IER’s Worker Hotline at 800–                    agency’s procedures. If the agency has
                                                                                                                                                              authorized by a Federal permit. The
                                                255–7688 (TTY 800–237–2515).                            received and acted upon or will act
                                                                                                                                                              ESA and our implementing regulations
                                                Additional information about proper                     upon a SAVE verification and you do
                                                                                                                                                              in part 17 of title 50 of the Code of
                                                nondiscriminatory Form I–9 and E-                       not believe the response is correct, you
                                                                                                                                                              Federal Regulations (CFR) provide for
                                                Verify procedures is available on the                   may make an InfoPass appointment for
                                                                                                                                                              the issuance of such permits and require
                                                IER website at https://www.justice.gov/                 an in-person interview at a local USCIS
                                                                                                                                                              that we invite public comment before
                                                ier and the USCIS website at http://                    office. Detailed information on how to
                                                                                                                                                              issuing permits for activities involving
                                                www.dhs.gov/E-verify.                                   make corrections, make an appointment,
                                                                                                                                                              endangered species.
                                                                                                        or submit a written request to correct
                                                Note Regarding Federal, State, and                      records under the Freedom of                             A permit granted by us under section
                                                Local Government Agencies (Such as                      Information Act can be found on the                   10(a)(1)(A) of the ESA authorizes the
                                                Departments of Motor Vehicles)                          SAVE website at http://www.uscis.gov/                 permittee to conduct activities with U.S.
                                                                                                        save.                                                 endangered or threatened species for
                                                  While Federal Government agencies                                                                           scientific purposes, enhancement of
                                                must follow the guidelines laid out by                  [FR Doc. 2017–27141 Filed 12–14–17; 8:45 am]          propagation or survival, or interstate
                                                the Federal Government, state and local                 BILLING CODE 9111–97–P                                commerce (the latter only in the event
                                                government agencies establish their own                                                                       that it facilitates scientific purposes or
                                                rules and guidelines when granting                                                                            enhancement of propagation or
                                                certain benefits. Each state may have                   DEPARTMENT OF THE INTERIOR                            survival). Our regulations implementing
                                                different laws, requirements, and                                                                             section 10(a)(1)(A) of the ESA for these
                                                determinations about what documents                     Fish and Wildlife Service                             permits are found at 50 CFR 17.22 for
                                                you need to provide to prove eligibility                [FWS–R3–ES–2017–N155; FXES                            endangered wildlife species, 50 CFR
                                                for certain benefits. Whether you are                   11130300000–178–FF03E00000]                           17.32 for threatened wildlife species, 50
                                                applying for a Federal, state, or local                                                                       CFR 17.62 for endangered plant species,
                                                government benefit, you may need to                     Endangered and Threatened Wildlife                    and 50 CFR 17.72 for threatened plant
                                                provide the government agency with                      and Plants; Permit Applications                       species.
                                                documents that show you are a TPS                       AGENCY:   Fish and Wildlife Service,
                                                beneficiary and/or show you are                                                                               Applications Available for Review and
                                                                                                        Interior.                                             Comment
                                                authorized to work based on TPS.
                                                                                                        ACTION: Notice of availability; request
                                                Examples of such documents are:                                                                                 We invite local, State, Tribal, and
                                                                                                        for comments.
                                                  (1) Your current EAD;                                                                                       Federal agencies and the public to
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                                                  (2) A copy of your Form I–797C for                    SUMMARY:  We, the U.S. Fish and                       comment on the following applications.
                                                your application to renew your current                  Wildlife Service, invite the public to                Please refer to the permit number when
                                                EAD providing an automatic extension                    comment on the following applications                 you submit comments. Documents and
                                                of your currently expired or expiring                   for a permit to conduct activities                    other information the applicants have
                                                EAD;                                                    intended to enhance the survival of                   submitted with the applications are
                                                  (3) A copy of your Application for                    endangered or threatened species.                     available for review, subject to the
                                                Temporary Protected Status Notice of                    Federal law prohibits certain activities              requirements of the Privacy Act


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Document Created: 2017-12-15 03:37:11
Document Modified: 2017-12-15 03:37:11
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 designation of Nicaragua for TPS is terminated effective at 11:59 p.m., local time, on January 5, 2019. The 60-day re-registration period runs from December 15, 2017 through February 13, 2018. (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> You may contact Alexander King, Branch Chief, 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) 272-8377 (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 inquiries.
FR Citation82 FR 59636 
RIN Number1615-ZB69

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