[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Notices]
[Pages 46000-46003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17479]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2212-02; AG Order No. 2597-2002]
RIN 1115-AE26
Extension of the Designation of El Salvador Under the Temporary
Protected Status Program; Automatic Extension of Employment
Authorization Documentation for Salvadorans
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: The designation of El Salvador under the Temporary Protected
Status (TPS) program will expire on September 9, 2002. This notice
extends the Attorney General's designation of El Salvador for 12 months
until September 9, 2003. This extension allows eligible nationals of El
Salvador to re-register for TPS and to apply for an extension of their
employment authorization documentation. The re-registration period will
begin on September 9, 2002 and remain in effect through November 12,
2002.
Given the large number of Salvadorans affected by this notice and
given that the initial registration period runs for the duration of the
initial 18-month designation period, the Immigration and Naturalization
Service (Service) recognizes that many re-registrants will not receive
their new Employment Authorization Documents (EADs) until after their
current EADs expire on September 9, 2002. Accordingly, this notice
automatically extends, until March 9, 2003, the validity of EADs issued
pursuant to the El Salvador TPS program, and explains how TPS
beneficiaries or their employers may determine which EADs are
automatically extended. This notice also sets forth procedures by which
Salvadoran TPS class members must re-register for the 12-month
extension.
EFFECTIVE DATES: The extension of the TPS designation for El Salvador
is effective September 9, 2002, and will remain in effect until
September 9, 2003. The re-registration period begins September 9, 2002
and will remain in effect until November 12, 2002. Applications for re-
registration will not be accepted before September 9, 2002.
FOR FURTHER INFORMATION CONTACT: Emily Crowder Frazelle, Program
Analyst, Residence and Status Branch, Adjudications, Immigration and
Naturalization Service, 425 I Street, NW., Room 3040, Washington, D C
20536, telephone (202) 514-4754.
SUPPLEMENTARY INFORMATION:
What Authority Does the Attorney General Have To Extend the
Designation of El Salvador Under the TPS Program?
Section 244(b)(3)(A) of the Immigration and Nationality Act (the
Act) states that at least 60 days before the end of a designation, or
any extension thereof, the Attorney General must review conditions in
the foreign state for which the designation is in effect. 8 U.S.C.
1254a(b)(3)(A). If the Attorney General does not determine that the
foreign state no longer continues to meet the conditions for
designation, the period of designation is extended automatically for 6
months pursuant to section 244(b)(3)(C) of the Act, although the
Attorney General may exercise his discretion to extend the designation
for a period of 12 or 18 months. 8 U.S.C. 1254a(b)(3)(C).
Why Did the Attorney General Decide To Extend the TPS Designation
for El Salvador?
On March 9, 2001, the Attorney General initially designated El
Salvador under the TPS program for a period of 18 months, based on a
series of severe earthquakes that caused numerous fatalities and
injuries and left 1.6 million people (over one-quarter of the country's
population) without adequate housing. 66 FR 14214; Service Resource
Information Center Report (RIC Report) (May 14, 2002). Following the
initial designation, the Departments of State and Justice have
monitored the reconstruction progress in El Salvador. The Attorney
General's decision to extend the TPS designation is made on the
determination that the conditions that warranted TPS designation
initially continue to exist.
The Department of State reports that the earthquakes affected two-
thirds of the country and damaged or destroyed over 300,000 houses.
State Department Report (May 9, 2002). While the Government of El
Salvador has made great strides in responding to the immediate
humanitarian impact of the earthquakes, the Department of State reports
that much of the country remains devastated. As of April 2002, the
Government of El Salvador has replaced less than one quarter of the
170,000 homes destroyed by the earthquakes. Id. An estimated one half
of all families who lost their homes remain in temporary metal or
plastic shelters. RIC Report.
The Department of State also reports that El Salvador's
infrastructure remains severely damaged. ``More than three-quarters of
the over 1,000 km. of damaged road [sic] needs repair.'' State
Department Report. The earthquakes affected 40 percent of the country's
education and health infrastructure; many of the 2,200 schools, 120
health centers, and 900 public buildings damaged in the earthquakes
have yet to be repaired or replaced. Id. The Service Resource
Information Center reports that, by the beginning of 2002, there had
been little reconstruction in the health sector. The seven most quake-
damaged hospitals were described by health officials as still in a
``critical state,'' and
[[Page 46001]]
work on rebuilding smaller healthcare facilities had only begun. RIC
Report.
El Salvador's reconstruction efforts also have been hindered by
delays in the disbursement of aid needed to rebuild. As of October
2001, El Salvador had received only 39 percent of the $354 million
committed by donors, much of which has been from the United States.
State Department Reportcommendation. While USAID is assisting
reconstruction through a 2-year $110 million program, most of the major
USAID activities did not commence until March 2002. Id.
The Service Resource Information Center reports that El Salvador's
recovery has been further affected by a subsequent drought. Food stocks
were already depleted following the earthquakes, and the drought has
left at least 35,000 subsistence farming families destitute
(approximately 318,000 people). As of April 2002, up to 200,000 people
were still threatened by ``food insecurity.'' UNICEF reported in April
2002 that 34 percent of children in the four eastern departments most
affected by last year's drought suffer from malnutrition, up from 12
percent in 2000. RIC Report. Ongoing housing shortages, damage to
infrastructure, reduction in employment opportunities, and the infancy
of the reconstruction effort render El Salvador temporarily unable to
absorb the return of its nationals. State Department Report.
Based on this review, the Attorney General, after consultation with
appropriate government agencies, finds that the conditions that
prompted designation of El Salvador under the TPS program continue to
be met. 8 U.S.C. 1254a(b)(3)(C). There continues to be a substantial,
but temporary, disruption of living conditions in El Salvador as a
result of environmental disaster, and El Salvador continues to be
unable, temporarily, to handle adequately the return of its nationals.
8 U.S.C. 1254a(b)(1)(B)(i)-(ii). On the basis of these findings, the
Attorney General concludes that the TPS designation for El Salvador
should be extended for an additional 12-month period. 8 U.S.C.
1254a(b)(3)(C).
If I Currently Have TPS Benefits Through the El Salvador TPS
Program, Do I Still Re-Register for TPS?
Yes. If you already have received TPS benefits through the El
Salvador TPS program, your benefits will expire on September 9, 2002.
Accordingly, you must re-register for TPS in order to maintain your
benefits through September 9, 2003. See the following re-registration
instructions. TPS benefits include temporary protection against removal
from the United States, as well as work authorization, during the TPS
designation period and any extension thereof. 8 U.S.C. 1254a(a)(1).
If My Initial El Salvador TPS Application Is Pending, Do I Still
Re-Register for TPS?
Yes. If your initial TPS application is still pending approval, you
must re-register for TPS during the re-registration period in order to
be eligible for this extension. See the following re-registration
instructions.
If I Am Currently Registered for TPS, How Do I Re-Register for an
Extension?
All persons previously granted TPS benefits under the El Salvador
TPS program who wish to maintain such benefits must apply for an
extension by filing (1) a Form I-821, Application for Temporary
Protected Status, without the filing fee; (2) a Form I-765, Application
for Employment Authorization; and (3) two identification photographs
(1\1/2\ inches x 1\1/2\ inches). See the chart below to determine
whether you must submit the one hundred and twenty dollar ($120) filing
fee with the Form I-765. Applicants for an extension of TPS benefits do
not need to be re-fingerprinted and thus need not pay the fifty-dollar
($50) fingerprint fee. Child beneficiaries of TPS who have reached the
age of fourteen (14) but were not previously fingerprinted must pay the
fifty dollar ($50) fingerprint fee with the application for extension.
Submit the completed forms and applicable fee, if any, to the
Service's service center office having jurisdiction over your place of
residence during the 60-day re-registration period that begins
September 9, 2002, and ends November 12, 2002 (inclusive of such end
date). Applications will not be accepted before the re-registration
period begins.
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If Then
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You are applying for an Employment You must complete and file the
Authorization Document until September Form I-765, Application for
9, 2003. Employment Authorization, with
the $120 fee.
You already have an Employment You must complete and file Form
Authorization Document or do not I-765 with no fee.
require such a document.
You are applying for an Employment You must complete and file: (1)
Authorizataion Document and are Form I-765 with no fee and (2)
requesting a fee waiver. a fee waiver request and
affidavit (and any other
information) in accordance
with 8 CFR 244.20.
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How Does an Application for TPS Affect My Application for Asylum or
Other Immigration Benefits?
An application for TPS does not affect an application for asylum or
any other immigration benefit. A national of El Salvador (or alien
having no nationality who last habitually resided in El Salvador) who
is otherwise eligible for TPS and has applied for, or plans to apply
for, asylum, but who has not yet been granted asylum or withholding of
removal, may also apply for TPS. Denial of an application for asylum or
any other immigration benefit does not affect an applicant's ability to
apply for TPS, although the grounds for denying one form of relief may
also be grounds for denying TPS. For example, a person who has been
convicted of a particularly serious crime is not eligible for asylum or
TPS. 8 U.S.C. 1158(b)(2); 8 U.S.C. 1254a(c)(2)(B)(i).
Does This Extension Allow Nationals of El Salvador (or aliens
having no nationality who last habitually resided in El Salvador)
Who Entered the United States After February 13, 2001, To Apply for
TPS?
No. This is a notice of an extension of the TPS designation for El
Salvador, not a notice of redesignation of El Salvador under the TPS
program. An extension of TPS does not change the required dates of
continuous residence and continuous physical presence in the United
States. This extension does not expand TPS availability to those who
are not already TPS class members. To be eligible for benefits under
this extension, Salvadorans (or aliens having no nationality and who
last habitually resided in El Salvador) must have resided continuously
in the United States since February 13, 2001, and must have been
continuously physically present in the United States since March 9,
2001.
[[Page 46002]]
Is Late Initial Registration Possible?
Yes. Some persons may be eligible for late initial registration
under 8 CFR 244.2. To be eligible for late initial registration, an
applicant must:
(1) Be a national of El Salvador (or alien who has no nationality
and who last habitually resided in El Salvador);
(2) Have been continuously physically present in the United States
since
March 9, 2001;
(3) Have continuously resided in the United States since February
13, 2001; and
(4) Be both admissible as an immigrant, except as provided under
section 244(c)(2)(A) of the Act, and not ineligible under section
244(c)(2)(B) of the Act.
Additionally, the applicant must be able to demonstrate that during
the initial registration period from March 9, 2001, through September
9, 2002, he or she:
(1) Was a nonimmigrant or had been granted voluntary departure
status or any relief from removal;
(2) Had an application for change of status, adjustment of status,
asylum, voluntary departure, or any relief from removal or change of
status pending or subject to further review or appeal;
(3) Was a parolee or had a pending request for reparole; or
(4) Was the spouse or child of an alien currently eligible to be a
TPS registrant. 8 CFR 244.2(f)(2).
An applicant for late initial registration must file an application
for late registration within a 60-day period immediately following the
expiration or termination of the conditions described above. 8 CFR
244.2(g).
Why Is the Attorney General Automatically Extending the Validity of
EADs From September 9, 2002, to March 9, 2003?
The Attorney General has decided to extend automatically the
validity of EADs to prevent a lapse in Service-issued employment
authorization documentation for qualified re-registrants during the
time that re-registration applications are processed. Since Because the
initial designation's registration period remains open until September
9, 2002, the Service will continue to receive and process initial TPS
applications until the end of the initial designation period. To
minimize overlapping receipts of both initial registration and re-
registration applications, which are filed on the same forms but have
different documentation and fee requirements, the Attorney General has
elected to open the 60-day re-registration period only after the
initial registration period closes on September 9, 2002. Given the
staggering of initial registration and re-registration periods, and
given the large number of Salvadoran TPS class members who are eligible
for re-registration, re-registrants would receive their new EADs only
after their current EADs have expired. To prevent a gap in employment
authorization documentation for qualified re-registrants, the Attorney
General is extending automatically the validity of the applicable EADs
for a period of 6 months, to March 9, 2003. 8 U.S.C. 1254a(a)(2);
1254a(d)(1)-(2).
Who Is Eligible To Receive an Automatic Extension of His or Her
EAD?
To receive an automatic extension of his or her EAD, an individual
must be a national of El Salvador (or an alien having no nationality
who last habitually resided in El Salvador) who has applied for and
received an EAD under the initial TPS designation for El Salvador. This
automatic extension is limited to EADs bearing an expiration date of
September 9, 2002, and the notation: ``A-12'' or ``C-19'' on the face
of the card under ``Category'' for EADs issued on Form I-766 or
``274A.12(A)(12)'' or 274A.12(C)(19)'' on the face of the card under
``Provision of Law'' for EADs issued on Form I-688B.
TPS applicants who have not yet received their initial or
provisional EAD, including those who apply after the date of this
notice but before the initial registration period closes on September
9, 2002, may receive an EAD that facially expires on September 9, 2002.
Such an EAD is covered by the automatic extension described above, even
though some applicants may receive their EAD only after September 9,
2002.
Must Qualified Individuals Apply to the Service for the Automatic
Extension of Their TPS-related EADs?
No, qualified individuals do not have to apply for this automatic
employment authorization extension to March 9, 2003. However, qualified
individuals must re-register for TPS during the re-registration period
that begins on September 9, 2002, and continues through November 12,
2002, in order to be eligible for a new EAD that is valid until
September 9, 2003.
What Documents May a Qualified Individual Show to His or Her
Employer as Proof of Employment Authorization and Identity When
Completing the Employment Eligibility Verification Form (Form I-9)?
For completion of the Form I-9 at the time of hire or re-
verification, qualified individuals who have received an extension of
employment authorization by virtue of this Federal Register notice may
present to their employer a TPS-related EAD as proof of identity and
employment authorization until March 9, 2003. To minimize confusion
over this extension at the time of hire or re-verification, qualified
individuals may also present to their employer a copy of this Federal
Register notice regarding the automatic extension of employment
authorization documentation to March 9, 2003. In the alternative, any
legally acceptable document or combination of documents listed in List
A, List B, or List C of the Form I-9 may be presented as proof of
identity and employment eligibility; it is the choice of the employee.
How May Employers Determine Which EADs That Have Been Automatically
Extended Through March 9, 2003, Are Acceptable for Completion of
the Form I-9?
For purposes of verifying identity and employment eligibility or
re-verifying employment eligibility on the Form I-9 until March 9,
2003, employers of Salvadoran TPS class members whose employment
authorization has been automatically extended by this notice must
accept an EAD that contains an expiration date of September 9, 2002,
and that bears one of the following notations: ``A-12'' or ``C-19'' on
the face of the card under ``Category'' for EADs issued on Form I-766;
or, ``274A.12(A) (12)'' or ``274A.12(c) (19)'' on the face of the card
under ``Provision of Law'' for EADs issued on Form I-688B. New EADs or
extension stickers showing the March 9, 2003 expiration date will not
be issued.
Employers should not request proof of Salvadoran citizenship.
Employers presented with an EAD that this Federal Register notice has
extended automatically and that appears to be genuine and to relate to
the employee should accept the document as a valid ``List A'' document
and should not ask for additional Form I-9 documentation. This action
by the Attorney General through this Federal Register notice does not
affect the right of an employee to present any legally acceptable
document as proof of identity and eligibility for employment.
[[Page 46003]]
Employers are reminded that the laws prohibiting unfair
immigration-related employment practices remain in full force. For
questions, employers may call the Service's Office of Business Liaison
Employer Hotline at 1-800-357-2099 to speak to a Service
representative. Also, employers may call the Office of Special Counsel
for Immigration Related Unfair Employment Practices (OSC) Employer
Hotline at 1-800-255-8155, or 1-800-362-2735 (TDD). Employees or
applicants may call the OSC Employee Hotline at 1-800-255-7688, or 1-
800-237-2515 (TDD) for information regarding the automatic extension.
Additional information is available on the OSC Web site at http://www.usdoj.gov/crt/osc/index.html.
Notice of Extension of Designation of El Salvador Under the TPS
Program
By the authority vested in me as Attorney General under sections
244(b)(1)(B), (b)(3)(A), and (b)(3)(C) of the Act, I have consulted
with the appropriate government agencies and determine that the
conditions that prompted designation of El Salvador for TPS continue to
be met. 8 U.S.C. 1254a(b)(3)(A). Accordingly, I order as follows:
(1) The designation of El Salvador under section 244(b)(1)(B) of
the Act is extended for an additional 12-month period from September 9,
2002, to September 9, 2003. 8 U.S.C. 1254a(b)(3)(C).
(2) As of June 10, 2002, there are approximately 263,000 nationals
of El Salvador (or aliens having no nationality who last habitually
resided in El Salvador) who have applied for TPS and who are eligible
for re-registration.
(3) To maintain TPS, a national of El Salvador (or an alien having
no nationality who last habitually resided in El Salvador) who received
TPS during the initial designation period must re-register for TPS
during the 60-day re-registration period from September 9, 2002 until
November 12, 2002.
(4) To re-register, the applicant must file the following: (1) Form
I-821, Application for Temporary Protected Status; (2) Form I-765,
Application for Employment Authorization; and (3) two identification
photographs (1\1/2\ inches by 1\1/2\ inches). There is no fee for a
Form I-821 filed as part of the re-registration application. If the
applicant requests employment authorization documentation, he or she
must submit one hundred and twenty dollars ($120) or a properly
documented fee waiver request, pursuant to 8 CFR 244.20, with the Form
I-765. An applicant who does not request employment authorization
documentation must nonetheless file Form I-765 along with Form I-821,
but is not required to submit the fee. The fifty-dollar ($50)
fingerprint fee is required only for children beneficiaries of TPS who
have reached the age of 14 but were not previously fingerprinted.
Failure to re-register without good cause will result in the withdrawal
of TPS. 8 CFR 244.17(c). Some persons who had not previously applied
for TPS may be eligible for late initial registration under 8 CFR
244.2.
(5) At least 60 days before this extension terminates on September
9, 2003, the Attorney General will review the designation of El
Salvador under the TPS program and determine whether the conditions for
designation continue to be met. 8 U.S.C. 1254a(b)(3)(A). Notice of that
determination, including the basis for the determination, will be
published in the Federal Register. 8 U.S.C. 1254a(b)(3)(A).
(6) TPS-related Employment Authorization Documents that expire on
September 9, 2002 are extended automatically until March 9, 2003 for
qualified Salvadorans.
(7) Information concerning the extension of designation of El
Salvador under the TPS program will be available at local Service
offices upon publication of this notice and the Service's National
Customer Service Center at 1-800-375-5283. This information will also
be posted on the Service Web site at
http://www.ins.usdoj.gov.
Dated: July 8, 2002.
John Ashcroft,
Attorney General.
[FR Doc. 02-17479 Filed 7-8-02; 3:48 pm]
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