July 9, 2002
Department of Justice Extension of Temporary
Protected Status for Eligible El Salvadorans
- Attorney General Ashcroft is extending the validity of the relevant Employment Authorization Documents (EADs) to prevent gaps in employment authorization for qualified re-registrants, until March 9, 2003. 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 recognizes that many re-registrants will not receive their new EADs until after their current EADs expire on September 9, 2002. The applicable EADs will be automatically extended for six months.
- This automatic extension of employment authorization documentation is limited to those individuals who qualify. Individuals with 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. For completion of the Form I-9 at the time of hire or re-verification, qualified individuals 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 the Federal Register notice dated XXX referencing the automatic
extension of employment authorization documentation until March 9, 2003.
- 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. Employees or applicants may call the OSC
Employee Hotline at 1-800-255-7688 for information regarding the automatic
extension.
- Salvadorans
currently registered under TPS who desire an extension must re-register by
filing both the TPS application (Form I-821) and an application for employment
authorization (Form I-765) with the appropriate INS Service Center.
In addition to the aforesaid documents, two identification
photographs (1 ˝” x 1 ˝”) must be included as well. For re-registration, there is no fee
for Form I-821. However, a $120
fee must accompany Form I-765 if an applicant requests documentation of
employment authorization. If the applicant does not require
employment authorization documentation, Form I-765 is still required but
no fee is necessary. These
forms are available from the toll-free INS Forms line, 1-800-870-3676, and
from the INS Web site, www.ins.gov.
- An
applicant may request a waiver of TPS-related application fees in
accordance with the regulations. Applicants for an extension of TPS
benefits do not need to submit new fingerprints and, therefore, do not
need to submit a $50 fee. Children
who are beneficiaries of TPS and who have reached the age of 14, but who
were not previously fingerprinted, must pay the $50 fingerprint fee with
their application for extension.
Furthermore, attesting in part 1 of the Form I-821 to the continued
maintenance of the conditions of eligibility will generally preclude the
need for supporting documents or evidence. INS, however, reserves the right to request additional information
and/or documentation on a case-by-case basis.
- Some
individuals may be eligible for late initial registration.
To qualify, applicants must meet the original continuous physical
presence and residency requirements of the initial registration period and
they must demonstrate that during the initial registration period they:
- Were in a
valid nonimmigrant status, or had been granted voluntary departure or other
relief from removal;
-
Had an
application for change of status, adjustment of status, asylum, voluntary
departure or other relief from removal pending or subject to further review or
appeal; or
-
Were a
parolee or had a pending request for reparole;
- An applicant for late initial registration must register within a 60-day period immediately following the expiration or termination of the conditions described above. A spouse or child of an alien currently registered for TPS may apply for late initial registration at any time if he or she is otherwise eligible and `was so at the time of the initial registration period.
- A
late initial registrant must file a complete application package,
including supporting documentation and all applicable fees, in accordance
with the regulations. In addition to the requirements
described above for re-registration under the extension, a late initial
registrant must submit a $50 fee with Form I-821 and, if 14 years of age
or older, a $50 fingerprint fee.
These forms are available from the toll-free INS Forms line,
1-800-870-3676, or from the INS Web site, www.ins.gov.
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