[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Pages 3053-3054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1634]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1740E-95]
RIN 1115-AC30
Further Extension of Work Authorization for Salvadorans Under
Deferred Enforced Departure (DED)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Immigration and Naturalization Service (``the Service'' or
``INS'') is granting a further automatic extension until April 30,
1996, of the validity of any Employment Authorization Document (EAD or
work permit) bearing an expiration date of December 31, 1994,
previously issued to a Salvadoran on the basis of Deferred Enforced
Departure (DED). The Service is taking this action in order to ensure
an ample opportunity for Salvadoran beneficiaries of DED to apply for a
new EAD based on a pending asylum application.
Salvadoran nationals currently eligible for benefits under the
American Baptist Churches (ABC) settlement agreement must mail an
asylum application to the appropriate INS Service Center by January 31,
1996, if they do not already have one on file, in order to remain
eligible for settlement benefits. Asylum applications will be
considered timely filed if postmarked on or before January 31, 1996.
This notice does not constitute an extension of the ABC asylum
application filing deadline.
EFFECTIVE DATE: January 30, 1996.
FOR FURTHER INFORMATION CONTACT:
Ronald Chirlin, Adjudications Officer, Immigration and Naturalization
Service, Examinations Division, 425 I Street, NW, Room 3214,
Washington, DC 20536, Telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION:
Background
The Service announced on December 6, 1994, that it was
automatically extending work authorization until September 30, 1995,
for Salvadorans covered by the DED program. 59 FR 62751. This extension
allowed Salvadorans covered by DED a transitional period to apply for
work authorization under other immigration law provisions. Almost all
Salvadorans covered by DED are class members of the ``ABC'' lawsuit,
which was settled in 1991. American Baptist Churches v. Thornburgh, 760
F.Supp. 796 (N.D. Cal. 1991). Under the ABC settlement, Salvadoran
class members are entitled to apply for asylum under the old asylum
regulations (promulgated in 1990) and may apply for work authorization
based upon a previously or concurrently filed asylum application.
On July 7, 1995, the Service published in the Federal Register
Special Filing Instructions for ABC Class Members, Form M-426, which
provided instructions to class members regarding the filing of asylum
and employment authorization applications. 60 FR 35424. On July 31,
1995, the Service mailed ABC Notice 5 advising Salvadoran ABC class
members who have never filed an asylum application to do so by January
31, 1996, in order to remain eligible for ABC benefits. In a notice
published September 27, 1995, the Service clarified the ABC Special
Filing Instructions, extended the validity of DED-based work permits
until January 31, 1996, and published the text of Notice 5. 60 FR
49921.
Salvadoran ABC class members who apply for asylum and employment
authorization in the period ending on January 31, 1996, may face a
lapse in their employment authorization, since the processing time for
EAD applications at the Service Centers is approximately 60 to 90 days.
In order to avoid possible interruption of employment authorization for
class members, this Notice extends the validity of Salvadoran DED-based
work permits until April 30, 1996, and reminds Salvadorans with DED
work authorization to file their requests for a new work permit as soon
as possible.
Automatic Extension of Employment Authorization
In order to ensure an ample opportunity for Salvadorans covered by
DED to apply for a new employment authorization document (EAD), the
Service is granting an automatic extension of the validity of their
EADs until April 30, 1996. This automatic extension is limited to EAD
cards which expire on December 31, 1994, and were previously issued to
DED Salvadorans pursuant to 8 CFR 274a.12(a)(11). Salvadorans who need
work
[[Page 3054]]
authorization after April 30, 1996, should file applications for their
new EADs as soon as possible in order to ensure continuous employment
authorization.
Employers of DED Salvadorans
For purposes of verifying or reverifying employment eligibility
until April 30 1996, employers of DED Salvadorans whose employment
authorization is automatically extended may not refuse to accept an EAD
card, Form I-688B, which:
(1) Bears an expiration date of December 31, 1994 (or bears on its
reverse an extension sticker punched for December 1994), and
(2) Contains the notation ``274A.12(A)(11)'' or ``274A.12(A)(12)''
on the face of the card under ``Provision of Law.''
EAD cards or extension stickers showing the automatic April 1996
expiration date will not be issued. Employers should not request proof
of Salvadoran citizenship or any other document, if an automatically
extended EAD card appears genuine and relates to the individual.
Employers are reminded that this action does not affect the right of a
worker to present any other legally acceptable document as proof of
eligibility for employment. Employers are reminded that the law
prohibiting unfair immigration-relate employment practices remain in
full force.
To complete or update the Form I-9, Employment eligibility
Verification, for an employee who presents an automatically extended
EAD card, the employer should include or add the following information
under Section 2 (List A) or Section 3C, as appropriate:
(1) The expiration date of ``12/31/94'' from the EAD card;
(2) The last part of the provision of law, ``(A)(11)'' or
``(A)(12)'', from the face of the EAD card; and
(3) ``Automatic expiration date 4/30/96''.
Obtaining Subsequent Employment Authorization
In order to be eligible for asylum-based work authorization under
the ABC settlement, Salvadoran class members must have an asylum
application on file or must mail a complete Form I-589, Request for
Asylum in the United States, to the appropriate INS Service Center on
or before January 31, 1996. ABC class members should refer to the Form
M-426, Special Filing Instructions for ABC Class Members, for important
information on the procedures for filing their asylum and work
authorization applications. The Special Filing Instructions and the
Form I-855, ABC Change of Address Form, can be obtained at local
district offices or by calling 1-800-755-0777 or 1-800-870-3676 and
requesting an ``ABC packet.''
Although Salvadorans do not have a deadline for filing employment
authorization applications, the Service emphasizes that the
adjudication of the application and issuance of the EAD may take 60 to
90 days not including delays caused by incomplete applications.
Therefore, Salvadoran class members should file their work
authorization applications early enough to allow for issuance and
return of their new work permits before their old ones expire.
ABC Notice 5 and the Asylum Application Filing Deadline for Salvadoran
Class Members
Salvadoran ABC class members who have never filed an asylum
application, including those who did not receive Notice 5, must mail a
complete asylum application by January 31, 1996, in order to remain
eligible for ABC benefits. This asylum filing deadline remains
unchanged. Salvadorans may file an initial asylum application after
January 31, 1996, but they will not be eligible for ABC benefits.
Change of Address Reporting Requirement for ABC Class Members
ABC class members must notify the Service of any change of address
by filing the Form I-855, ABC change of Address Form. Class members
must mail the ABC Change of Address Form, but no other materials, to
the Washington, DC address shown on the form. Class members who have
filed an asylum application with the Service are encouraged also to
send a copy of the ABC Change of Address Form to their local asylum
office.
Dated: January 23, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-1634 Filed 1-29-96; 8:45 am]
BILLING CODE 4410-10-M
