[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Notices]
[Pages 68799-68800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33159]
[[Page 68799]]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1966-98]
Extension of Work Authorization for Certain Haitians Previously
Granted Deferred Enforced Departure (DED)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: Since December 23, 1997, the Immigration and Naturalization
Service (Service) has granted an Employment Authorization Document
(EAD) to Haitian nationals on the basis of Deferred Enforced Department
(DED); those EADs bear an expiration date of December 22, 1998, and the
notation ``274A.12(A)(11).'' By this notice, the Service is granting an
automatic extension until December 22, 1999, of the validity of those
EADs issued to Haitian DED beneficiaries. This action will provide
ample opportunity for Haitian beneficiaries of DED to apply for
adjustment of status to that of permanent resident pursuant to section
902 of the Haitian Refugee Immigration Fairness Act of 1998, allowing
them to maintain their employment eligibility until they are able to
apply for a new EAD in connection with their application for adjustment
of status.
DATES: This notice is effective December 14, 1998.
FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Immigration and Naturalization Service, Adjudications
Division, 425 I Street, NW., Room 3214, Washington, DC 20536, Telephone
(202) 514-3228.
SUPPLEMENTARY INFORMATION:
What is the Purpose of Extending Employment Authorization to
Certain Haitians?
On December 23, 1997, the President ordered the Attorney General to
grant DED for 1 year to certain Haitian nationals. On October 21, 1998,
the President signed into law the Fiscal Year 1999 Omnibus
Appropriations Act, Public Law 105-277. Title IX of Pub. L. 105-277
contains the Hatitian Refugee Immigration Fairness Act of 1998 (HRIFA).
Specifically, section 902 HRIFA allows certain Haitian nationals to
adjust status to that of a lawful permanent resident. In order to
provide ample opportunity for Haitian nationals covered by DED to file
for a new Employment Authorization Document (EAD) based upon an
application for adjustment of status under HRIFA, the Service is
granting an automatic extension until December 22, 1999, of the
validity of their EADs. This automatic extension is limited to those
EAD cards which bear an expiration date of December 22, 1998, and were
previously issued to DED Haitians pursuant to 8 CFR 274a.12(a)(11).
Affected Haitians who will need work authorization after December 22,
1999, should file applications for adjustement of status and HRIFA-
based employment authorization as soon as interim regulations
implementing HRIFA are published to ensure continuous employment
authorization.
Who is Eligible To Receive an Automatic Extension of Employment
Authorization?
To be eligible for an automatic extension of employment
authorization, and individual must be a national of Haiti who
previously applied for and was granted employment authorization under
the December 23, 1997, Presidential order mandating DED for Haitians.
How Will Qualified Individuals be Notified?
Individuals will be notified that their EAD has been automatically
extended by:
(1) The Federal Register notice, and
(2) A letter mailed to the individual's last known address.
Does a Qualified Individual Have to Apply to the Service for an
Extenstion of Employment Authorization?
No, the extension is automatic. A qualified individual will be
notified of the extension by a letter, which will be mailed to the
individuals' last known address on file with the Service.
What Should an Individual Do if They Have Lost Their DED-Related
EAD?
An individual who has lost his or her DED-related EAD should submit
an Application for Employment Authorization, Form I-765, with fee to
the Texas Service Center to obtain a replacement card. Applications
should be addressed as follows: United States Immigration and
Naturalization Service, Texas Service Center, P.O. Box 851041,
Mesquite, Texas 75185-1041.
Can an Applicant Who is Eligible for DED Under the December 23,
1997, Presidential Order Still Apply if He or She has not Already
Done So?
Yes. As long as the individuals is eligible to apply for an EAD
under the original grant of DED, he or she may apply for DED-related
employment authorization provided that such an application is received
by the Texas Service Center on or before December 22, 1998, the last
day covered by the Presidential order. Applications for DED-related
employment authorization received after December 22, 1998, will be
rejected.
What Documents Should an Individual Show to His or Her Employer as
Proof of Employment Authorization 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 Haitian nationals who have received an
extension of employment authorization by virtue of this Federal
Register notice can present to their employer their EAD as proof of
valid employment authorization and identity. To minimize confusion over
this extension at the time of hire or re-verification, qualified
Haitian nationals may also present to their employer a copy of either
this Federal Register notice regarding the extension of employment
authorization to December 22, 1999, or the letter that will be mailed
to the last known address of qualified Haitian nationals.
How can Employers Determine Which Employees Have an Additional Year
of Employment Authorization?
For purposes of verifying identity and employment eligibility or
re-verifying employment eligibility on the Form I-9 until December 22,
1999, employers of DED Haitians whose employment authorization is
automatically extended must accept an EAD card which:
(1) Bears an expiration date of December 22, 1998; and
(2) Contains the notation ``274A.12(A)(11)'' on the face of the
card under ``Provision of Law.''
The EAD cards or extension stickers showing the automatic December
22, 1999, expiration date will not be issued. Qualified Haitian
nationals will be sent a letter to their last known address. Employers
should not request proof of Haitian citizenship or any other document
if the documentation presented by the employee satisfied the I-9
requirements and appears to be genuine and to relate to the employee.
This action by the Service through this notice of the Federal Register
does not affect the right of an employee to present any legally
acceptable document as proof of identity and eligibility for
employment. Employers are reminded that the laws prohibiting unfair
immigration-related employment practices remain in full force.
Employers may call the Service's Office of Business Liaison employer
hotline at 1-800-357-2099 to speak to a Service representative about
this Notice.
[[Page 68800]]
Employers can also call the Office of Special Counsel for Immigration
Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-
255-8155. Employees or applicants can call the OSC Employee Hotline at
1-800-255-7688.
How Should Employers Fill-out the Form I-9?
To complete the Form I-9 at the time of hire or re-verification for
an employee who presents an EAD card that has been automatically
extended by this Federal Register notice, the employer should include
or add the following information under Section 2 (List A) or Section 3
of the Form I-9, as appropriate:
(1) Record the document identification information of the EAD; and
(2) Record December 22, 1999 for the document expiration date.
If the employee presents the mailed letter or a copy of this
Federal Register notice, the employer should note on Form I-9 his or
her review of these documents.
What is the First Step in Obtaining Subsequent Employment
Authorization?
The Service will soon issue an interim rule which implements
section 902 of HRIFA by establishing procedures for certain nationals
of Haiti who have been residing in the United States to apply for
lawful permanent resident status in this country. Instructions for
obtaining employment authorization based upon HRIFA will be included in
these procedures. In accordance with HRIFA, the interim rule will allow
eligible aliens to obtain lawful permanent resident status without
applying for an immigrant visa at a United States consulate abroad and
will waive many of the usual requirements for this benefit.
Who is Eligible for Benefits Under HRIFA?
In order to be eligible for benefits under HRIFA, an applicant must
be a national of Haiti who was present in the United States on December
31, 1995, and who was physically present in the United States for a
continuous period beginning not later than December 31, 1995, and
ending not earlier than the date the application for adjustment of
status is filed (not counting absences totaling 180 days or less). The
applicant must fall within one of the five classes of persons described
in section 902(b)(1) of HRIFA. Those five classes are:
(1) Haitian nationals who filed for asylum before December 31,
1995,
(2) Haitian nationals who were paroled into the United States prior
to December 31, 1998, after having been identified as having a credible
fear of persecution, or paroled for emergent reasons or reasons deemed
strictly in the public interest,
(3) Haitian national children who arrived in the United States
without parents and have remained without parents in the United States
since arrival,
(4) Haitian national children who became orphaned subsequent to
arrival in the United States; and
(5) Haitian national children who were abandoned by their parents
or guardians prior to April 1, 1998, and have remained abandoned since
such abandonment.
For the last three of these classes, the applicant must have been a
child at the time of his or her arrival in the United States and on
December 31, 1995, but not necessarily at the time of his or her
adjustment of status. In addition, the spouse, child, or unmarried son
or daughter of an alien whose status is adjusted pursuant to HRIFA may
be eligible to adjust under HRIFA themselves.
When do Beneficiaries of HRIFA Benefits Have To File an Application
for New Work Authorization?
Once the HRIFA regulations are promulgated, HRIFA beneficiaries
will not be under a deadline to file an application for a new
Employment Authorization Document. However, the Service emphasizes that
the adjudication of an employment authorization application and
issuance of an EAD may take up to 90 days not including the round-trip
mailing time. Incomplete applications will be returned requiring
additional time. Therefore, Haitian DED grantees who apply for
adjustment of status under HRIFA should file their work authorization
applications as soon as possible in order to receive their HRIFA-based
EADs before December 22, 1999, when this automatic extension of
employment authorization expires.
Dated: December 9, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-33159 Filed 12-10-98; 8:45 am]
BILLING CODE 4410-10-M
