[Federal Register Volume 64, Number 243 (Monday, December 20, 1999)]
[Notices]
[Pages 71151-71153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33011]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 2037-99]
Extension of Work Authorization for Certain Haitians Previously
Granted Deferred Enforced Departure (DED) until September 30, 2000
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Notice.
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SUMMARY: From December 23, 1997, until December 22, 1998, the
Immigration and Naturalization Service (Service) issued Employment
Authorization Documents (EAD) to Haitian nationals on the basis of
Deferred Enforced Departure (DED). By notice in the Federal Register on
December 14, 1998, the Service automatically extended the validity of
those EADs for a period of 1 year, ending December 22, 1999. By this
notice, the Service is granting a further extension of these EADs until
September 30, 2000. This action will provide Haitian nationals who
obtained DED-based EADs an additional 9 months of employment
authorization while they apply for adjustment of status pursuant to
section 902 of the Haitian Refugee Immigration Fairness Act of 1998,
and obtain a new EAD in connection with their application for
adjustment of status. The automatic extension applies to EADs bearing
the notation:
``A-11'' on the face of the card under ``Category'' for
EADs issued on a Form I-766; or
``274A.12(A)(11)'' on the face of the card under
``Provision of Law'' for EADs issued on a Form I-688B.
DATES: This notice is effective December 20, 1999.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Adjudications
Officer, Immigration and Naturalization Service, Adjudications
Division, 425 I Street, NW, Room 3214, Washington, DC 20536, telephone
(202) 514-4754.
SUPPLEMENTARY INFORMATION:
What is the purpose of extending employment authorization to
certain Haitian nationals?
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 Public Law 105-277
contains the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA).
Specifically, section 902 of HRIFA allows certain Haitian nationals to
adjust status to that of a lawful permanent resident. The Attorney
General issued the HRIFA regulations in an interim rule published in
the Federal Register at 64 FR 25756 on May 12, 1999. That rule allows
qualified aliens to submit applications for adjustment of status under
the HRIFA during the period from June 11, 1999, until March 31, 2000.
The employment authorization for Haitian nationals covered by DED
was originally scheduled to expire in December 1998. In order to allow
these aliens to maintain their employment authorization until they
could obtain a new EAD in connection of their DED-related EADs until
December 22, 1999, through a notice in the Federal Register (63 FR
68799 (December 14, 1998)). At the time this notice was published, the
Service anticipated that the HRIFA regulations would have been issued
earlier than May 12, 1999, which is when they were actually issued.
Because of this unanticipated delay, affected aliens had less time to
apply for adjustment of status under HRIFA and receive an EAD based
upon this application before the expiration of their DED-related EAD.
Therefore, the Service has decided to extend the validity of the DED-
related EADs for a second time, until September 30, 2000.
This automatic extension of DED-related EADs will expire on
September 30, 2000. Affected Haitian nationals who will need work
authorization after September 30, 2000, should file an application for
adjustment of status pursuant to HRIFA and related EAD applications as
soon as possible to ensure continuous employment authorization if they
have not already done so. In any event, all applications for adjustment
of status under the HRIFA must be filed by March 31, 2000.
Can an applicant who was eligible for DED under the December 23,
1997, President order still apply for employment authorization if
he or she has not already done so?
No. The grant of DED for certain Haitian nationals expired on
December 22, 1998. Therefore, the Service cannot accept new
applications for DED-related employment authorization under that
program. However, Haitian nationals without employment authorization
who qualify for adjustment of status under the HRIFA may apply
immediately for adjustment of status under HRIFA, and they can also
apply for related employment authorization in connection with a HRIFA
application.
Who is eligible to receive an automatic extension of employment
authorization?
To be eligible for an automatic extension of employment
authorization, an individual must be a national of Haiti who previously
applied for and was issued an EAD under the December 23, 1997,
Presidential order mandating DED for Haitians.
This second automatic extension is limited to EADs bearing the
notation:
[[Page 71152]]
``A-11'' on the face of the card under ``Category'' for
EADs issued on Form I-766; or,
``274A.12(A)(11)'' on the face of the card under
``Provision of Law'' for EADs issued on Form I-688B.
Does a qualified individual have to apply to the Service for an
extension of their DED-related EAD?
No, the extension is automatic. However as discussed below,
qualified individuals are encouraged to retain a copy of this Federal
Register notice for purposes of the employment verification process.
What should an individual do if they have lost their DED-related
EAD?
An individual who has lost his or her DED-related EAD has two
options:
(1) The individual can submit an Application for Employment
Authorization, Form I-765, with $100 fee or fee waiver request, to the
Texas Service Center to obtain a replacement card. Applications for
replacement cards should be mailed to the following address: United
States Immigration and Naturalization Service, Texas Service Center,
P.O. Box 152122, Department A, Irving, Texas 75015-2122; or,
(2) If eligible, the individual can submit an application for
adjustment of status under the HRIFA and the related employment
authorization with the appropriate fee to the Nebraska Service Center.
Both the application for adjustment of status under the HRIFA and the
application for employment authorization should be addressed as
follows: United States Immigration and Naturalization Service, Nebraska
Service Center, P.O. Box 87245, Lincoln, NE 68501-7245. Applicants for
adjustment of status under the HRIFA must file their applications for
adjustment on or before March 31, 2000.
The DED-related replacement EADs are valid until September 30,
2000. The EADs issued on the basis of HRIFA-related applications for
adjustment of status will be valid for 1 year from the date of
approval.
How can eligible Haitian nationals obtain HRIFA-related employment
authorization?
On May 12, 1999, the Attorney General issued an interim rule at 64
FR 25756, implementing section 902 of the 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. The interim rule includes instructions for obtaining
employment authorization based upon a pending HRIFA-based application
for adjustment of status. Qualified Haitian nationals filing as
principal applicants must file for adjustment of status on or before
March 31, 2000.
An applicant for adjustment of status under the HRIFA who wishes to
obtain initial employment authorization, or continued employment
authorization when his or her prior authorization expires during the
pendency of the adjustment of status application, may file an
Application for Employment Authorization (Form I-765) with the Service.
When do beneficiaries of HRIFA have to file an application for new
work authorization?
Qualified Haitian nationals filing as principal applicants must
file an application for adjustment of status under the HRIFA on or
before March 31, 2000. Therefore, applicants are encouraged to submit
their complete HRIFA-related adjustment applications as quickly as
possible. While there is a statutory deadline for HRIFA application for
adjustment of status for principal applicants, there is no deadline to
file for HRIFA-related employment authorization, or for dependents to
file for adjustment. However, the adjudication of an employment
authorization application and issuance of an EAD may take up to 180
days not including the round-trip mailing time. Since the automatic
extension of the DED-related EADs will expire on September 30, 2000,
Haitian DED grantees who apply for adjustment of status under the HRIFA
are encouraged to submit their complete HRIFA-related adjustment
applications and their work authorization applications as soon as
possible, so that they may receive their HRIFA-based EADs before their
DED-related EADs expire.
What documents can 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
reverification, qualified Haitian nationals who have received an
extension of employment authorization by virtue of this Federal
Register notice can present to their employer their DED-related EAD as
proof of valid employment authorization and identity until September
30, 2000. 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 this Federal Register notice regarding the
extension of employment authorization to September 30, 2000. In the
alternative to presenting a DED-related EAD, 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 can employers determine which EADs that have been automatically
extended through September 30, 2000, 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 September 30,
2000, employers of DED Haitian nationals whose employment authorization
has been automatically extended by this notice must accept an EAD that
bears the notation:
``A-11'' on the face of the card under ``Category'' for
EADs issued on Form I-766; or,
``274A.12(A)(11)'' on the face of the card under
``Provision of Law'' for EADs issued on Form I-688B.
New EADs or extension stickers showing the automatic September 30,
2000, expiration date will not be issued. Employers should not request
proof of Haitian citizenship. Employers presented with an EAD that has
been extended by this Federal Register notice 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 I-9
documentation. This action by the Service through this notice in 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. 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 about the automatic extension.
[[Page 71153]]
How should employers fill-out the Form I-9 if an employee presents,
at the time of hire or re-verification, an EAD that has been
extended by this Federal Register notice?
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 (in List A) or Section
3 of the Form I-9, as appropriate:
(1) Record the document identification information of the EAD; and
(2) Record September 30, 2000, for the document expiration date.
If the employee presents a copy of this Federal Register notice,
the employer should note on Form I-9 his or her review of this
document.
Dated: December 16, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-33011 Filed 12-16-99; 12:30 pm]
BILLING CODE 4410-10-M
