DHS Extends Temporary Protected Status for Hondurans and Nicaraguans

By Shin-I Lowe

Employment Authorization CardThe Department of Homeland Security (DHS) has announced an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013. Eligible applicants must re-register during the 60-day re-registration period that runs from November 4, 2011 through January 5, 2012.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Honduran and Nicaraguan TPS beneficiaries who timely re-register will receive a new EAD with an expiration date of July 5, 2013. U.S. Citizenship and Immigration Services (USCIS) recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS Honduras EAD bearing a January 6, 2012, expiration date for an additional six months, through July 5, 2012.

TPS is a temporary immigration status that allows eligible individuals to remain and legally work in the United States for a set time period. Information from DHS about completing an Application for Temporary Protected Status and other requirements relating to TPS are available at the TPS landing page.

Obama Orders 18-Month Extension of Deferred Enforced Departure for Liberians

On August 16, 2011, President Obama issued a memorandum extending the September 30, 2011 expiration of Deferred Enforced Departure (DED) applicable to Liberians. The memorandum’s effect is to defer for 18 months the removal of any Liberian national, or person without nationality who last habitually resided in Liberia, who is present in the United States and who is under a grant of DED as of September 30, 2011.

Following the President’s action, U.S. Citizenship and Immigration Services (USCIS) announced a 6-month extension, through March 31, 2012, of employment authorization for qualifying Liberian nationals covered under DED. Qualifying individuals will be permitted to continue working as they file applications for new Employment Authorization Documents (EADs), which will cover the full 18 months of the DED extension.

Not all Liberians qualify under DED; for example:

  • Liberians without Temporary Protected Status (TPS) on Sept. 30, 2007 are not covered under the current DED;
  • certain criminals;
  • persons subject to the mandatory bars to TPS; and
  • other ineligible persons described in President Obama’s memorandum.

USCIS will publish in the Federal Register a notice with instructions on obtaining employment authorization for the remainder of the DED extension.

USCIS Issues Final Rule on Form I-9 Documents

On April 15, 2011, United States Citizenship and Immigration Services (USCIS) published a final rule (pdf), effective May 16, 2011, governing the types of acceptable identity and employment authorization documents and receipts that an employee may present to an employer when completing Form I-9. The final rule adopts without change an interim rule (pdf) that was published on December 17, 2008, and has been in effect since April 3, 2009.

As noted in the Questions and Answers posted to the USCIS website, the final rule:

  • prohibits employers from accepting expired documents; and
  • makes the following changes to the List of Acceptable Documents (“List A”):
    • Eliminates: identity and employment authorization documentation Forms I-688, I-688A, and I-688B (Temporary Resident Card and outdated employment authorization cards).
    • Adds: foreign passports containing temporary I-551 printed notations on certain machine-readable immigrant visas.
    • Adds as evidence of identity and employment authorization: valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of Marshall Islands (RMI); Forms I-94 or I-94A indicating nonimmigrant admission under the Compact of Free Association between the United States and FSM or RMI.

Because the final rule makes no changes to the interim rule, USCIS will not be issuing a new Form I-9. Employers may continue to use the current Form I-9 (Rev. 08/07/2009) or the prior version (Rev. 02/02/2009).

USCIS to Issue Employment Authorization and Advance Parole Cards for Adjustment of Status Applicants

Employment Authorization CardUnited States Citizenship and Immigration Services (USCIS) announced that it has begun issuing employment and travel authorization on a single card for certain applicants filing a Form I-485, Application to Register Permanent Residence or Adjust Status. This new card replaces the paper Advance Parole documents formerly issued to such applicants and offers increased security and durability. The card serves to verify a cardholder’s legal work status in the United States; specifically, employers may use the card as a List A document when completing a Form I-9. Additionally, cardholders can travel abroad and return to the United States without abandoning their pending adjustment application. Cardholders must present the card to request parole through the U.S. port of entry, at which point immigration officials will determine whether to grant parole (i.e., individuals who were unlawfully present in the United States may be denied re-admission).

E-Verify Self Check Program to Launch on March 18, Allowing Individuals to Independently Verify Their Work Authorization Status

The Department of Homeland Security (DHS) has announced that, on March 18, 2011, it will launch the E-Verify Self Check Program, a secure web portal that allows an individual to verify his or her work authorization status. Previously, only employers could conduct E-Verify checks, and, in the event of a possible mismatch, the prospective employee needed to resolve the matter, thereby delaying his or her possible hire and/or start date. The Self Check Program will allow individuals to correct any identity information errors that the E-Verify system might contain, thereby “provid[ing] a vehicle for an individual to proactively check work authorization status prior to the employer conducting the E-Verify inquiry.”

The Self Check program is a two-stage process: Stage 1 requires users to verify their identities; Stage 2 examines whether the individual is legally authorized to work in the United States.
 

Stage 1: Identity Authentication

Self Check participants must first verify their identity, which is accomplished by answering between two and four “knowledge-based questions” built on information collected by third party Identity Proofing (IdP) services. The information, collected from financial institutions, public records, and other service providers, will include, e.g., the individual’s commercial transaction history, mortgage payments, or past addresses.

In the event insufficient identity verification sources exist, users cannot proceed to Stage 2. U.S. Citizenship and Immigration Services (USCIS) will receive notice that insufficient information exists, but no other information. Moreover, the agency will compile statistics on users’ inability to complete verification based on insufficient identity data.

If sufficient information exists but a user provides incorrect responses, he or she will “fail” and not advance to Stage 2. Again, USCIS will be alerted, but will not receive specific information relating to the failure, e.g., chosen responses. The information received will be used to generate statistics on failed attempts. Moreover, in the event of multiple attempts to authenticate an individual, the DHS contract authorizes the IdP to notify the information provider of potential fraud and to terminate access to E-Verify Self Check.

However, if sufficient information exists and the user provides correct responses, the user will “pass” and progress to Stage 2.

Stage 2: Confirmation of Work Authorization Status

In Stage 2, the user will be required to enter additional information based on documentation he or she would present to an employer during the Form I–9 process, which could include: citizenship status; Alien Number (if non-citizen); passport number; Form I– 94 number; and/or lawful permanent resident card or work authorization document (EAD) number. If the information provided matches information contained in federal databases (Social Security Administration, DHS, Department of State), ‘‘work authorization confirmed’’ will be displayed. However, if the information does not match, the screen will display “Possible mismatch with SSA/Immigration Information” and provide the user information on how to request correction of potential errors in database records.

Resolving Mismatches

If a mismatch occurs and the individual opts not to resolve it, E-Verify will close the case. However, if the user wants to resolve a Social Security mismatch, a form will be generated and detailed instructions provided on how to resolve the mismatch. For an immigration information mismatch, the program provides instructions on contacting E-Verify customer service to resolve the matter; contact must be made within 72 hours of the initial query. If the representative is unable to correct the record, the individual will be advised of further actions necessary to correct the error.

Establishing Work Authorization Without Identity Confirmation

If an individual is unable to authenticate through the IdP but wants to determine work authorization status prior to hire, USCIS will provide information on how to visit a Social Security Administration field office, access Social Security yearly statements, call USCIS, or submit a Freedom of Information Act/ Privacy Act request to access work authorization records. The individual will also be advised to check the information at the various credit bureaus and through a free credit check website.

United Kingdom: New Identification Cards for British, Swiss and EEA Nationals

The United Kingdom’s Identity and Passport Service (IPS) has introduced two new voluntary identification cards: 

  • a national identification card for British nationals; and
  • an identification card for European Economic Area (EEA) and Swiss nationals.

The national identification card will only be issued to British citizens. Job applicants may present the card to employers for identification and work authorization verification purposes, in lieu of presenting either: (1) a passport, or (2) a birth certificate and a document containing a National Insurance number. Similarly, an identification card issued to EEA and Swiss nationals (and, in extraordinary cases, to British nationals) can be presented in lieu of a job applicant’s national passport or identity card.

However, some EEA nationals from the European Union’s 10 “accession states” have no automatic right to work in the UK and employers must also check whether those applicants:

  • have registered with the Home Office (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia);
  • have been granted a work authorization (Bulgaria and Romania); or
  • are exempt from the accession regulations’ requirements.

The two IPS-issued cards are not the same as the compulsory identity card for foreign nationals (ICFN), which the UK Border Agency is introducing for a range of categories of migrants from outside the EEA. The ICFN can also be used as evidence of the holder's right (or lack of a right) to work in the UK.

Image credit: Zscout370

USCIS Issues Memo Regarding Processing Delays for Employment Authorization Documents

U.S. Citizenship and Immigration Services (USCIS) Acting Director Michael Aytes issued a memorandum [PDF] responding to the CIS Ombudsman’s recommendations regarding processing delays for Employment Authorization Documents (EADs).  The CIS Ombudsman had recommended that USCIS:

• Adhere to regulations that state USCIS shall issue EADs within 90 days, or issue interim EADs to prevent unnecessary loss of employment;

• Expeditiously provide information to the public stating the cause of EAD processing delays and how the delays will be addressed;

• Provide consistent guidance to the public regarding EADs pending more than 90 days; and

• Reconsider Ombudsman recommendation FR2006-25 to issue multi-year EADs.

 

In his memo, prior to responding to each recommendation in detail, Aytes states: 

“We acknowledge that, unfortunately, there is a small percentage of applicants whose cases are not adjudicated timely, and we understand that this imposes a significant burden on them, but we respectfully disagree with the perception that EAD processing, as a whole, is a significant issue.”