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अमेरिकि सरकारद्वारा अमेरिकामा रहेका नेपालीलाई १८ महिनाको Temporary Protected Status (TPS) 'अस्थाई सुरक्षा ब्यबस्था (टिपिएस)' सुबिधा प्रदान गरिएको औपचारिक घोसणा

 न्यू योर्क- अमेरिकि सरकारद्वारा अमेरिकामा रहेका नेपालीलाई १८ महिनाको Temporary Protected Status (TPS) 'अस्थाई सुरक्षा ब्यबस्था (टिपिएस)' सुबिधा प्रदान गरिएको औपचारिक घोशणा गरिएको छ । डिपार्ट्मेण्ट अफ होम्ल्याण्ड सेक्यूरिटीले जुन २४ तारिख जारी गरेको प्रेस बक्तब्यअनुसार जुन २४, २०१५ सम्म अमेरिकामा रहेका नेपाली र पछिल्लो पटक नेपालमा बिना कुनै देशको नागरिकता बेगर बसोबास गरेका अमेरिकामा रहेका नागरिक, जसले अमेरिकि सरकारको आप्रबासी र राश्टृयता बिधेयक INA section 244(c)(2) अन्तर्गतको बिधिभित्र (यो लिङ्कमा गएर ति क्राईटेरियाबारे हेर्न सकिन्छ: http://www.uscis.gov/) आफ्नो बैधता पुरा गर्दछ, टिपिएस सुबिधा पाउन यसै बर्शको डिसेम्बर २१ भित्र निबेदन दिनु दिनु पर्ने अन्तिम मिति तोकेको छ । निबेदन लिखित रुपमै भरेर पोस्ट गरी पठाउनु पर्ने हुन्छ तर ति निबेदन फर्महरु अनलाईनको यो http://www.uscis.gov/i-821लिङ्कमा गएरडाउनलोड गर्न सकिन्छ । १४ बर्ष मुनि र ६५ बर्षभन्दामाथि बाहेक अरु सबै उमेरका निबेदककालागि प्रारम्भिक निबेदन Form I-821 फाइलिङ फि $ ५० र बायोमेटृक सर्भिसकोलागि $ ८५ अमेरिकि डलर लाग्दछ । काम गर्ने वोर्क अथोराइजेसन परमिट EAD I-765 फाईलिङ फि $ ३८० तिर्नु पर्दछ । होमल्याण्ड सेक्यूरिटीको उक्त प्रेस बक्तब्यअनुसार अमेरिकामा बिना कानूनी बैध्यता रहेका अनुमानित १० हजारदेखि २५ हजार नेपालीहरुले टिपिएस सुबिधा पाउने अनुमान
गरिएको छ ।
Read updated news: http://www.usnepalonline.com/usa/us-gov-officially-granted-tps-to-nepalese-is-usa-june-24-2015.html
अमेरिकामा भिसा एक्स्पायर भएर लामो समयदेखि बिना कानूनी कागजात बसोबास गरिरहेका दशौं हजार नेपालीहरुले अन्तत: अमेरिकि सरकारको आप्रबासी तथा राश्टृयता एक्टको सेक्सन २४४ (बि) अन्तर्गतको Temporary Protected Status (TPS) अस्थाई सुरक्षा ब्यबस्था (टिपिएस) पाउने भएकाछन् । यो स्टाटस ठूल्ठूला प्राकृतिक संहार र गृहयुद्द भएका मुलुकका अमेरिकामा बिना बैधानिक कागजपत्र रहेका नागरिकलाई दिईने बिशेश सुबिधा हो । टिपिएस ब्याबस्थाले नेपालमा गत अप्रिल २५ तारिख गएको महाभूकम्पपछि प्राकृतिक महाबिपत्ती ब्यहोरी रहेको नेपालमा अमेरिकाबाट बिना बैधानिक कागजपत्र बसोबास गरिरहेका नेपालीहरुलाई जबर्स्जस्ती डिपोर्टेशन (फर्काउने) प्रकृया स्थगित गर्न, वोर्क परमित पाउन र नेपाल फर्किन ट्राभल डकुमेण्ट प्राप्त गर्ने सुबिधा मिल्दछ ।

WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice published today provides details and procedures for applying for TPS.
The TPS designation for Nepal is effective today, June 24, 2015, and will be in effect through December 24, 2016. The designation means that, during the designated period, eligible nationals of Nepal (and people without nationality who last habitually resided in Nepal) will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period begins June 24, 2015 and runs through December 21, 2015.
To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since June 24, 2015. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described in theFederal Register notices and on the TPS Web page at www.uscis.gov/tps.
Applicants may request that USCIS waive any or all TPS-related fees based on inability to pay by filing Form I-912, Request for Fee Waiver, or by submitting a written request. Fee-waiver requests must be accompanied by supporting documentation. USCIS will reject any TPS application that does not include the required filing fee or a properly documented fee-waiver request. All USCIS forms are free. Applicants can download these forms from the USCIS website at www.uscis.gov/forms or request them by calling USCIS toll-free at 1-800-870-3676.
Applicants seeking information about the status of their individual cases can check My Case Status Online or call the USCIS National Customer Service Center at 1-800-375-5283 (TTY 1-800-767-1833) at no cost.
For more information about USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon.

[Federal Register Volume 80, Number 121 (Wednesday, June 24, 2015)]
[Notices]
[Pages 36346-36350]
From the Federal Register Online via the Government
Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15576]


================================

DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2568-15; DHS Docket No. USCIS-2015-0003]
RIN 1615-ZB39


Designation of Nepal for Temporary Protected Status

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Through this Notice, the Department of Homeland Security (DHS) 
announces that the Secretary of Homeland Security (Secretary) has 
designated Nepal for Temporary Protected Status (TPS) for a period of 
18 months, effective June 24, 2015 through December 24, 2016. Under 
section 244(b)(1)(B) of the Immigration and Nationality Act (INA), 8 
U.S.C. 1254a(b)(1)(B), the Secretary is authorized to designate a 
foreign state (or any part thereof) for TPS upon finding that the 
foreign state has experienced an earthquake resulting in a substantial, 
but temporary, disruption of living conditions.
    This designation allows eligible Nepalese nationals (and aliens 
having no nationality who last habitually resided in Nepal) who have 
continuously resided in the United States since June 24, 2015, and have 
been continuously physically present in the United States since June 
24, 2015 to be granted TPS. This Notice also describes the other 
eligibility criteria applicants must meet.
    Individuals who believe they may qualify for TPS under this 
designation may apply within the 180-day registration period that 
begins on June 24, 2015 and ends on December 21, 2015. They may also 
apply for Employment Authorization Documents (EAD) and for travel 
authorization. Through this Notice, DHS also sets forth the procedures 
for nationals of Nepal (or aliens having no nationality who last 
habitually resided in Nepal) to apply for TPS, EADs, and travel 
authorization with U.S. Citizenship and Immigration Services (USCIS).

DATES: This designation of Nepal for TPS is effective on June 24, 2015 
and will remain in effect through December 24, 2016. The 180-day 
registration period for eligible individuals to submit TPS applications 
begins June 24, 2015, and will remain in effect through December 21, 
2015.

FOR FURTHER INFORMATION CONTACT: 
     For further information on TPS, including guidance on the 
application process and additional information on eligibility, please 
visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find 
specific information about this designation of Nepal for TPS by 
selecting ``TPS Designated Country: Nepal'' from the menu on the left 
of the TPS Web page.
     You can also contact the TPS Operations Program Manager at 
the Family and Status Branch, Service Center Operations Directorate, 
U.S. Citizenship and Immigration Services, Department of Homeland 
Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by 
phone at (202) 272-1533 (this is not a toll-free number). Note: The 
phone number provided here is solely for questions regarding this TPS 
Notice. It is not for individual case status inquires.
     Applicants seeking information about the status of their 
individual cases can check Case Status Online, available at the USCIS 
Web site at http://www.uscis.gov, or call the USCIS National Customer 
Service Center at 800-375-5283 (TTY 800-767-1833).
     Further information will also be available at local USCIS 
offices upon publication of this Notice.

SUPPLEMENTARY INFORMATION:

Table of Abbreviations

BIA--Board of Immigration Appeals
DHS--Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Nonconfirmation
Government--U.S. Government
IJ--Immigration Judge
INA--Immigration and Nationality Act
OSC--U.S. Department of Justice, Office of Special Counsel for 
Immigration-Related Unfair Employment Practices
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Nonconfirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services

What is Temporary Protected Status (TPS)?

     TPS is a temporary immigration status granted to 
eligible nationals of a country designated for TPS under the INA, or 
to eligible persons without nationality who last habitually resided 
in the designated country.
     During the TPS designation period, TPS beneficiaries 
are eligible to remain in the United States, may not be removed, and 
are authorized to work and to obtain EADs, so long as they continue 
to meet the requirements of TPS.
     TPS beneficiaries may be granted travel authorization 
as a matter of discretion.
     The granting of TPS does not result in or lead to 
lawful permanent resident status.
     To qualify for TPS, beneficiaries must meet the 
eligibility standards at INA section 244(c)(2).
     When the Secretary terminates a country's TPS 
designation through a separate Federal Register notice, 
beneficiaries return to the same immigration status they maintained 
before TPS, if any (unless that status has since expired or been 
terminated), or to any other lawfully obtained immigration status 
they received while registered for TPS.

What authority does the Secretary have to designate Nepal for TPS?

    Section 244(b)(1) of the INA, 8 U.S.C. 1254a(b)(1), authorizes the 
Secretary,

[[Page 36347]]

after consultation with appropriate U.S. Government (Government) 
agencies, to designate a foreign state (or part thereof) for TPS if the 
Secretary finds that certain country conditions exist.\1\ The Secretary 
can designate a foreign state for TPS if the Secretary determines that 
one or more of three bases exist. One basis is if the Secretary finds 
that ``. . . (i) there has been an earthquake, flood, drought, 
epidemic, or other environmental disaster in the state resulting in a 
substantial, but temporary, disruption of living conditions in the area 
affected, (ii) the foreign state is unable, temporarily, to handle 
adequately the return to the state of aliens who are nationals of the 
state, and (iii) the foreign state officially has requested designation 
for TPS. . . .'' INA section 244(b)(1)(B), 8 U.S.C. 1254a(b)(1)(B).
---------------------------------------------------------------------------

    \1\ As of March 1, 2003, in accordance with section 1517 of 
title XV of the Homeland Security Act of 2002, Public Law 107-296, 
116 Stat. 2135, any reference to the Attorney General in a provision 
of the INA describing functions transferred from the Department of 
Justice to DHS ``shall be deemed to refer to the Secretary'' of 
Homeland Security. See 6 U.S.C. 557 (codifying the Homeland Security 
Act of 2002, tit. XV, section 1517).
---------------------------------------------------------------------------

    Following the designation of a foreign state for TPS, the Secretary 
may then grant TPS to eligible nationals of that foreign state (or 
eligible aliens having no nationality who last habitually resided in 
that state). See INA section 244(a)(1)(A), 8 U.S.C. 1254a(a)(1)(A). 
Applicants must demonstrate that they satisfy all eligibility criteria, 
including that they have been ``continuously physically present'' in 
the United States since the effective date of the designation, which is 
either the date of the Federal Register Notice announcing the 
designation or such later date as the Secretary may determine, and that 
they have ``continuously resided'' in the United States since such date 
as the Secretary may designate. See INA sections 244(a)(1)(A), 
(b)(2)(A), (c)(1)(A)(i-ii); 8 U.S.C. 1254a(a)(1)(A), (b)(2)(A), 
(c)(1)(A)(i-ii).

Why is the Secretary designating Nepal for TPS through December 24, 
2016?

    On April 25, 2015, a magnitude 7.8 earthquake struck Nepal. The 
earthquake's epicenter was less than 50 miles from the capital city, 
Kathmandu, and Pokhara, another major city in central Nepal. 
Approximately 25 to 33 percent of Nepal's population (over 8 million 
people) in 39 of Nepal's 75 districts has been affected by the 
earthquake. There have been numerous aftershocks since the April 25 
earthquake, with the strongest striking on May 12 and measuring 
magnitude 7.3. The May 12 aftershock contributed to additional 
casualties and resulted in the collapse of some buildings that had 
suffered damage in the April 25 earthquake. The earthquake and its 
aftershocks have caused over 8,700 fatalities and more than 20,000 
injuries, displaced millions of people, and resulted in destruction or 
significant damage to over 750,000 homes. The UN estimates 2.8 million 
people are in need of humanitarian assistance.
    The earthquake severely damaged much of the country's 
infrastructure in the affected areas, including the capital of 
Kathmandu. Earthquake-related rubble litters urban population centers, 
and many roads have been destroyed or rendered impassable. 
Infrastructure damage from the earthquake has jeopardized food 
security, with over 1.4 million people estimated to be in need of food 
assistance. Displaced persons have varying access to basic services, 
such as shelter, water, sanitation, and hygiene and many continue to 
live outdoors. Medical care was also affected by the earthquake, with 
over 25 hospitals damaged and more than 900 village health facilities 
rendered nonfunctional. At least 950,000 children in Nepal are at risk 
of being unable to return to school or are learning in temporary 
structures because their schools have been destroyed, damaged.
    The institutional capacity of the Nepalese government to respond to 
the immediate effects of the earthquake alone is low.
    The April 25 earthquake and its aftershocks caused enormous damage 
in Nepal'srural areas that are difficult to access because of the 
mountainous terrain and limited numbers of undamaged roads. With the 
2015 monsoon season starting this month, remote areas will face 
additional threats, including landslides and flooding, and providing 
aid to them may become more difficult.
    Based upon review of these conditions and after consultation with 
appropriate Government agencies, the Secretary has determined that:
     There has been an earthquake, flood, drought, epidemic, or 
other environmental disaster in Nepal resulting in a substantial, but 
temporary, disruption of living conditions in the area affected. See 
INA section 244(b)(1)(B)(i), 8 U.S.C. 1254a(b)(1)(B)(i);
     Nepal is unable, temporarily, to handle adequately the 
return of aliens who are nationals of Nepal. See INA section 
244(b)(1)(B)(ii), 8 U.S.C. 1254a(b)(1)(B)(ii);
     Nepal has officially requested designation for TPS. See 
INA section 244(b)(1)(B)(iii), 8 U.S.C. 1254a(b)(1)(B)(iii);
     The designation of Nepal for TPS will be for an 18-month 
period from June 24, 2015 through December 24, 2016. See INA section 
244(b)(2), 8 U.S.C. 1254a(b)(2);
     The date by which applicants for TPS under the designation 
of Nepal must demonstrate that they have continuously resided in the 
United States is June 24, 2015. See INA section 244(c)(1)(A)(ii), 8 
U.S.C. 1254a(c)(1)(A)(ii);
     The date by which applicants for TPS under the designation 
of Nepal must demonstrate that they have been continuously physically 
present in the United States is June 24, 2015, the effective date of 
this designation of Nepal for TPS. INA sections 244(b)(2)(A), 
(c)(1)(A)(i), 8 U.S.C. 1254a(b)(2)(A), (c)(1)(A)(i); and
     An estimated 10,000 to 25,000 nationals of Nepal (and 
persons without nationality who last habitually resided in Nepal) are 
(or are likely to become) eligible for TPS under this designation. INA 
section 244(b)(1), 8 U.S.C. 1254a(b)(1). This estimate is based on the 
total number of Nepalese nationals believed to be in the United States 
in a nonimmigrant status or without lawful immigration status.

Notice of the Designation of Nepal for TPS

    By the authority vested in me as Secretary under INA section 244, 8 
U.S.C. 1254a, after consultation with the appropriate Government 
agencies, I designate Nepal for TPS under INA section 244(b)(1)(B), 8 
U.S.C. 1254a(b)(1)(B), for a period of 18 months from June 24, 2015 
through December 24, 2016.

Jeh Charles Johnson,
Secretary.

Required Application Forms and Application Fees To Register for TPS

    To register for TPS for Nepal, an applicant must submit each of the 
following two applications:
    1. Application for Temporary Protected Status (Form I-821) with the 
form fee; and
    2. Application for Employment Authorization (Form I-765).
     For administrative purposes, an applicant must submit an 
Application for Employment Authorization (Form I-765) even if no EAD is 
requested.
     If you want an EAD you must pay the Application for 
Employment Authorization (Form I-765) fee only if you are age 14 
through 65.
     No fee for Application for Employment Authorization (Form 
I-

[[Page 36348]]

765) is required if you are not requesting an EAD with an initial TPS 
application. Additionally, no fee is required if you are requesting an 
EAD and you are under the age of 14 or over the age of 65.
    You must submit both completed application forms together. If you 
are unable to pay the required fees, you may apply for a waiver for 
these application fees and/or the biometrics services fee described 
below by completing a Request for Fee Waiver (Form I-912), or 
submitting a personal letter requesting a fee waiver, and providing 
satisfactory supporting documentation. For more information on the 
application forms and fees for TPS, please visit the USCIS TPS Web page 
at http://www.uscis.gov/tps. Fees for Application for Temporary 
Protected Status (Form I-821), Application for Employment Authorization 
(Form I-765), and biometric services are also described in 8 CFR 
103.7(b).

Biometric Services Fee

    Biometrics (such as fingerprints) are required for all applicants 
14 years of age or older. Those applicants must submit a biometric 
services fee. As previously stated, if you are unable to pay for the 
biometric services fee, you may request a fee waiver by completing a 
Request for Fee Waiver (Form I-912) or by submitting a personal letter 
requesting a fee waiver, and providing satisfactory supporting 
documentation. For more information on the biometric services fee, 
please visit the USCIS Web site at http://www.uscis.gov. If necessary, 
you may be required to visit an Application Support Center to have your 
biometrics captured.

Re-Filing a TPS Application After Receiving a Denial of a Fee Waiver 
Request

    If you request a fee waiver when filing your TPS and EAD 
application forms and your request is denied, you may refile your 
application packet with the correct fees before the filing deadline of 
December 21, 2015. If you attempt to submit your application with a fee 
waiver request before the initial filing deadline, but you receive your 
application back with the USCIS fee waiver denial, and there are fewer 
than 45 days before the filing deadline (or the deadline has passed), 
you may still refile your application within the 45-day period after 
the date on the USCIS fee waiver denial notice. You must include the 
correct fees or file a new fee waiver request. Your application will 
not be rejected even if the deadline has passed, provided it is mailed 
within those 45 days and all other required information for the 
application is included. Please be aware that if you re-file your TPS 
application packet with a new fee waiver request after the deadline 
based on this guidance and that new fee waiver request is denied, you 
cannot re-file again. Note: Alternatively, you may pay the TPS 
application fee and biometrics fee (if age 14 or older) but wait to 
request an EAD and pay the EAD application fee after USCIS grants your 
TPS application.

Mailing Information

    Mail your application for TPS to the proper address in Table 1.

                       Table 1--Mailing Addresses
------------------------------------------------------------------------
                                             Then mail your application
                  If you:                                to:
------------------------------------------------------------------------
Would like to send your application by      USCIS, P.O. Box 7555,
 U.S. Postal Service.                        Chicago, IL 60680.
Would like to send your application by non- Attn: Nepal TPS, 131 S.
 U.S. Postal Service courier.                Dearborn 3rd Floor,
                                             Chicago, IL 60603.
------------------------------------------------------------------------

    If you were granted TPS by an Immigration Judge (IJ) or the Board 
of Immigration Appeals (BIA), and you wish to request an EAD, please 
mail your application to the appropriate mailing address in Table 1. 
After you submit your EAD application and receive a USCIS receipt 
number, please send an email to the Service Center handling your 
application. The email should include the receipt number and state that 
you submitted a request for an EAD based on an IJ/BIA grant of TPS. 
This will aid in the verification of your grant of TPS and processing 
of your EAD application, as USCIS may not have received records of your 
grant of TPS by either the IJ or the BIA. To obtain additional 
information, including the email address of the appropriate Service 
Center, you may go to the USCIS TPS Web page at http://www.uscis.gov/tps.

E-Filing

    You cannot electronically file your application packet when 
applying for initial registration for TPS. Please mail your application 
packet to the mailing address listed in Table 1.

Supporting Documents

What type of basic supporting documentation must I submit?

    To meet the basic eligibility requirements for TPS, you must submit 
evidence that you:
     Are a national of Nepal or an alien having no nationality 
who last habitually resided in Nepal. Such documents may include a copy 
of your passport if available, other documentation issued by the 
Government of Nepal showing your nationality (e.g., national identity 
card, official travel documentation issued by the Government of Nepal), 
and/or your birth certificate with English translation accompanied by 
photo identification. USCIS will also consider certain forms of 
secondary evidence supporting your Nepalese nationality. If the 
evidence presented is insufficient for USCIS to make a determination as 
to your nationality, USCIS may request additional evidence. If you 
cannot provide a passport, birth certificate with photo identification, 
or a national identity document with your photo or fingerprint, you 
must submit an affidavit showing proof of your unsuccessful efforts to 
obtain such documents and affirming that you are a national of Nepal. 
However, please be aware that an interview with an immigration officer 
will be required if you do not present any documentary proof of 
identity or nationality or if USCIS otherwise requests a personal 
appearance. See 8 CFR 103.2(b)(9), 244.9(a)(1);
     Have continuously resided in the United States since June 
24, 2015. See INA section 244(c)(1)(A)(ii); 8 U.S.C. 
1254a(c)(1)(A)(ii); 8 CFR 244.9(a)(2); and
     Have been continuously physically present in the United 
States since June 24, 2015, the effective date of the designation of 
Nepal. See INA sections 244(b)(2)(A), (c)(1)(A)(i);8 U.S.C. 
1254a(b)(2)(A), (c)(1)(A)(i).
    You must also submit two color passport-style photographs of 
yourself. The filing instructions on the Application for Temporary 
Protected Status (Form I-821) list all the documents needed to 
establish basic eligibility for TPS. You may also find information on 
the acceptable documentation and other requirements for applying for 
TPS on the USCIS Web site at www.uscis.gov/tps under ``TPS Designated 
Country: Nepal.''

Do I need to submit additional supporting documentation?

    If one or more of the questions listed in Part 4, Question 2 of the 
Application for Temporary Protected Status (Form I-821) applies to you, 
then you must submit an explanation on a separate sheet(s) of paper 
and/or additional documentation. Depending on the nature of the 
question(s) you are addressing, additional documentation alone may 
suffice, but usually a written explanation will also be needed.

[[Page 36349]]

Employment Authorization Document (EAD)

 How can I obtain information on the status of my EAD request?

    To obtain case status information about your TPS application, 
including the status of a request for an EAD, you can check Case Status 
Online, available at the USCIS Web site at http://www.uscis.gov, or 
call the USCIS National Customer Service Center at 800-375-5283 (TTY 
800-767-1833). If your Form I-765 Application for Employment 
Authorization has been pending for more than 90 days, and you still 
need assistance, you may request an EAD inquiry appointment with USCIS 
by using the InfoPass system at https://infopass.uscis.gov. However, 
we strongly encourage you first to check Case Status Online or call the 
USCIS National Customer Service Center for assistance before making an 
InfoPass appointment.

When hired, what documentation may I show to my employer as proof of 
employment authorization and identity when completing Employment 
Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the ``List of 
Acceptable Documents'' for Employment Eligibility Verification (Form I-
9). You can find additional detailed information on the USCIS I-9 
Central Web page at http://www.uscis.gov/I-9Central. Employers are 
required to verify the identity and employment authorization of all new 
employees by using the Employment Eligibility Verification (Form I-9). 
Within 3 days of hire, an employee must present proof of identity and 
employment authorization to his or her employer.
    You may present any document from List A (reflecting both your 
identity and employment authorization), or one document from List B 
(reflecting identity) together with one document from List C 
(reflecting employment authorization). You may present an acceptable 
receipt for List A, List B, or List C documents as described in the 
Form I-9 Instructions; the receipt for the application for replacement 
of a lost, stolen, or damaged employment authorization document is 
acceptable. A receipt for the application for an initial or renewal 
employment authorization is not an acceptable receipt. An EAD is an 
acceptable document under ``List A.'' Employers may not reject a 
document based on a future expiration date.

Can my employer require that I produce any other documentation to prove 
my current TPS status, such as proof of my Nepalese citizenship or 
proof that I have registered for TPS?

    No. When completing the Employment Eligibility Verification (Form 
I-9), including re-verifying employment authorization, employers must 
accept any documentation that appears on the ``Lists of Acceptable 
Documents'' for Employment Eligibility Verification (Form I-9) that 
reasonably appears to be genuine and that relates to you, or an 
acceptable List A, List B, or List C receipt. Employers may not request 
documentation that does not appear on the ``Lists of Acceptable 
Documents.'' Therefore, employers may not request proof of Nepalese 
citizenship or proof of TPS registration when completing the Employment 
Eligibility Verification (Form I-9) for new hires or reverifying the 
employment authorization of current employees. If presented with EADs 
that are unexpired on their face, employers should accept such EADs as 
valid ``List A'' documents so long as the EADs reasonably appear to be 
genuine and to relate to the employee. Refer to the ``Note to All 
Employees'' section for important information about your rights if your 
employer rejects lawful documentation, requires additional 
documentation, or otherwise discriminates against you because of your 
citizenship status, immigration status, or national origin.

Note to All Employers

    Employers are reminded that the laws requiring proper employment 
eligibility verification and prohibiting unfair immigration-related 
employment practices remain in full force. This Notice does not 
supersede or in any way limit applicable employment verification rules 
and policy guidance, including those rules setting forth reverification 
requirements. For general questions about the employment eligibility 
verification process, employers may call USCIS at 888-464-4218 (TTY 
877-875-6028) or email USCIS at 
 I-9Central@dhs.gov . Calls and emails 
are accepted in English and many other languages. For questions about 
avoiding discrimination during the employment eligibility verification 
process, employers may also call the U.S. Department of Justice, Office 
of Special Counsel for Immigration-Related Unfair Employment Practices 
(OSC) Employer Hotline at 800-255-8155 (TTY 800-237-2515), which offers 
language interpretation in numerous languages, or email OSC at 

 osccrt@usdoj.gov .

Note to Employees

    For general questions about the employment eligibility verification 
process, employees may call USCIS at 888-897-7781 (TTY 877-875-6028) or 
email at 
 I-9Central@dhs.gov . Calls are accepted in English and many 
other languages. Employees or applicants may also call the U.S. 
Department of Justice, Office of Special Counsel for Immigration-
Related Unfair Employment Practices (OSC) Worker Information Hotline at 
800-255-7688 (TTY 800-237-2515) for information regarding employment 
discrimination based upon citizenship status, immigration status, or 
national origin, or for information regarding discrimination related to 
Employment Eligibility Verification (Form I-9) and E-Verify. The OSC 
Worker Information Hotline provides language interpretation in numerous 
languages.
    To comply with the law, employers must accept any document or 
combination of documents from the Lists of Acceptable Documents if the 
documentation reasonably appears to be genuine and to relate to the 
employee, or an acceptable List A, List B, or List C receipt described 
in the Employment Eligibility Verification (Form I-9) Instructions. 
Employers may not require extra or additional documentation beyond what 
is required for Employment Eligibility Verification (Form I-9) 
completion. Further, employers participating in E-Verify who receive an 
E-Verify case result of ``Tentative Nonconfirmation'' (TNC) must 
promptly inform employees of the TNC and give such employees an 
opportunity to contest the TNC. A TNC case result means that the 
information entered into E-Verify from Employment Eligibility 
Verification (Form I-9) differs from Federal or state government 
records.
    Employers may not terminate, suspend, delay training, withhold pay, 
lower pay, or take any adverse action against an employee based on the 
employee's decision to contest a TNC or because the case is still 
pending with E-Verify. A Final Nonconfirmation (FNC) case result is 
received when E-Verify cannot verify an employee's employment 
eligibility. An employer may terminate employment based on a case 
result of FNC. Work-authorized employees who receive an FNC may call 
USCIS for assistance at 888-897-7781 (TTY 877-875-6028). An employee 
who believes he or she was discriminated against by an employer in the 
E-Verify process based on citizenship status,

[[Page 36350]]

immigration status, or national origin, may contact OSC's Worker 
Information Hotline at 800-255-7688 (TTY 800-237-2515). Additional 
information about proper nondiscriminatory Employment Eligibility 
Verification (Form I-9) and E-Verify procedures is available on the OSC 
Web site at http://www.justice.gov/crt/about/osc/ and the USCIS Web 
site at http://www.dhs.gov/E-verify.

Note Regarding Federal, State, and Local Government Agencies (Such as 
Departments of Motor Vehicles)

    While Federal Government agencies must follow the guidelines laid 
out by the Federal, State, and local government agencies establish 
their own rules and guidelines when granting certain benefits. Each 
State may have different laws, requirements, and determinations about 
what documents you need to provide to prove eligibility for certain 
benefits. Whether you are applying for a Federal, State, or local 
government benefit, you may need to provide the government agency with 
documents that show you are a TPS beneficiary and/or show you are 
authorized to work based on TPS. Examples are:
    (1) Your EAD that has a valid expiration date;
    (2) A copy of your Notice of Action (Form I-797C) showing approval 
for TPS, if you receive one from USCIS.
    Check with the government agency regarding which document(s) the 
agency will accept. You may also provide the agency with a copy of this 
Federal Register Notice.
    Some benefit-granting agencies use the USCIS Systematic Alien 
Verification for Entitlements Program (SAVE) to verify the current 
immigration status of applicants for public benefits. If such an agency 
has denied your application based solely or in part on a SAVE response, 
the agency must offer you the opportunity to appeal the decision in 
accordance with the agency's procedures. If the agency has received and 
acted upon or will act upon a SAVE verification and you do not believe 
the response is correct, you may make an InfoPass appointment for an 
in-person interview at a local USCIS office. Detailed information on 
how to make corrections, make an appointment, or submit a written 
request to correct records under the Freedom of Information Act can be 
found at the SAVE Web site at http://www.uscis.gov/save, then by 
choosing ``How to Correct Your Records'' from the menu on the right.

[FR Doc. 2015-15576 Filed 6-23-15; 8:45 am]
 BILLING CODE 9111-97-P
Source: http://www.gpo.gov/fdsys/pkg/FR-2015-06-24/html/2015-15576.htm

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