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The secretary of Homeland Security has published a notice in the Federal
Register extending the designation of El Salvador as a country whose
nationals and residents currently in the United States qualify for
temporary protected status (TPS). The designation, which had been due
to expire on Mar. 9, 2005, will be in effect a further 18 months, until
Sept. 9, 2006. The notice also automatically extends the validity of
employment authorization documents (EADs) issued under the TPS program
for El Salvador until Sept. 9, 2005.
To continue receiving the benefits of TPS—i.e.,
permission to remain temporarily in the United States and authorization
to be employed in the U.S.—nationals of El Salvador (or individuals of
no nationality who last habitually resided in El Salvador) who have
already been granted the status must reregister during the 60-day
reregistration period that began on Jan. 7, 2005, and ends on Mar. 8,
2005.
TPS is granted to persons from countries that are
designated by the secretary of the Dept. of Homeland Security as
experiencing armed conflict, environmental disaster, or certain other
conditions that prevent those persons from returning to those
countries. The authority to make this designation was transferred to
the secretary of the DHS from the U.S. attorney general as part of the
2002 legislation creating the DHS. The attorney general designated El
Salvador for TPS in March 2001 following a series of severe earthquakes
that left over one fourth of the country’s population without adequate
housing; and, prior to the current extension, the designation had been
extended twice, the latest extension notice having been published in the
Federal Register on July 16, 2003. The current extension notice states
that, “Due to ongoing reconstruction of infrastructure and housing
damaged by the earthquakes, the Secretary of DHS has determined that an
18-month extension of the TPS designation is warranted because El
Salvador remains unable, temporarily, to adequately handle the return of
its nationals.”
To reregister under the extension, nationals of El
Salvador (and individuals of no nationality who last habitually resided
in El Salvador) previously granted TPS must file the following: (1)
Form I‑821, Application for Temporary Protected Status; (2) Form I‑765,
Application for Employment Authorization; and (3) a “biometric services
fee” of $70 if the applicant is age 14 or older, or if the applicant is
under age 14 and requesting an EAD. Applicants who seek work
authorization under the extension must submit the $175 filing fee or a
“properly documented” fee waiver request with the Form I‑765; those who
do not need work authorization must still submit Form I‑765, but without
the fee.
Reregistrations submitted during the reregistration
period (under the current extension)—i.e., Jan. 7 through Mar. 8,
2005—must be submitted on I‑821 forms whose “Revision Date” is
“11/5/04.” Submissions on older versions of the I‑821 form will be
rejected. All applications for reregistration and “late initial
registration” (see eligibility criteria for the latter, below) must be
submitted to the U.S. Citizenship and Immigration Services Lockbox in
Chicago, Ill.
Applicants for reregistration who previously filed
their TPS registration and reregistration applications with the
Vermont Service Center should mail their complete applications under
the current extension to: U.S. Citizenship and Immigration Services,
P.O. Box 6943, Chicago, IL 60680-6943. Alternatively, applicants who
previously filed with the Vermont Service Center and who choose to send
their applications via a non–U.S. Postal Service delivery company (such
as United Parcel Service or Federal Express) should address them to:
U.S. Citizenship and Immigration Services, Attn: TPS/VSC, 427 S. LaSalle
– 3rd Floor, Chicago, IL 60605.
Applicants for reregistration who previously filed
their TPS registration and reregistration applications with the
California Service Center, the Texas Service Center, or the
Nebraska Service Center, or applicants who are filing for
“late initial registration,” should mail their complete applications
under the current extension to: U.S. Citizenship and Immigration
Services, Attn: TPS El Salvador, P.O. Box 87583, Chicago, IL
60680-0583. Alternatively, applicants in these same categories who
choose to send their applications via a non–U.S. Postal Service delivery
company should address them to: U.S. Citizenship and Immigration
Services, Attn: TPS El Salvador, 427 S. LaSalle – 3rd Floor, Chicago, IL
60605.
CIS also makes available a service whereby
applicants for reregistration can file their I‑821 and I‑765 forms,
along with required fees, electronically. To file electronically,
applicants should go to the CIS website (www.uscis.gov),
click on the “E-Filing” link (under “Hot Topics,” in the bulleted column
at the right of the web page), and follow the directions. Applicants
should start the e-filing process by completing the I‑821 form; the
system will link the applicant to the I‑765 form once the I‑821 is
complete. Electronic applications will be accepted only from Jan. 7
through Mar. 8, 2005, and only from people applying to reregister.
Applicants for late initial registration may not file
electronically, nor may applicants seeking to file a reregistration
after Mar. 8.
Late initial registration is also available
under the extension. In order to apply, an applicant must:
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be a national of El Salvador or a person
with no nationality who last habitually resided in El Salvador;
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have been continuously physically present
in the U.S. since Mar. 9, 2001;
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have continuously resided in the U.S. since
Feb. 13, 2001; and
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be admissible as an immigrant, except as
otherwise provided under Immigration and Nationality Act sec.
244(c)(2)(A), and not ineligible under INA sec. 244(c)(2)(B).
Each applicant for late initial registration must
also be able to show that during the initial registration period (from
Mar. 9, 2001, to Sept. 9, 2002), he or she:
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was a nonimmigrant or had been granted
voluntary departure status or any relief from removal;
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had an application for change of status,
adjustment of status, asylum, voluntary departure, or any relief
from removal pending or subject to further review or appeal;
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was a parolee or had a request for reparole
pending; or
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was the spouse or child of an individual
currently eligible to be a TPS registrant.
To be eligible for late initial registration,
applicants must file for it no later than 60 days after the expiration
or termination of the conditions described above.
The notice also announces the automatic extension
of the employment authorization documents of Salvadorans who received
EADs under the TPS program. The reason for this extension is that
because of the large number of individuals eligible for the extension,
many reregistrants will not receive new EADs until after their current
ones have expired. The extension applies to Salvadorans who currently
hold EADs that expire on Mar. 9, 2005, and have the notation “A-12” or
“C-19” (under “Category,” for Form I‑766 EADs) or “274a.12(a)(12)” or
“274a.12(c)(19)” (under “Provision of Law,” for Form I‑688B EADs). Such
cards are automatically valid now until Sept. 9, 2005. However, the
individuals who benefit from this extension still must reregister for
TPS by Mar. 8, 2005, in order to have employment authorization
throughout the extended TPS period.
When completing the I-9 employment eligibility
verification (or reverification) process, employers must accept the
above-described EADs of Salvadoran TPS beneficiaries as proof that they
are employment-authorized. Employers who have questions may call the
U.S. Citizenship and Immigration Services Office of Business Liaison
employer hotline at 1-800-357-2099; or they may call the employer
hotline of the U.S. Justice Dept.’s Office of Special Counsel for
Immigration Related Unfair Employment Practices (OSC) at 1-800-255-8155
or (TDD) 1-800-362-2735. Employees or job applicants may call the OSC
worker hotline at 1-800-255-7688 or (TDD) 1-800-237-2515. Information
is also available on the OSC’s website:
www.usdoj.gov/crt/osc/.
70 FR
1450–54 (Jan. 7, 2005).
By
Richard Irwin, IRU editor
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