INS Issues Updates on TPS Re-registration for Salvadoran Nationals

The INS has issued a News Release and two Fact Sheets concerning TPS re-registration for nationals of El Salvador. The re-registration period closes on 11/12/02. One Fact Sheet reminds employers that the validity of existing TPS-related employment authorization documents for eligible Salvadorans has been extended through 3/9/03.

INS NEWS RELEASE: TPS Re-registration Opens for Salvadorans Today

September 9, 2002

Employers Reminded of EAD Extention Until March 9, 2003

WASHINGTON – The Immigration and Naturalization Service (INS) reminds eligible Salvadorans to immediately re-register for Temporary Protected Status (TPS) to maintain TPS and employment authorization for the 12-month period beginning on September 9, 2002 and ending on September 9, 2003. Since this is a two-month re-registration period, INS urges applicants not to delay in mailing their applications well in advance of the November 12, 2002 deadline. INS forms are available, free of charge, from the toll-free INS Forms line, 1-800-870-3676, or from the INS Web site, www.uscis.gov.

On July 11, 2002, the Attorney General published a notice in the Federal Register that provides for:

• a one-year extension for the El Salvador TPS designation, from September 9, 2002 until September 9, 2003, and
• an automatic, 6-month extension of existing, TPS-related employment authorization documents (EADs) from September 9, 2002, to March 9, 2003.

The automatic EAD extension is designed only to prevent gaps in employment authorization while re-registration applications are processed, but it does not relieve TPS beneficiaries of the responsibility to re-register for TPS benefits. This extension of TPS covers an estimated 280,000 Salvadorans who have already applied for TPS.

For more information, please visit the INS web site for the Salvadoran TPS Fact Sheet: http://www.immigration.gov/graphics/publicaffairs/factsheets/elsalfs.htm or call the INS National Customer Service Center at 1-800-375-5283.

Important reminder to all employers:

INS reminds employers that the laws prohibiting unfair immigration-related employment practices remain in full force. For questions, employers may call the Service’s Office of Business Liaison Employer Hotline at 1-800-357-2099 to speak to a Service representative. Also, employers may call the office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-255-8155. Employees or applicants may call the OSC Employee Hotline at 1-800-255-7688 for information regarding the automatic extension.

INS FACT SHEET: INS Issues Reminder to Employers About Extension of Temporary Protected Status For Eligible Salvadorans

Automatic 6-month extension of existing, TPS-related employment authorization:

• The Immigration and Naturalization Service (INS) reminds all employers that on July 9, 2002, the Attorney General extended Temporary Protected Status for El Salvador for a period of 12 months until September 9, 2003. This TPS extension, which covers more than 280,000 Salvadoran registrants, is effective September 9, 2002 and will remain in effect until September 9, 2003.
  
  
• As part of the TPS extension, Attorney General Ashcroft extended the validity of the existing, TPS-related employment authorization documents (EADs) from September 9, 2002 to March 9, 2003. This will prevent gaps in employment authorization for qualified re-registrants, until March 9, 2003.
  
  
• Given the large number of Salvadorans affected by this notice and given that the initial registration period runs for the duration of the initial 18-month designation period, the Immigration and Naturalization Service recognized that many re-registrants will not receive their new EADs until after their current EADs expire on September 9, 2002. Therefore, applicable EADs will be automatically extended for six months.
  
  
• Automatic extension of employment authorization includes individuals with EADs bearing an expiration date of September 9, 2002, and the notation: “A-12” or “C-19” on the face of the card under “Category” for EADs issued on Form I-766; or “274A.12(A)(12)” or 274A.12(C)(19)” on the face of the card under “Provision of Law” for EADs issued on Form I-688B.
  
  
• For completion of the Form I-9 at the time of hire or re-verification, qualified individuals may present to their employer a TPS-related EAD as proof of identity and employment authorization until March 9, 2003.
  
  
• To minimize confusion over this extension at the time of hire or re-verification, qualified individuals may also present to their employer a copy of the Federal Register notice dated July 11, 2002 referencing the automatic extension of employment authorization documentation until March 9, 2003.

Important reminder to all employers:

• INS reminds employers that the laws prohibiting unfair immigration-related employment practices remain in full force. For questions, employers may call the Service’s Office of Business Liaison Employer Hotline at 1-800-357-2099 to speak to a Service representative. Also, employers may call the office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-255-8155. Employees or applicants may call the OSC Employee Hotline at 1-800-255-7688 (assistance available in Spanish) for information regarding the automatic extension.

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INS FACT SHEET: Extension of Temporary Protected Status for Eligible Salvadorans

Automatic Extension of Employment Authorization Document:

• INS reminds employers that an automatic extension of employment authorization includes individuals with EADs bearing an expiration date of September 9, 2002, and the notation: “A-12” or “C-19” on the face of the card under “Category” for EADs issued on Form I-766; or “274A.12(A)(12)” or 274A.12(C)(19)” on the face of the card under “Provision of Law” for EADs issued on Form I-688B.
  
  
• For completion of the Form I-9 at the time of hire or re-verification, qualified individuals may present to their employer a TPS-related EAD as proof of identity and employment authorization until March 9, 2003.
  
  
• To minimize confusion over this extension at the time of hire or re-verification, qualified individuals may also present to their employer a copy of the Federal Register notice dated July 11, 2002 referencing the automatic extension of employment authorization documentation until March 9, 2003.
  
  
• Employers are reminded that the laws prohibiting unfair immigration-related employment practices remain in full force. For questions, employers may call the Service’s Office of Business Liaison Employer Hotline at 1-800-357-2099 to speak to a Service representative. Also, employers may call the office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-255-8155. Employees or applicants may call the OSC Employee Hotline at 1-800-255-7688 (assistance available in Spanish) for information regarding the automatic extension.

Re-registration Process:

• To re-register, a TPS applicant must submit Form I-821 and Form I-765 (Application for Employment Authorization), as well as two identification photographs (1 1/2" x 1 1/2"). Both forms must be submitted for re-registration. If the applicant only seeks to re-register for TPS and does not seek a work authorization document, there is no filing fee. However, all applicants seeking an extension of their employment authorization document through September 9, 2003, must submit a $120 filing fee with Form I-765. The applicant may request a fee waiver in accordance with the regulations. Applicants for an extension of TPS benefits do not need to submit new fingerprints and therefore do not need to submit a $50 fee. Children beneficiaries of TPS who have reached the age of 14, but who were not previously fingerprinted, must pay the $50 fingerprint fee with their application for extension.
  
  
• Attesting in part 1 of the Form I-821 to the continued maintenance of the conditions of eligibility will generally preclude the need to re-submit supporting documents or evidence. INS, however, reserves the right to request additional information and/or documentation on a case-by-case basis.

Closing Date for Re-registration:

• The re-registration period closes on November 12, 2002. As this is a 2-month period of re-registration, INS urges applicants not to delay in submitting their application and to ensure timely filing by mailing applications well in advance of November 12, 2002. INS forms are available, free of charge, from the toll-free INS Forms line, 1-800-870-3676, or from the INS Web site, www.uscis.gov.

Eligibility:

• This extension does not allow Salvadorans who entered the United States after February 13, 2001 to apply for TPS. This extension covers only Salvadorans who have been continually physically present in the United States as of March 9, 2001 and who have continually resided in the United States since February 13, 2001. An extension of TPS does not change the required dates of continuous physical presence and residence in the United States.

Late Initial Registration:

• Some individuals may be eligible for late initial registration. In order to qualify for late initial registration, applicants must meet the original continuous physical presence and residency requirements and must demonstrate that, during the initial registration period, they:
  
• Were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief from removal;
• 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; or
• Were a parolee or had a pending request for parole.
  
• Applications for late initial registration must be submitted no later than 60 days from the expiration or termination of one of the conditions described above. The Service emphasizes that late initial registration is available only if the applicant satisfies one of the conditions described above and also meets all of the original eligibility requirements. A spouse or child of an alien currently registered for TPS may apply for late initial registration at any time if he or she is otherwise eligible and was so at the time of the initial registration period.
  
  
• Applicants for late initial registration must file Form I-821 with a $50 fee, Form I-765, two identification photographs (1 1/2" x 1 1/2"), and all supporting evidence. If the applicant requests an employment authorization document, he or she must submit a $120 fee with the Form I-765. A $50 fingerprinting fee must also be submitted for applicants for late initial registration who are 14 years of age or older. An applicant who does not request an employment authorization document must nonetheless file Form I-765 along with Form I-821, but is not required to submit the $120 fee for the Form I-765. The applicant may request a fee waiver in accordance with the regulations.

Travel:

• TPS registrants who need to travel outside the United States during the coming year must receive advance parole from their local INS office prior to departing the United States. Failure to do so may jeopardize their ability to return to the United States. Advance parole allows an individual to travel abroad and return to the United States. Advance parole is issued on a case-by-case basis. Individuals who are granted TPS may apply for advance parole by filing Form I-131 at their local INS district office.

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