Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24737
for additional Form I–9 documentation through January 5, 2012. This Notice Applicants seeking information about
if presented with an EAD that has been also sets forth procedures necessary for the status of their individual cases can
automatically extended or a new valid nationals of Nicaragua (or aliens having check Case Status Online available at
EAD pursuant to this Federal Register no nationality who last habitually the USCIS Web site at http://
notice, and the EAD reasonably appears resided in Nicaragua) with TPS to re- www.uscis.gov, or call the USCIS
on its face to be genuine and to relate register and to apply for an extension of National Customer Service Center at 1–
to the employee. Employees also may their employment authorization 800–375–5283 (TTY 1–800–767–1833).
present any other legally acceptable documents (EADs) with U.S. • Further information will also be
document or combination of documents Citizenship and Immigration Services available at local USCIS offices upon
listed on the Form I–9 as proof of (USCIS). Re-registration is limited to publication of this Notice.
identity and employment eligibility. persons who previously registered for SUPPLEMENTARY INFORMATION:
Note to Employers TPS under the designation of Nicaragua
Abbreviations and Terms Used in This
and whose applications have been
Employers are reminded that the laws Document
granted or remain pending. Certain
requiring employment eligibility nationals of Nicaragua (or aliens having Act—Immigration and Nationality Act
verification and prohibiting unfair no nationality who last habitually DHS—Department of Homeland
immigration-related employment resided in Nicaragua) who have not Security
practices remain in full force. This previously applied for TPS may be DOS—Department of State
Notice does not supersede or in any way eligible to apply under the late initial EAD—Employment Authorization
limit applicable employment registration provisions. Document
verification rules and policy guidance, New EADs with a January 5, 2012, OSC—U.S. Department of Justice, Office
including those rules setting forth re- expiration date will be issued to eligible of Special Counsel for Immigration
verification requirements. For questions, TPS beneficiaries who timely re-register Related Unfair Employment Practices
employers may call the USCIS Customer PRRAC—European Union’s Regional
and apply for EADs. Given the
Assistance Office at 1–800–357–2099. Program for the Reconstruction of
timeframes involved with processing
Employers may also call the U.S. Central America
TPS re-registration applications, the
Department of Justice Office of Special Secretary—Secretary of Homeland
Department of Homeland Security
Counsel for Immigration Related Unfair Security
recognizes the possibility that all re- TPS—Temporary Protected Status
Employment Practices (OSC) Employer registrants may not receive new EADs USCIS—U.S. Citizenship and
Hotline at 1–800–255–8155. until after their current EADs expire on Immigration Services
Note to Employees July 5, 2010. Accordingly, this Notice
automatically extends the validity of What is Temporary Protected Status?
Employees or applicants may call the
OSC Employee Hotline at 1–800–255–
EADs issued under the TPS designation • TPS is an immigration status
of Nicaragua for 6 months, through granted to eligible nationals of a country
7688 for information regarding the January 5, 2011, and explains how TPS
automatic extension. Additional designated for TPS under the Act (or to
beneficiaries and their employers may persons without nationality who last
information is available on the OSC determine which EADs are
Web site at http://www.justice.gov/crt/ habitually resided in the designated
automatically extended. country).
osc/.
DATES: The extension of the TPS • During the period for which the
[FR Doc. 2010–10620 Filed 5–4–10; 8:45 am] designation of Nicaragua is effective Secretary has designated a country for
BILLING CODE 9111–97–P July 6, 2010, and will remain in effect TPS, TPS beneficiaries are eligible to
through January 5, 2012. The 60-day re- remain in the United States and may
registration period begins May 5, 2010, obtain work authorization, so long as
DEPARTMENT OF HOMELAND and will remain in effect until July 6, they continue to meet the terms and
SECURITY 2010. conditions of their TPS status.
FOR FURTHER INFORMATION CONTACT:
• The granting of TPS does not lead
Citizenship and Immigration Services
• For further information on TPS, to permanent resident status.
[CIS No. 2488–09; DHS Docket No. USCIS
including guidance on the application • When the Secretary terminates a
2010–0031] country’s TPS designation, beneficiaries
process and additional information on
RIN 1615–ZA94 eligibility, please visit the USCIS Web return to the same immigration status
site at http://www.uscis.gov. Select they maintained before TPS (unless that
Extension of the Designation of ‘‘Temporary Protected Status’’ from the status has since expired or been
Nicaragua for Temporary Protected homepage. You can find detailed terminated) or to any other status they
Status and Automatic Extension of information about this TPS extension on may have obtained while registered for
Employment Authorization our Web site at the Nicaraguan TPS.
Documentation for Nicaraguan TPS Questions & Answers Section. What authority does the Secretary of
Beneficiaries • You can also contact the TPS Homeland Security have to extend the
AGENCY: U.S. Citizenship and Operations Program Manager, Status designation of Nicaragua for TPS?
Immigration Services, Department of and Family Branch, Service Center
Section 244(b)(1) of the Immigration
Homeland Security (DHS). Operations Directorate, U.S. Citizenship
and Nationality Act (the Act), 8 U.S.C.
ACTION: Notice. and Immigration Services, Department
sroberts on DSKD5P82C1PROD with NOTICES
1254a(b)(1), authorizes the Secretary,
of Homeland Security, 20 Massachusetts
after consultation with appropriate
SUMMARY: This Notice announces that Avenue, NW., Washington, DC 20529–
agencies of the government, to designate
the Secretary of Homeland Security 2060, telephone (202) 272–1533. This is
a foreign State (or part thereof) for TPS.1
(Secretary) has extended the designation not a toll-free call. Note: The phone
of Nicaragua for temporary protected number provided here is solely for 1 As of March 1, 2003, in accordance with section
status (TPS) for 18 months from its questions regarding this TPS notice. It is 1517 of title XV of the Homeland Security Act of
current expiration date of July 5, 2010, not for individual case status inquiries. Continued
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24738 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
The Secretary may then grant TPS to Hurricane Mitch resulted in the loss other immigration status. Their return
eligible nationals of that foreign State of thousands of lives, displacement of would aggravate Nicaragua’s
(or aliens having no nationality who last thousands more, collapse of physical deteriorating economy by increasing
habitually resided in that State). Section infrastructure, and severe damage to the unemployment already exacerbated by
244(a)(1)(A) of the Act, 8 U.S.C. country’s economic system. See 64 FR the recent global economic crisis.
1254a(a)(1)(A). 526 (Jan. 5, 1999) (discussing Economic development has also been
At least 60 days before the expiration devastation caused by Hurricane Mitch). hindered and disrupted by electoral
of a TPS designation, the Secretary, after The government and people of fraud and weak and poorly constructed
consultation with appropriate agencies Nicaragua continue to rely heavily on infrastructure, such as the poor
of the government, must review the international assistance, and recovery condition of rural roads. Nicaragua
conditions in a foreign State designated from Hurricane Mitch is still
remains ill-equipped to handle
for TPS to determine whether the incomplete.
adequately the return of Nicaraguans
conditions for the TPS designation Nicaragua has not fully recovered
from Hurricane Mitch. The regions most currently in the United States who are
continue to be met and, if so, must
devastated by Hurricane Mitch, the TPS beneficiaries.
determine the length of an extension of
the TPS designation. Section mountainous north and the isolated Based on this review and after
244(b)(3)(A), (C) of the Act, 8 U.S.C. Atlantic coast, continue to be the consultation with the appropriate
1254a(b)(3)(A), (C). If the Secretary poorest and least developed in the Government agencies, the Secretary
determines that the foreign State no country. Most rural roads in these finds that:
longer meets the conditions for the TPS regions have not been properly
rehabilitated since Hurricane Mitch. • The conditions that prompted the
designation, the Secretary must January 5, 1999, designation of
terminate the designation. Section Despite Millennium Challenge
Corporation-sponsored road projects in Nicaragua for TPS continue to be met.
244(b)(3)(B) of the Act, 8 U.S.C.
some of the more populous areas of See section 244(b)(3)(A) of the Act, 8
1254a(b)(3)(B).
eastern Chinandega Department along U.S.C. 1254a(b)(3)(A).
When was Nicaragua designated for the Honduran border, rural feeder roads • There continues to be a substantial,
TPS? remain in poor condition. They remain but temporary, disruption in living
On January 5, 1999, the Attorney impassible during the rainy season. A conditions in Nicaragua as the result of
General designated Nicaragua for TPS significant number of the 90 health an environmental disaster. See section
based on an environmental disaster centers and 400 health posts in isolated 244(b)(1)(B) of the Act, 8 U.S.C.
within that country, specifically the rural areas destroyed by Mitch have not
1254a(b)(1)(B).
devastation resulting from Hurricane been rebuilt. Some of the over 500
primary schools that suffered structural • Nicaragua continues to be unable,
Mitch. 64 FR 526. See section
244(a)(b)(1)(B) of the Act, 8 U.S.C. damage due to Mitch are still unusable. temporarily, to adequately handle the
1254a(b)(1)(B). The last extension of In addition, more recent natural return of its nationals (or aliens having
TPS for Nicaragua was announced on disasters have slowed the recovery from no nationality who last habitually
October 1, 2008, based on the Hurricane Mitch. In September 2007, resided in Nicaragua). See section
Secretary’s determination that the Hurricane Felix, a category 5 storm, 244(b)(1)(B) of the Act, 8 U.S.C.
conditions warranting the designation struck the area affected by Hurricane 1254a(b)(1)(B).
Mitch and was followed by heavy rains
continued to be met. 73 FR 57138. This • The designation of Nicaragua for
announcement is the ninth extension of and flooding. More than 20,450 homes,
along with 100 schools, clinics, TPS should be extended for an
TPS for Nicaragua. additional 18-month period. See section
community centers, and churches were
Why is the Secretary extending the TPS destroyed, and 130 people died. 244(b)(3)(C) of the Act, 8 U.S.C.
designation for Nicaragua through Tropical depression Alma followed in 1254a(b)(3)(C).
January 5, 2012? May 2008 and further exacerbated the • There are approximately 3,000
Over the past year, DHS and the damage caused by the earlier storms. nationals of Nicaragua (or aliens having
Department of State (DOS) have Nicaragua continues to suffer from no nationality who last habitually
continued to review conditions in chronic poverty and food resided in Nicaragua) who are eligible
Nicaragua. Based on this review, and insufficiencies, which have for TPS under this extended
after consulting with the Department of compounded recovery challenges. designation.
State, the Secretary has determined that Environmental disasters have destroyed
over 100,000 acres of crops. In addition, Notice of Extension of the TPS
an 18-month extension is warranted
continued environmental disasters have Designation of Nicaragua
because there continues to be a
substantial, but temporary, disruption of damaged water supplies, leaving whole
communities lacking potable water. By the authority vested in me as
living conditions in Nicaragua resulting Secretary of Homeland Security under
from Hurricane Mitch, and Nicaragua According to the United Nations World
Food Programme (WFP), these recurring section 244 of the Act, 8 U.S.C. 1254a,
remains unable, temporarily, to I have determined after consultation
adequately handle the return of its environmental disasters destroyed the
country’s economic base. with the appropriate government
nationals. agencies that the conditions that
Approximately 48% of the population
sroberts on DSKD5P82C1PROD with NOTICES
lives below the poverty line, and prompted designation of Nicaragua for
2002 (HSA), Public Law 107–296, 116 Stat. 2135,
any reference to the Attorney General in a provision approximately 17% live in extreme temporary protected status (TPS) on
of the Immigration and Nationality Act describing poverty. January 5, 1999, continue to be met. See
functions transferred under the HSA from the Nicaragua is also currently unable to section 244(b)(3)(A) of the Act, 8 U.S.C.
Department of Justice to the Department of
Homeland Security ‘‘shall be deemed to refer to the
handle adequately the return of 1254a(b)(3)(A). On the basis of this
Secretary’’ of Homeland Security. See 6 U.S.C. 557 thousands of its nationals who now determination, I am extending the TPS
(2003) (codifying HSA, tit. XV, sec. 1517). have TPS in the United States, but no designation of Nicaragua for 18 months
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Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices 24739
from July 6, 2010, through January 5, • If you are filing for re-registration, satisfactory supporting documentation.
2012. you must pay the Form I–765 For more information on the application
application fee if you want an forms and application fees for TPS,
Janet Napolitano,
employment authorization document please visit the USCIS Web site at
Secretary.
(EAD). http://www.uscis.gov.
Required Application Forms and • If you are filing for late initial
Application Fees to Register or Re- registration and want an EAD, you must Biometric Services Fee
register for TPS pay the Form I–765 fee only if you are Biometrics (such as fingerprints) are
To register or re-register for TPS, an age 14 through 65. No EAD fee is
required for all applicants 14 years of
applicant must submit: required if you are under the age of 14
age or older. Those applicants must
1. Form I–821, Application for or over the age of 65 and filing for late
initial TPS registration. submit a biometric services fee. For
Temporary Protected Status, more information on the biometric
• You only need to pay the Form • You do not pay the Form I–765 fee
if you are not requesting an EAD. services fee, please visit the USCIS Web
I–821 application fee if you are filing an
You must submit both completed site at http://www.uscis.gov.
application for late initial registration.
• You do not need to pay the Form application forms together. You may Mailing Information
I–821 fee for a re-registration; and apply for application and/or biometrics
2. Form I–765, Application for fee waivers if you are unable to pay and Mail your application for TPS to the
Employment Authorization. you can provide proof through proper address in Table 1:
TABLE 1—MAILING ADDRESSES
If ... Mail to ...
You are applying for re-registration through U.S. Postal Service ............ USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL 60680–6943.
You are applying for the first time as a late initial registrant through USCIS, Attn: TPS Nicaragua, P.O. Box 6943, Chicago, IL 60680–6943.
U.S. Postal Service.
You are using a Non-U.S. Postal Service delivery service for both re- U.S. Citizenship and Immigration Services, Attn: TPS Nicaragua, 131
registration and first time late initial registration. S. Dearborn—3rd Floor, Chicago, IL 60603–5517.
You were granted TPS by an Immigration Judge (IJ) or the Board of USCIS, Attn: TPS Nicaragua, P.O. Box 7332, Chicago, IL 60680–7332.
Immigration Appeals (BIA), and you wish to request an EAD or are
re-registering for the first time.
E-Filing bearing an expiration date of July 5, Employers should not request proof of
If you are re-registering for TPS 2010. These EADs must also bear the Nicaraguan citizenship. Employers
during the re-registration period and notation ‘‘A–12’’ or ‘‘C–19’’ on the face of should accept the EADs as valid ‘‘List A’’
you do not need to submit any the card under ‘‘Category.’’ documents. Employers should not ask
supporting documents or evidence, you What documents may a qualified for additional Form I–9 documentation
are eligible to file your applications individual show to his or her employer if presented with an EAD that has been
electronically. For more information on as proof of employment authorization automatically extended or a new valid
e-filing, please visit the USCIS E-Filing and identity when completing Form I–9? EAD pursuant to this Federal Register
Reference Guide at the USCIS Web site notice, and the EAD reasonably appears
at http://www.uscis.gov. During the first six months of this on its face to be genuine and to relate
extension, qualified individuals who to the employee. Employees also may
Employment Authorization Document have received a 6-month automatic present any other legally acceptable
(EAD) extension of their EADs by virtue of this document or combination of documents
May I request an interim EAD at my Federal Register notice may present listed on the Form I–9 as proof of
local USCIS office? their extended TPS-based EADs, as identity and employment eligibility.
described above, to their employers as
No. USCIS will not issue interim proof of identity and employment Note to Employers
EADs to TPS applicants and re- authorization through January 5, 2011.
registrants at local offices. To minimize confusion over this Employers are reminded that the laws
Am I eligible to receive an automatic extension at the time of hire or re- requiring employment eligibility
6-month EAD extension from July 6, verification, qualified individuals may verification and prohibiting unfair
2010, through January 5, 2011? also present a copy of this Federal immigration-related employment
Register notice regarding the automatic practices remain in full force. This
To receive an automatic 6-month
extension of employment authorization Notice does not supersede or in any way
extension of your EAD:
• You must be a national of Nicaragua documentation through January 5, 2011. limit applicable employment
(or an alien having no nationality who After January 5, 2011, TPS verification rules and policy guidance,
last habitually resided in Nicaragua) beneficiaries may present their EADs on including those rules setting forth re-
who has applied for and received an Form I–766 with an extension date of verification requirements. For questions,
sroberts on DSKD5P82C1PROD with NOTICES
EAD under the designation of Nicaragua January 5, 2012, to their employers as employers may call the USCIS Customer
for TPS, and proof of employment authorization and Assistance Office at 1–800–357–2099.
• You have not had TPS withdrawn identity. The EAD will bear the notation Employers may also call the U.S.
or denied. ‘‘A–12’’ or ‘‘C–19’’ on the face of the card Department of Justice Office (DOJ) of
This automatic extension is limited to under ‘‘Category.’’ After January 5, 2011, Special Counsel for Immigration Related
EADs issued on Form I–766, employers may not accept EADs that no Unfair Employment Practices (OSC)
Employment Authorization Document, longer have a valid date. Employer Hotline at 1–800–255–8155.
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24740 Federal Register / Vol. 75, No. 86 / Wednesday, May 5, 2010 / Notices
Note to Employees DEPARTMENT OF HOMELAND and responsibilities of FEMA, the U.S.
SECURITY Army Corps of Engineers (USACE), and
Employees or applicants may call the
the U.S. Coast Guard (USCG) in
OSC Employee Hotline at 1–800–255– Federal Emergency Management removing debris, wreckage, and sunken
7688 for information regarding the Agency vessels from waterways. This policy
automatic extension. Additional
[Docket ID FEMA–2010–0025] draws upon recent disaster experience
information is available on the OSC
in delineating eligibility for debris
Web site at http://www.justice.gov/crt/
Recovery Policy RP9523.5, Debris removal from waterways under the
osc/.
Removal From Waterways Public Assistance Program. The USACE
[FR Doc. 2010–10619 Filed 5–4–10; 8:45 am] and USCG reviewed and provided input
BILLING CODE 9111–97–P AGENCY: Federal Emergency on this policy.
Management Agency, DHS.
Authority: 42 U.S.C. 5170b, 5173, and
ACTION: Notice of availability.
DEPARTMENT OF HOMELAND 5192.
SECURITY SUMMARY: This document provides David J. Kaufman,
notice of the availability of the final Director, Office of Policy and Program
Federal Emergency Management Recovery Policy RP9523.5, Debris Analysis, Federal Emergency Management
Agency Removal from Waterways. Agency.
DATES: This policy is effective March 29, [FR Doc. 2010–10461 Filed 5–4–10; 8:45 am]
[Docket ID FEMA–2010–0028] 2010. BILLING CODE 9111–23–P
ADDRESSES: This final policy is available
Recovery Fact Sheet RP9580.102, online at http://www.regulations.gov
Permanent Relocation under docket ID FEMA–2010–0025 and DEPARTMENT OF HOMELAND
on FEMA’s Web site at http:// SECURITY
AGENCY: Federal Emergency
Management Agency, DHS. www.fema.gov. You may also view a
hard copy of the final policy at the Federal Emergency Management
ACTION: Notice of availability. Agency
Office of Chief Counsel, Federal
SUMMARY: This document provides Emergency Management Agency, Room
835, 500 C Street, SW., Washington, DC [Internal Agency Docket No. FEMA–1895–
notice of the availability of the final DR; Docket ID FEMA–2010–0002]
Recovery Fact Sheet RP9580.102, 20472.
Permanent Relocation, which is being FOR FURTHER INFORMATION CONTACT: Mr.
Massachusetts; Amendment No. 2 to
issued by the Federal Emergency Byron Mason, Federal Emergency
Notice of a Major Disaster Declaration
Management Agency (FEMA). Management Agency, 500 C Street SW.,
Washington, DC 20472; 202–646–4368 AGENCY: Federal Emergency
DATES: This fact sheet is effective April
phone; 202–646–3304 facsimile; Management Agency, DHS.
14, 2010.
Byron.Mason@dhs.gov. ACTION: Notice.
ADDRESSES: This final fact sheet is
SUPPLEMENTARY INFORMATION: The
available online at http:// SUMMARY: This notice amends the notice
www.regulations.gov under docket ID Public Assistance Program provides,
following a Presidentially-declared of a major disaster declaration for the
FEMA–2010–0028 and on FEMA’s Web Commonwealth of Massachusetts
site at http://www.fema.gov. You may major disaster or emergency,
supplemental Federal disaster grant (FEMA–1895–DR), dated March 29,
also view a hard copy of the final fact 2010, and related determinations.
sheet at the Office of Chief Counsel, assistance for the repair, replacement, or
restoration of disaster damaged, DATES: Effective Date: April 26, 2010.
Federal Emergency Management
Agency, Room 835, 500 C Street, SW., publicly-owned facilities and the FOR FURTHER INFORMATION CONTACT:
Washington, DC 20472–3100. facilities of certain Private Non-Profit Peggy Miller, Recovery Directorate,
(PNP) organizations. To be eligible Federal Emergency Management
FOR FURTHER INFORMATION CONTACT: under the Public Assistance Program, Agency, 500 C Street, SW., Washington,
Deborah Atkinson, Federal Emergency work must be required as the result of DC 20472, (202) 646–3886.
Management Agency, 500 C Street SW., the emergency or major disaster, be SUPPLEMENTARY INFORMATION: Notice is
Washington, DC 20472, 202–646–8146, located within the designated area, and
or via e-mail at hereby given that the incident period for
be the legal responsibility of an eligible this disaster is closed effective April 26,
Deborah.Atkinson@dhs.gov. applicant. Emergency work that must be 2010.
SUPPLEMENTARY INFORMATION: performed to reduce or eliminate an
The following Catalog of Federal Domestic
The purpose of this fact sheet is to immediate threat to life, to protect
Assistance Numbers (CFDA) are to be used
provide guidance on eligibility under public health and safety, and to protect for reporting and drawing funds: 97.030,
the Public Assistance Program for the improved property that is threatened in Community Disaster Loans; 97.031, Cora
permanent relocation of a disaster a significant way as a result of the major Brown Fund; 97.032, Crisis Counseling;
damaged facility pursuant to 44 CFR disaster or emergency includes debris 97.033, Disaster Legal Services; 97.034,
206.226. removal. Disaster Unemployment Assistance (DUA);
This policy was developed to provide 97.046, Fire Management Assistance Grant;
Authority: 42 U.S.C. 5121–5207; 44 CFR 97.048, Disaster Housing Assistance to
part 206.
guidance for determining the eligibility
sroberts on DSKD5P82C1PROD with NOTICES
of debris removal from navigable Individuals and Households in Presidentially
Robert Farmer, waterways, the coastal and inland Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Deputy Director, Office of Policy and Program zones, and wetlands under the Public Disaster Housing Operations for Individuals
Analysis, Federal Emergency Management Assistance Program. Recent disaster and Households; 97.050, Presidentially
Agency. activity, including Hurricanes Katrina Declared Disaster Assistance to Individuals
[FR Doc. 2010–10455 Filed 5–4–10; 8:45 am] and Ike, demonstrated the need for and Households—Other Needs; 97.036,
BILLING CODE 9111–23–P additional guidance to clarify the roles Disaster Grants—Public Assistance
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