Notice2022-19207
Implementation of Employment Authorization for Individuals Covered by Deferred Enforced Departure for Liberians
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 6, 2022
Effective
June 27, 2022
Issuing agencies
Homeland Security DepartmentU.S. Citizenship and Immigration Services
Abstract
On June 27, 2022, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to defer, through June 30, 2024, the removal of certain Liberian nationals, and individuals having no nationality who last habitually resided in Liberia, who are present in the United States and to provide them with employment authorization documentation. The memorandum directed the Secretary to make provision for immediate allowance of employment authorization for such individuals. This Notice provides information about Deferred Enforced Departure (DED) for certain eligible Liberian nationals, and individuals having no nationality who last habitually resided in Liberia, and provides information on how eligible individuals may apply for DED-based Employment Authorization Documents (EADs) with USCIS. Through this notice, DHS is providing employment authorization, including procedures for obtaining related documentation, for covered individuals through June 30, 2024, and automatically extending the validity of DED-based EADs bearing a Category Code of A-11 and a "Card Expires" date of March 30, 2020, January 10, 2021, or June 30, 2022, through June 30, 2024. Finally, this Notice provides instructions for DED-eligible Liberians, or individuals without nationality who last habitually resided in Liberia, on how to file for travel authorization.
Full Text
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<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54515-54520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19207]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
[CIS No. 2721-22; DHS Docket No. USCIS-2022-0007]
Implementation of Employment Authorization for Individuals
Covered by Deferred Enforced Departure for Liberians
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security.
ACTION: Notice of Employment Authorization for Individuals Covered by
Deferred Enforced Departure (DED).
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SUMMARY: On June 27, 2022, President Joseph Biden issued a memorandum
to the Secretary of State and the Secretary of Homeland Security
(Secretary) determining that it was in the foreign policy interest of
the United States to defer, through June 30, 2024, the removal of
certain Liberian nationals, and individuals having no nationality who
last habitually resided in Liberia, who are present in the United
States and to provide them with employment authorization documentation.
The memorandum directed the Secretary to make provision for immediate
allowance of employment authorization for such individuals. This Notice
provides information about Deferred Enforced Departure (DED) for
certain eligible Liberian nationals, and individuals having no
nationality who last habitually resided in Liberia, and provides
information on how eligible individuals may apply for DED-based
Employment Authorization Documents (EADs) with USCIS. Through this
notice, DHS is providing employment authorization, including procedures
for obtaining related documentation, for covered individuals through
June 30, 2024, and automatically extending the validity of DED-based
EADs bearing a Category Code of A-11 and a ``Card Expires'' date of
March 30, 2020, January 10, 2021, or June 30, 2022, through June 30,
2024. Finally, this Notice provides instructions for DED-eligible
Liberians, or individuals without nationality who last habitually
resided in Liberia, on how to file for travel authorization.
DATES: The extension and expansion of DED and employment authorization
for noncitizens covered by DED for Liberians is effective June 27,
2022, through June 30, 2024. Employment authorization and the
procedures for obtaining EADs in this Notice apply to any of the
following individuals who are not subject to any of the ineligibilities
described in President Biden's memorandum to the Secretaries of State
and Homeland Security: noncitizens who are Liberian nationals, or
individuals having no nationality who last habitually resided in
Liberia, regardless of country of birth, who were covered by DED as of
June 30, 2022; as well as to Liberian nationals, or individuals having
no nationality who last habitually resided in Liberia, regardless of
country of birth, who have been continuously physically present in the
United States since May 20, 2017. Liberian nationals, and individuals
[[Page 54516]]
having no nationality who last habitually resided in Liberia, must meet
all eligibility criteria for DED described below.
FOR FURTHER INFORMATION CONTACT:
<bullet> You may contact Ren[aacute] Cutlip-Mason, Chief,
Humanitarian Affairs Division, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
by mail at 5900 Capital Gateway Drive, Camp Springs, MD 20746, or by
phone at 800-375-5283.
<bullet> For further information on DED, including additional
information on eligibility, please visit the USCIS DED web page at
<a href="https://www.uscis.gov/humanitarian/deferred-enforced-departure">https://www.uscis.gov/humanitarian/deferred-enforced-departure</a>. You can
find specific information about DED for Liberians by selecting ``DED
Covered Country: Liberia'' from the menu on the left of the DED web
page.
<bullet> If you have additional questions about DED, please visit
<a href="https://www.uscis.gov/tools">https://www.uscis.gov/tools</a>. Our online virtual assistant, Emma, can
answer many of your questions and point you to additional information
on our website. If you are unable to find your answers there, you may
also call our USCIS Contact Center at 800-375-5283 (TTY 800-767-1833).
<bullet> Applicants seeking information about the status of their
individual cases may check Case Status Online, available on the USCIS
website at <a href="https://www.uscis.gov">https://www.uscis.gov</a>, or visit the USCIS Contact Center at
<a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>.
<bullet> Further information will also be available at local USCIS
offices upon publication of this Notice.
SUPPLEMENTARY INFORMATION:
Table of Abbreviations
CFR--Code of Federal Regulations
DED--Deferred Enforced Departure
DHS--U.S. Department of Homeland Security
EAD--Employment Authorization Document
FNC--Final Non-confirmation
Form I-131--Application for Travel Document
Form I-765--Application for Employment Authorization
Form I-9--Employment Eligibility Verification
Form I-912--Request for Fee Waiver
FR--Federal Register
Government--U.S. Government
IER--U.S. Department of Justice, Civil Rights Division, Immigrant
and Employee Rights Section
LRIF--Liberian Refugee Immigration Fairness
SAVE--USCIS Systematic Alien Verification for Entitlements Program
Secretary--Secretary of Homeland Security
TNC--Tentative Non-confirmation
TPS--Temporary Protected Status
TTY--Text Telephone
USCIS--U.S. Citizenship and Immigration Services
U.S.C.--United States Code
Purpose of This Action
Pursuant to the President's constitutional authority to conduct the
foreign relations of the United States, President Biden has concluded
that it is in the foreign policy interest of the United States to defer
through June 30, 2024, the removal of any Liberian national, or
individual without nationality who last habitually resided in Liberia,
who is present in the United States and who was covered by DED as of
June 30, 2022, as well as any Liberian national, or individual without
nationality who last habitually resided in Liberia, who has been
continuously physically present in the United States since May 20,
2017.\1\ Through this Notice, as directed by the President, DHS is
establishing procedures for individuals covered by DED for Liberians to
apply for EADs valid through June 30, 2024, and is automatically
extending the validity of DED-based EADs bearing a Category Code of A-
11 and a ``Card Expires'' date of March 30, 2020, January 10, 2021, or
June 30, 2022, through June 30, 2024.
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\1\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending and Expanding
Eligibility for Deferred Enforced Departure for Liberians, June 27,
2022, <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/">https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/</a> (reprinted at 87 FR 38871
(June 29, 2022)).
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What is deferred enforced departure (DED)?
<bullet> DED is an administrative deferral of removal ordered by
the President. The authority to extend DED arises from the President's
constitutional authority to conduct the foreign relations of the United
States. The President can authorize DED for any reason related to this
authority. DED has been authorized in situations where foreign
nationals or other groups of noncitizens may face danger if required to
return to countries or any part of such foreign countries experiencing
political instability, conflict, or other unsafe conditions, or when
there are other foreign policy reasons for allowing a designated group
of noncitizens to remain in the United States.
<bullet> Although DED is not a specific immigration status,
individuals covered by DED are not subject to removal from the United
States, usually for a designated period of time. Furthermore, the
President may direct that certain benefits, such as employment
authorization or travel authorization, be available to the noncitizens
covered by the DED directive.
<bullet> If the President provides for employment or travel
authorization, USCIS administers those benefits. USCIS publishes a
Federal Register notice to inform the covered population on how to
apply for any benefits provided.
<bullet> The President issues directives regarding DED and who is
covered via presidential memorandum. The qualification requirements for
individuals who are covered by DED are based on the terms of the
President's directive regarding DED and any relevant implementing
requirements established by DHS. Since DED is a directive to defer
removal of an individual, rather than a specific immigration status
like Temporary Protected Status (TPS), there is no DED application form
required for an individual to be covered by DED. Form I-765
(Application for Employment Authorization) may be filed if a DED-
covered individual wants an EAD.
Background
The President has determined that there are compelling foreign
policy reasons to extend and expand DED for Liberians. In his June 27,
2022 memorandum, he explained that ``[p]roviding protection from
removal and work authorization to these Liberians, for whom we have
long authorized TPS or DED in the United States, including while they
complete the [Liberian Refugee Immigration Fairness] (LRIF) status-
adjustment process, honors the historic close relationship between the
United States and Liberia and is in the foreign policy interests of the
United States.''
The United States established diplomatic relations with Liberia in
1864, 17 years after it declared independence from the American
Colonization Society, an organization that resettled free African
Americans and freed slaves in Liberia.\2\ Since 1991, the United States
has provided safe haven for Liberians who were forced to flee their
country as a result of armed conflict and widespread civil strife.
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\2\ U.S. Department of State, ``U.S. Relations With Liberia''
(Aug 2, 2019), <a href="https://www.state.gov/u-s-relations-with-liberia/">https://www.state.gov/u-s-relations-with-liberia/</a>.
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<bullet> Due to ongoing civil war, Liberia was first designated for
TPS for 12 months effective March 27, 1991, with successive extensions
by Attorneys General under President George H.W. Bush and President
Clinton to September 28, 1998,\3\ and a new
[[Page 54517]]
designation (also termed ``redesignation'') from September 29, 1998,
until September 28, 1999.\4\
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\3\ See Designation of Liberia Under Temporary Protected Status
Program, 56 FR 12746 (Mar. 27, 1991) and Extension of Designation of
Liberia Under Temporary Protected Status Program, 57 FR 2932 (Jan.
24, 1992), 58 FR 7898 (Feb. 10, 1993), 59 FR 9997 (Mar. 2, 1994), 60
FR 16163 (Mar. 29, 1995), 61 FR 8076 (Mar. 1, 1996), Extension of
Designation and Redesignation of Liberia Under Temporary Protected
Status Program, 62 FR 16608 (Apr. 7, 1997), Termination of
Designation of Liberia Under Temporary Protected Status Program
After Final 6-Month Extension, 63 FR 15437 (Mar. 31, 1998).
\4\ See Redesignation of Liberia Under Temporary Protected
Status Program, 63 FR 51958 (Sept. 29, 1998).
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<bullet> Although Attorney General (AG) Reno announced the
termination of TPS effective September 28, 1999,\5\ President Clinton
authorized DED of certain Liberians in the United States until
September 29, 2000, citing the fragile political and economic situation
in the country at the time,\6\ and DED was subsequently extended
through September 29, 2002.\7\
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\5\ See Termination of Designation of Liberia Under the
Temporary Protected Status Program, 64 FR 41463 (Jul. 30, 1999).
\6\ See Presidential Memorandum for the Attorney General on
Measures Regarding Certain Liberians in the United States, Sept. 27,
1999, <a href="https://clintonwhitehouse6.archives.gov/1999/09/1999-09-27-memorandum-on-liberians.html">https://clintonwhitehouse6.archives.gov/1999/09/1999-09-27-memorandum-on-liberians.html</a>.
\7\ See Presidential Memorandum for the Attorney General on
Measures Regarding Certain Liberians in the United States, Sept. 25,
2001, <a href="https://georgewbush-whitehouse.archives.gov/news/releases/2001/09/text/20010925-7.html">https://georgewbush-whitehouse.archives.gov/news/releases/2001/09/text/20010925-7.html</a>.
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<bullet> In October 2002, due to the outbreak of another civil war,
AG Ashcroft designated Liberia for TPS from October 1, 2002 to October
1, 2003 and subsequently, Secretaries of Homeland Security redesignated
Liberia for TPS and extended the designation through October 1,
2006.\8\ Secretary Chertoff announced the termination of TPS for
Liberia effective October 1, 2007.\9\ In September 2007, President Bush
announced DED of certain Liberians in the United States for 18 months,
from October 1, 2007 until March 31, 2009.\10\ Following this DED
authorization, DED was extended 5 times: (1) from March 31, 2009, for
18 months; \11\ (2) from March 31, 2010, for 18 months; \12\ (3) from
September 30, 2011, for 18 months; \13\ (4) from March 31, 2013, for 18
months; \14\ and (5) from October 1, 2014, for 24 months.\15\
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\8\ See Designation of Liberia Under the Temporary Protected
Status Program, 67 FR 61664 (Oct. 1, 2002), Extension of the
Designation of Liberia Under the Temporary Protected Status Program,
68 FR 46648 (Aug. 6, 2003), Termination and Re-designation of
Liberia for Temporary Protected Status, 69 FR 52297 (Aug. 25, 2004),
Extension of the Designation of Liberia for Temporary Protected
Status, 70 FR 48176 (Aug. 16, 2005).
\9\ See Termination of the Designation of Liberia for Temporary
Protected Status; Automatic Extension of Employment Authorization
Documentation for Liberia TPS Beneficiaries, 71 FR 55000 (Sept. 20,
2006).
\10\ See Presidential Memorandum for the Secretary of Homeland
Security on Measures Regarding Certain Liberians in the United
States, Sept. 12, 2007, <a href="https://georgewbush-whitehouse.archives.gov/news/releases/2007/09/20070912-10.html">https://georgewbush-whitehouse.archives.gov/news/releases/2007/09/20070912-10.html</a>.
\11\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 23,
2009, <a href="https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-regarding-deferred-enforced-departure-liberians">https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-regarding-deferred-enforced-departure-liberians</a>.
\12\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 19,
2010, <a href="https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-deferred-enforced-departure-liberians">https://obamawhitehouse.archives.gov/the-press-office/presidential-memorandum-deferred-enforced-departure-liberians</a>.
\13\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Aug. 16,
2011, <a href="https://obamawhitehouse.archives.gov/the-press-office/2011/08/16/memorandum-president-regarding-deferred-enforced-departure-liberians">https://obamawhitehouse.archives.gov/the-press-office/2011/08/16/memorandum-president-regarding-deferred-enforced-departure-liberians</a>.
\14\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Mar. 15,
2013, <a href="https://obamawhitehouse.archives.gov/the-press-office/2013/03/15/presidential-memorandum-deferred-enforced-departure-liberians">https://obamawhitehouse.archives.gov/the-press-office/2013/03/15/presidential-memorandum-deferred-enforced-departure-liberians</a>.
\15\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Sept. 26,
2014, <a href="https://obamawhitehouse.archives.gov/the-press-office/2014/09/26/presidential-memorandum-deferred-enforced-departure-liberians">https://obamawhitehouse.archives.gov/the-press-office/2014/09/26/presidential-memorandum-deferred-enforced-departure-liberians</a>.
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<bullet> In November 2014, Secretary Johnson designated Liberia for
TPS from November 21, 2014, through May 21, 2016, due to an outbreak of
Ebola virus disease in West Africa.\16\ TPS for Liberia was then
extended from May 22, 2016, through November 21, 2016.\17\ In September
2016, Secretary Johnson announced a six-month extension of TPS benefits
for an orderly transition before termination of Liberia's TPS
designation effective May 21, 2017.\18\
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\16\ See Designation of Liberia for Temporary Protected Status,
79 FR 69502 (Nov. 21, 2014).
\17\ See Extension of the Designation of Liberia for Temporary
Protected Status, 81 FR 15328 (Mar. 22, 2016).
\18\ See Six-Month Extension of Temporary Protected Status
Benefits for Orderly Transition Before Termination of Liberia's
Designation for Temporary Protected Status, 81 FR 66059 (Sept. 26,
2016).
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<bullet> In September 2016, President Obama extended DED for
Liberians from October 1, 2016, for 18 months.\19\ In March 2018,
President Trump announced the expiration of DED for Liberians effective
March 31, 2019, following a 12-month wind-down period.\20\ In March
2019, President Trump announced the extension of DED for Liberians for
an additional 12-month wind-down period through March 30, 2020.\21\
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\19\ See Presidential Memorandum for the Secretary of Homeland
Security on Deferred Enforced Departure for Liberians, Sept. 28,
2016, <a href="https://obamawhitehouse.archives.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians">https://obamawhitehouse.archives.gov/the-press-office/2016/09/28/presidential-memorandum-deferred-enforced-departure-liberians</a>.
\20\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security, Mar. 27, 2018, <a href="https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/">https://trumpwhitehouse.archives.gov/presidential-actions/presidential-memorandum-secretary-state-secretary-homeland-security/</a>.
\21\ See Presidential Memorandum on Extension of Deferred
Enforced Departure for Liberians, Mar. 28, 2019, <a href="https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/">https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extension-deferred-enforced-departure-liberians/</a>.
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<bullet> On December 20, 2019, President Trump signed the National
Defense Authorization Act (NDAA) for Fiscal Year 2020 (Pub. L. 116-92)
which included a provision titled ``Liberian Refugee Immigration
Fairness'' (LRIF). LRIF provided certain Liberians, including those who
had been continuously physically present in the United States since
November 20, 2014, as well as their spouses, children, and unmarried
sons or daughters, the ability to adjust their status to that of a U.S.
Lawful Permanent Resident. Under this provision, eligible Liberian
nationals and eligible family members had until December 20, 2020, to
apply for adjustment of status.\22\
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\22\ See National Defense Authorization Act for Fiscal Year
2020, Public Law 116-92, Title LXXVI--Other Matters, Section 7611
Liberian Refugee Immigration Fairness, <a href="https://www.govinfo.gov/content/pkg/PLAW-116publ92/html/PLAW-116publ92.htm">https://www.govinfo.gov/content/pkg/PLAW-116publ92/html/PLAW-116publ92.htm</a>.
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<bullet> In March 2020, President Trump issued a memorandum
extending the wind-down period for DED for Liberians through January
10, 2021.\23\ In December 2020, the Consolidated Appropriations Act,
2021 (Pub. L. 116-260) extended the LRIF application deadline for an
additional year, from December 20, 2020, to December 20, 2021.\24\
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\23\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending the Wind-Down Period
for Deferred Enforced Departure for Liberians, Mar. 30, 2020,
<a href="https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/">https://trumpwhitehouse.archives.gov/presidential-actions/memorandum-extending-wind-period-deferred-enforced-departure-liberians/</a>.
\24\ See Consolidated Appropriations Act, 2021, Part 1, Public
Law 116-260, Dec. 27, 2020, Division O--Extensions and Technical
Corrections, Title IX--Adjustment of Status for Liberian Nationals
Extension, Section 901, <a href="https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf">https://www.congress.gov/116/plaws/publ260/PLAW-116publ260.pdf</a>.
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<bullet> In January 2021, President Biden reinstated DED for
Liberians from January 10, 2021 through June 30, 2022, with limited
exclusions for certain ineligibilities.\25\ In June 2022, President
Biden extended and expanded DED for Liberians from June 30, 2022
through June 30, 2024.\26\ In addition to those
[[Page 54518]]
individuals who were covered by DED on June 30, 2022, President Biden
expanded DED coverage to certain Liberians, and individuals without
nationality who last habitually resided in Liberia, who have been
continuously physically present in the United States since May 20,
2017, and are not subject to the categories of individuals excluded
from DED by the President's Memorandum.
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\25\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Reinstating Deferred Enforced
Departure for Liberians, Jan. 20, 2021, <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-liberians/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/reinstating-deferred-enforced-departure-for-liberians/</a>.
\26\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending and Expanding
Eligibility for Deferred Enforced Departure for Liberians, June 27,
2022, <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/">https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/</a>.
Ur M. Jaddou,
Director, U.S. Citizenship and Immigration Services.
Eligibility and Employment Authorization for DED
How will I know if I am eligible for employment authorization under the
DED presidential memorandum for liberians?
The procedures for employment authorization in this Notice apply to
non-U.S. citizens who are Liberian nationals, or individuals without
nationality who last habitually resided in Liberia, who are present in
the United States and who were covered by DED as of June 30, 2022, as
well as any Liberian nationals, or individuals without nationality who
last habitually resided in Liberia, who have been continuously
physically present in the United States since May 20, 2017, except for
noncitizens:
<bullet> Who would be ineligible for TPS for the reasons provided
in section 244(c)(2)(B) of the Immigration and Nationality Act, 8
U.S.C. 1254a(c)(2)(B); \27\
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\27\ This section includes the nonwaivable ineligibility grounds
for TPS regarding convictions for any felony or two or more
misdemeanors committed in the United States, and the bars to asylum
that also apply to TPS in INA, 208(b)(2)(A). See INA, 244(c)(2)(B);
8 U.S.C. 1254a(c)(2)(B).
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<bullet> Who sought or seek Lawful Permanent Residence status under
the Liberian Refugee Immigration Fairness (LRIF) provision but whose
applications have been or are denied by the Secretary of Homeland
Security due to ineligibility for the LRIF provision under sections
7611(b)(1)(C) and (b)(3) of the National Defense Authorization Act
(NDAA);
<bullet> Whose removal the Secretary of Homeland Security
determines is in the interest of the United States, subject to the LRIF
provision;
<bullet> Whose presence or activities in the United States the
Secretary of State has reasonable grounds to believe would have
potentially serious adverse foreign policy consequences for the United
States;
<bullet> Who have voluntarily returned to Liberia or their country
of last habitual residence outside the United States for an aggregate
period of 180 days or more, as specified in subsection (c)(2) of the
LRIF provision; or
<bullet> Who are subject to extradition.
What will I need to file if I am covered by DED and would like to
obtain an EAD?
If you are covered by DED for Liberians and want a DED-based EAD,
you must file an Application for Employment Authorization (Form I-765).
Please carefully follow the Form I-765 instructions when completing the
application for an EAD. When filing the Form I-765, you must:
<bullet> Indicate that you are eligible for DED by entering
``(a)(11)'' in response to Question 27 on the Form I-765; and
<bullet> Submit the fee for the Form I-765 (or request a fee
waiver).
The regulations require individuals covered by DED who request an
EAD to pay the fee prescribed in 8 CFR 103.7 for the Form I-765. See
also 8 CFR 274a.12(a)(11) (employment authorization for DED-covered
individuals); and 8 CFR 274a.13(a) (requirement to file EAD application
if EAD desired). If you are unable to pay the fee, you may request a
fee waiver by submitting a Request for Fee Waiver (Form I-912).
If you currently have a DED-based EAD bearing a Category Code of A-
11 and a ``Card Expires'' date of March 30, 2020, January 10, 2021, or
June 30, 2022, and are covered by DED via the June 27, 2022
Presidential Memorandum, your EAD is automatically extended through
June 30, 2024, even though its facial expiration date has passed.
Supporting Documentation
The filing instructions on Form I-765 list all the documents
needed. You may also find information on the initial required documents
on the USCIS website at <a href="https://www.uscis.gov/i-765">https://www.uscis.gov/i-765</a>. If USCIS
determines after reviewing your submission that it needs additional
information, it will issue you a Request for Evidence (RFE).
How will I know if USCIS will need to obtain biometrics?
If biometrics are required to produce your EAD, you will be
notified by USCIS and scheduled for an appointment at a USCIS
Application Support Center.
Where do I submit my completed DED-based application for employment
authorization (Form I-765)?
For a DED-based EAD, mail your completed Form I-765 and supporting
documentation to the proper address in Table 1.
Table 1--Mailing Addresses
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If you are . . . Mail to . . .
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Mailing your form through the U.S. USCIS, Attn: DED Liberia, P.O.
Postal Service (USPS). Box 805283, Chicago, IL 60680-
5283.
Using FedEx, UPS, or DHL............... USCIS, Attn: DED Liberia (Box
805283), 131 S. Dearborn 3rd
Floor, Chicago, IL 60603-5517.
------------------------------------------------------------------------
You may file Form I-765 and Form I-131, Application for Travel
Document together or separately. More information on filing a Form I-
131 appears below.
Can I file my DED-based form I-765 electronically?
No. Electronic filing is not available when filing a DED-based Form
I-765.
What happens after June 30, 2024, to DED-based EADs?
This DED authorization is set to end on June 30, 2024. After that
date, employers can no longer accept EADs with a Category Code of A-11
and a ``Card Expires'' date of March 30, 2020, January 10, 2021, June
30, 2022, or June 30, 2024. Employees will need to present other
evidence of continued work authorization.
Travel
In its discretion, DHS may provide travel authorization as a
benefit of DED for eligible Liberian nationals, or individuals without
nationality who last habitually resided in Liberia. You must file for
travel authorization if you wish
[[Page 54519]]
to travel outside of the United States. If granted, travel
authorization gives you permission to leave the United States and
return during a specific period. To request travel authorization, you
must file Form I-131, Application for Travel Document, available at
<a href="https://www.uscis.gov/i-131">https://www.uscis.gov/i-131</a>. You may file Form I-131 together with your
Form I-765 or separately. When filing the Form I-131, you must:
<bullet> Select Item Number 1.d. in Part 2 on the Form I-131; and
<bullet> Submit the fee for the Form I-131, or request a fee
waiver, which you may submit on Form I-912, Request for Fee Waiver.
If you leave the United States without first receiving travel
authorization, you may no longer be eligible for DED and may not be
permitted to reenter the United States. Please also be advised that if
you return to Liberia, you may not be permitted to resume DED in the
United States since the presidential memorandum providing for DED for
Liberian nationals, and individuals without nationality who last
habitually resided in Liberia, excludes individuals who have
voluntarily returned to Liberia for an aggregate period of 180 days or
more.\28\
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\28\ See Presidential Memorandum for the Secretary of State and
the Secretary of Homeland Security on Extending and Expanding
Eligibility for Deferred Enforced Departure for Liberians, June 27,
2022, <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/">https://www.whitehouse.gov/briefing-room/presidential-actions/2022/06/27/memorandum-on-extending-and-expanding-eligibility-for-deferred-enforced-departure-for-liberians/</a>.
---------------------------------------------------------------------------
Mailing Information
Mail your completed Form I-131 to the proper address provided in
Table 1.
Supporting Documentation
The filing instructions for Form I-131 list all the documents you
need to include with your application. You may also find information on
the acceptable documentation and DED eligibility on the USCIS website
at <a href="https://www.uscis.gov/humanitarian/deferred-enforced-departure">https://www.uscis.gov/humanitarian/deferred-enforced-departure</a>. If
USCIS needs additional evidence, it will issue you a RFE.
General Employment-Related Information for Individuals With DED-Based
EADs and Their Employers
How can I obtain information on the status of my EAD request?
To get case status information about your DED-based EAD request,
you can check Case Status Online at <a href="https://www.uscis.gov">https://www.uscis.gov</a>, or visit the
USCIS Contact Center at <a href="https://www.uscis.gov/contactcenter">https://www.uscis.gov/contactcenter</a>. If your
Form I-765 has been pending for more than 90 days, and you still need
assistance, you may ask a question about your case online at <a href="https://egov.uscis.gov/e-request/Intro.do">https://egov.uscis.gov/e-request/Intro.do</a> or call the USCIS Contact Center at
800-375-5283 (TTY 800-767-1833).
Does this Federal Register notice automatically extend my current EAD
through June 30, 2024?
Regardless of your country of birth, if you are a national of
Liberia, or an individual having no nationality who last habitually
resided in Liberia, you were covered by DED for Liberians as of June
30, 2022, and you are covered by DED via the June 27, 2022 Presidential
Memorandum, this notice automatically extends your DED-based EAD
bearing a March 30, 2020, January 10, 2021, or June 30, 2022 ``Card
Expires'' date and an A-11 Category Code through June 30, 2024. This
means that your EAD is valid through June 30, 2024, even though the
``Card Expires'' date has passed.
When I am hired, what documentation may I show to my employer as
evidence of identity and employment authorization when completing Form
I-9?
You can find the Lists of Acceptable Documents on the third page of
Form I-9, Employment Eligibility Verification, as well as the
Acceptable Documents web page at <a href="https://www.uscis.gov/i-9-central/acceptable-documents">https://www.uscis.gov/i-9-central/acceptable-documents</a>. Employers must complete Form I-9 to verify the
identity and employment authorization of all new employees they hire.
Within three business days of hire, employees must present acceptable
document(s) to their employers as evidence of identity and employment
authorization to satisfy Form I-9 requirements and employers must
complete Section 2 of the Form I-9. For employment that will last less
than three days, Section 2 of the Form I-9 must be completed no later
than the first day of work for pay.
You may present any documentation from List A (which provides
evidence of both identity and employment authorization) or
documentation from List B (which provides evidence of your identity)
together with documentation from List C (which provides evidence of
employment authorization), or where applicable you may present an
acceptable receipt. Receipts may not be accepted if employment will
last less than three days. Additional information on receipts is
available at <a href="https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/receipts">https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents/receipts</a>. Employers may not reject a document based on a
future expiration date. You can find additional information about Form
I-9 on the I-9 Central web page at <a href="https://www.uscis.gov/I-9Central">https://www.uscis.gov/I-9Central</a>. An
EAD is an acceptable document under List A.
If I have an EAD based on another immigration status, can I obtain a
new DED-based EAD?
Yes, if you are covered by DED, you can obtain a new DED-based EAD,
regardless of whether you have an EAD based on another immigration
status. If you want to obtain a DED-based EAD valid through June 30,
2024, you must file Form I-765 and pay the associated fee.
Can my employer require that I provide any other documentation to prove
my status, such as proof of my Liberian citizenship?
No. When completing Form I-9, employers must accept any
documentation that appears on the Form I-9 Lists of Acceptable
Documents that reasonably appears to be genuine and that relates to
you, or an acceptable List A, List B, or List C receipt. Employers need
not reverify List B identity documents. Therefore, employers may not
request proof of Liberian citizenship when completing Form I-9 for new
hires or reverifying the employment authorization of current employees.
Refer to the ``Note to Employees'' section of this Federal Register
notice for important information about your rights if your employer
rejects lawful documentation, requires additional documentation, or
otherwise discriminates against you based on your citizenship or
immigration status, or your 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 Federal Register 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 <a href="/cdn-cgi/l/email-protection#aae38793e9cfc4ded8cbc6eacec2d984cdc5dc"><span class="__cf_email__" data-cfemail="f5bcd8ccb6909b81879499b5919d86db929a83">[email protected]</span></a>. USCIS accepts calls and emails in English and many
other languages. For questions about avoiding discrimination during the
employment eligibility verification process (Form I-9 and E-Verify),
employers may call the U.S. Department of Justice, Civil Rights
Division, Immigrant and Employee Rights Section (IER) Employer Hotline
[[Page 54520]]
at 800-255-8155 (TTY 800-237-2515). IER offers language interpretation
in numerous languages. Employers may also email IER at <a href="/cdn-cgi/l/email-protection#642d2136241117000b0e4a030b12"><span class="__cf_email__" data-cfemail="49000c1b093c3a2d2623672e263f">[email protected]</span></a>.
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 USCIS at <a href="/cdn-cgi/l/email-protection#cb82e6f288aea5bfb9aaa78bafa3b8e5aca4bd"><span class="__cf_email__" data-cfemail="abe28692e8cec5dfd9cac7ebcfc3d885ccc4dd">[email protected]</span></a>. USCIS accepts calls in English,
Spanish and many other languages. Employees or applicants may also call
the IER Worker Hotline at 800-255-7688 (TTY 800-237-2515) for
information regarding employment discrimination based upon citizenship,
immigration status, or national origin, including discrimination
related to Form I-9 and E-Verify. The IER Worker 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. Employers
may not require extra or additional documentation beyond what is
required for Form I-9 completion. Further, employers participating in
E-Verify who receive an E-Verify case result of Tentative Non-
confirmation (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 Form I-9 differs
from records available to DHS.
Employers may not terminate, suspend, delay training, withhold or
lower pay, or take any adverse action against an employee because of
the TNC while the case is still pending with E-Verify. A Final Non-
confirmation (FNC) case result is received when E-Verify cannot confirm
an employee's employment eligibility. An employer may terminate
employment based on a case result of FNC. Work-authorized employees who
receive a FNC may call USCIS for assistance at 888-897-7781 (TTY 877-
875-6028). For more information about E-Verify-related discrimination
or to report an employer for discrimination in the E-Verify process
based on citizenship, immigration status, or national origin, contact
IER's Worker Hotline at 800-255-7688 (TTY 800-237-2515). Additional
information about proper nondiscriminatory Form I-9 and E-Verify
procedures is available on the IER website at <a href="https://www.justice.gov/ier">https://www.justice.gov/ier</a> and the USCIS and E-Verify websites at <a href="https://www.uscis.gov/i-9-central">https://www.uscis.gov/i-9-central</a> and <a href="https://www.e-verify.gov">https://www.e-verify.gov</a>.
Note Regarding Federal, State, and Local Government Agencies (Such as
Departments of Motor Vehicles)
For Federal purposes, if you present an automatically extended DED-
based EAD referenced in this Federal Register notice, you do not need
to show any other document, such as a Form I-797C, Notice of Action or
this Federal Register notice, to prove that you qualify for this
extension. While Federal Government agencies must follow the guidelines
laid out by the Federal Government, 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 your DHS-issued documentation showing you are
covered by DED and/or showing you are authorized to work based on DED.
Examples of such documents are:
<bullet> Your current EAD with a DED Category Code of A-11, even if
your country of birth noted on the EAD does not reflect the DED
designated country of Liberia; or
<bullet> Your Form I-797C, Notice of Action, reflecting approval of
your Form I-765.
Check with the government agency requesting documentation regarding
which documentation the agency will accept.
Some state and local government agencies use the Systematic Alien
Verification for Entitlements (SAVE) program to confirm the current
immigration status of applicants for public benefits. While SAVE can
verify that an individual is covered by DED, each state and local
government agency's procedures govern whether they will accept an
unexpired EAD or Form I-797C. If an agency accepts the type of DED-
related document you present, such as a DED-based EAD, the agency
should accept your automatically extended EAD, regardless of the
country of birth listed on the EAD. It may assist the agency if you:
a. Give the agency a copy of the relevant Federal Register notice
showing the EAD extension in addition to presenting your recent EAD
with your A-Number or USCIS number;
b. Explain that SAVE will be able to verify the continuation of DED
using this information; and
c. Ask the agency to submit a SAVE verification request with your
information and follow through with additional verification steps, if
necessary, to obtain a final SAVE response verifying your coverage
under DED.
In most cases, SAVE provides an automated electronic response to
benefit-granting agencies within seconds, but occasionally verification
can be delayed. You can check the status of your SAVE verification by
using CaseCheck at <a href="https://save.uscis.gov/casecheck">https://save.uscis.gov/casecheck</a>. CaseCheck is a
free service that lets you follow the progress of your SAVE
verification using your date of birth and one immigration identifier
number (A-Number or USCIS number) or Verification case number. If 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 on or will act on a SAVE verification and you do not
believe the response is correct, the SAVE website, <a href="https://www.uscis.gov/save">https://www.uscis.gov/save</a>, has detailed information on how to make corrections
or update your immigration record, make an appointment, or submit a
written request to correct records.
[FR Doc. 2022-19207 Filed 9-2-22; 8:45 am]
BILLING CODE 9111-97-P
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</html>Indexed from Federal Register on September 6, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.