What is the purpose of extending employment authorization to certain Haitian nationals?

    On December 23, 1997, the President ordered the Attorney General to grant DED for 1 year to certain Haitian nationals. On October 21, 1998, the President signed into law the Fiscal Year 1999 Omnibus Appropriations Act, Public Law 105-277. Title IX of Public Law 105-277 contains the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA). Specifically, section 902 of HRIFA allows certain Haitian nationals to adjust status to that of a lawful permanent resident. The Attorney General issued the HRIFA regulati ons in an interim rule published in the Federal Register at 64 FR 25756 on May 12, 1999. That rule allows qualified aliens to submit applications for adjustment of status under the HRIFA during the period from June 11, 1999, until March 31, 2000.

    The employment authorization for Haitian nationals covered by DED was originally scheduled to expire in December 1998. In order to allow these aliens to maintain their employment authorization until they could obtain a new EAD in connection of their DED-related EADs until December 22, 1999, through a notice in the Federal Register (63 FR 68799 (December 14, 1998)). At the time this notice was published, the Service anticipated that the HRIFA regulations would have been issued earlier than May 12, 1999, which is when they were actually issued. Because of this unanticipated delay, affected aliens had less time to apply for adjustment of status under HRIFA and receive an EAD based upon this application before the expiration of their DED-related EAD. Therefore, the Service has decided to extend the validity of the DED-related EADs for a second time, until September 30, 2000.

    This automatic extension of DED-related EADs will expire on September 30, 2000. Affected Haitian nationals who will need work authorization after September 30, 2000, should file an application for adjustment of status pursuant to HRIFA and related EAD applications as soon as possible to ensure continuous employment authorization if they have not already done so. In any event, all applications for adjustment of status under the HRIFA must be filed by March 31, 2000.

Can an applicant who was eligible for DED under the December 23, 1997, President order still apply for employment authorization if he or she has not already done so?

No. The grant of DED for certain Haitian nationals expired on December 22, 1998. Therefore, the Service cannot accept new applications for DED-related employment authorization under that program. However, Haitian nationals without employment authorization who qualify for adjustment of status under the HRIFA may apply immediately for adjustment of status under HRIFA, and they can also apply for related employment authorization in connection with a HRIFA application.

Who is eligible to receive an automatic extension of employment authorization?

To be eligible for an automatic extension of employment authorization, an individual must be a national of Haiti who previously applied for and was issued an EAD under the December 23, 1997, Presidential order mandating DED for Haitians.

    This second automatic extension is limited to EADs bearing the notation:

    ·     "A-11" on the face of the card under "Category" for EADs issued on Form I-766; or,

    ·     "274A.12(A)(11)" on the face of the card under "Provision of Law" for EADs issued on Form I-688B.

Does a qualified individual have to apply to the Service for an extension of their DED-related EAD?

    No, the extension is automatic. However as discussed below, qualified individuals are encouraged to retain a copy of this Federal Register notice for purposes of the employment verification process.

What should an individual do if they have lost their DED-related EAD?

    An individual who has lost his or her DED-related EAD has two options:

    (1) The individual can submit an Application for Employment Authorization, Form I-765, with $100 fee or fee waiver request, to the Texas Service Center to obtain a replacement card. Applications for replacement cards should be mailed to the following address: United States Immigration and Naturalization Service, Texas Service Center, P.O. Box 152122, Department A, Irving, Texas 75015-2122; or,

    (2) If eligible, the individual can submit an application for adjustment of status under the HRIFA and the related employment authorization with the appropriate fee to the Nebraska Service Center. Both the application for adjustment of status under the HRIFA and the application for employment authorization should be addressed as follows: United States Immigration and Naturalization Service, Nebraska Service Center, P.O. Box 87245, Lincoln, NE 68501-7245. Applicants for adjustment of status under the HRIFA m ust file their applications for adjustment on or before March 31, 2000.

    The DED-related replacement EADs are valid until September 30, 2000. The EADs issued on the basis of HRIFA-related applications for adjustment of status will be valid for 1 year from the date of

approval.

How can eligible Haitian nationals obtain HRIFA-related employment authorization?

    On May 12, 1999, the Attorney General issued an interim rule at 64 FR 25756, implementing section 902 of the HRIFA by establishing procedures for certain nationals of Haiti who have been residing in the United States to apply for lawful permanent resident status in this country. The interim rule includes instructions for obtaining employment authorization based upon a pending HRIFA-based application for adjustment of status. Qualified Haitian nationals filing as principal applicants must file for adjustment of status on or before March 31, 2000.

    An applicant for adjustment of status under the HRIFA who wishes to obtain initial employment authorization, or continued employment authorization when his or her prior authorization expires during the pendency of the adjustment of status application, may file an Application for Employment Authorization (Form I-765) with the Service.

When do beneficiaries of HRIFA have to file an application for new work authorization?

    Qualified Haitian nationals filing as principal applicants must file an application for adjustment of status under the HRIFA on or before March 31, 2000. Therefore, applicants are encouraged to submit their complete HRIFA-related adjustment applications as quickly as possible. While there is a statutory deadline for HRIFA application for adjustment of status for principal applicants, there is no deadline to file for HRIFA-related employment authorization, or for dependents to file for adjustment. However, t he adjudication of an employment authorization application and issuance of an EAD may take up to 180 days not including the round-trip mailing time. Since the automatic extension of the DED-related EADs will expire on September 30, 2000, Haitian DED grantees who apply for adjustment of status under the HRIFA are encouraged to submit their complete HRIFA-related adjustment applications and their work authorization applications as soon as possible, so that they may receive their HRIFA-based EADs before their DED-related EADs expire.

What documents can a qualified individual show to his or her employer as proof of employment authorization and identity when completing the Employment Eligibility Verification Form (Form I-9)?

    For completion of the Form I-9 at the time of hire or reverification, qualified Haitian nationals who have received an extension of employment authorization by virtue of this Federal Register notice can present to their employer their DED-related EAD as proof of valid employment authorization and identity until September 30, 2000. To minimize confusion over this extension at the time of hire or re-verification, qualified Haitian nationals may also present to their employer a copy of this Federal Register notice regarding the extension of employment authorization to September 30, 2000. In the alternative to presenting a DED-related EAD, any legally acceptable document or combination of documents listed in List A, List B, or List C of the Form I-9 may be presented as proof of identity and employment eligibility; it is the choice of the employee.

How can employers determine which EADs that have been automatically extended through September 30, 2000, are acceptable for completion of the Form I-9?

For purposes of verifying identity and employment eligibility or re-verifying employment eligibility on the Form I-9 until September 30, 2000, employers of DED Haitian nationals whose employment authorization has been automatically extended by this notice must accept an EAD that bears the notation:

    ·     " A-11" on the face of the card under "Category" for EADs issued on Form I-766; or,

    ·     " 274A.12(A)(11)" on the face of the card under "Provision of Law" for EADs issued on Form I-688B.

    New EADs or extension stickers showing the automatic September 30, 2000, expiration date will not be issued. Employers should not request proof of Haitian citizenship. Employers presented with an EAD that has been extended by this Federal Register notice and that appears to be genuine and to relate to the employee should accept the document as a valid List A document and should not ask for additional I-9 documentation. This action by the Service through this notice in the Federal Register does not affect the right of an employee to present any legally acceptable document as proof of identity and eligibility for employment. Employers are reminded that the laws prohibiting unfair immigration-related employment practices remain in full force. Employers may call the Service's Office of Business Liaison employer hotline at 1-800-357-2099 to speak to a Service representative about this Notice. Employers can also call the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-255-8155. Employees or applicants can call the OSC Employee Hotline at 1-800-255-7688 about the automatic extension.

How should employers fill-out the Form I-9 if an employee presents, at the time of hire or re-verification, an EAD that has been extended by this Federal Register notice?

    To complete the Form I-9 at the time of hire or re-verification for an employee who presents an EAD card that has been automatically extended by this Federal Register notice, the employer should include or add the following information under Section 2 (in List A) or Section 3 of the Form I-9, as appropriate:

    (1)     Record the document identification information of the EAD; and

    (2)     Record September 30, 2000, for the document expiration date.

    If the employee presents a copy of this Federal Register notice, the employer should note on Form I-9 his or her review of this document.

December 16, 1999 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.