Federal Register - August 3, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 146 / Tuesday, August 3, 2021 / Notices
receipt. Employers need not reverify List B identity documents. Employers may not request proof of Haitian citizenship or proof of registration for TPS when completing Form I9 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. Employers can refer to the compliance notice that DHS
published on December 9, 2020 for information on how to complete the Form I9 with TPS EADs that DHS
extended through October 4, 2021.71

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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 8884644218 TTY 877875
6028 or email USCIS at I-9Central@
uscis.dhs.gov. 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 at 8002558155 TTY 8002372515.
IER offers language interpretation in numerous languages. Employers may also email IER at IER@usdoj.gov.
Note to Employees For general questions about the employment eligibility verification process, employees may call USCIS at 8888977781 TTY 8778756028 or email USCIS at I-9Central@
uscis.dhs.gov. USCIS accepts calls in English, Spanish and many other languages. Employees or job applicants may also call the IER Worker Hotline at 8002557688 TTY 8002372515 for information regarding employment 71 See Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal, 85 FR 79208, Dec. 9, 2020.

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discrimination based on citizenship, immigration status, or national origin, including discrimination related to Form I9 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 as described in the Form I9
Instructions. Employers may not require extra or additional documentation beyond what is required for Form I9
completion. Further, employers participating in E-Verify who receive an E-Verify case result of Tentative Nonconfirmation 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 I9 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 a TNC
while the case is still pending with EVerify. A Final Nonconfirmation FNC
case result is received when E-Verify cannot confirm an employees employment eligibility. An employer may terminate employment based on a case result of FNC. Work-authorized employees who receive an FNC may call USCIS for assistance at 8888977781
TTY 8778756028. 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 IERs Worker Hotline at 800
2557688 TTY 8002372515.
Additional information about proper nondiscriminatory Form I9 and EVerify procedures is available on the IER website at justice.gov/ier and the USCIS and E-Verify websites at uscis.gov/i-9-central and e-verify.gov.
Note Regarding Federal, State, and Local Government Agencies Such as Departments of Motor Vehicles This Federal Register Notice does not invalidate the compliance notice DHS
issued on December 9, 2020, which extended the validity of certain TPS
documentation through October 4, 2021, and does not require individuals to present an I797, Notice of Action. For Federal purposes, individuals approved for TPS may show their Form I797, Notice of Action, indicating approval of their Form I821 application, or their
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A12 EAD including those that have been extended to prove that they have TPS. USCIS can also confirm whether an individual has TPS if they show a C19 EAD, which indicates prima facie eligibility for TPS. 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 they require you 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 with documents that show you are covered under TPS or show you are authorized to work based on TPS. Examples of such documents are:
Your new EAD with a category code of A12 or C19 for TPS;
Your Form I94, Arrival/Departure Record; or Your Form I797, the notice of approval, for a current Form I821, if you received one from USCIS.
Check with the government agency regarding which documents the agency will accept.
Some benefit-granting agencies use the Systematic Alien Verification for Entitlements SAVE program to confirm the current immigration status of applicants for public benefits. SAVE can verify when an individual has TPS
based on the documents above. 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 uscis.gov/save/save-casecheck, then by clicking the Check Your Case button.
CaseCheck is a free service that lets you follow the progress of your SAVE
verification using your date of birth and SAVE verification case number or an immigration identifier number that you provided to the benefit-granting agency.
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 agencys 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, find detailed information on how to make corrections or update your immigration record, make an appointment, or submit a written request for information about
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Federal Register - August 3, 2021

TitoloFederal Register

PaeseStati Uniti

Data03/08/2021

Conteggio pagine197

Numero di edizioni7794

Prima edizione14/03/1936

Ultima edizione12/06/2026

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