The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs; the H-2B program allows U.S. employers to bring foreign nationals to the United States for temporary nonagricultural jobs. USCIS, with limited exception, approves petitions only for nationals of countries designated by the Secretary of Homeland Security as eligible to participate in the H-2A and H-2B programs. A new list of eligible countries publishes in a Federal Register notice on January 18, 2011 , and the designations are valid for one year from the date of publication.

Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs:  Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu.  Of these countries, the following were designated for the first time this year:  Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.

After considering a number of relevant factors under the governing regulations, the Department of Homeland Security and the Department of State have determined that Indonesia currently does not warrant a renewed designation as a participating country in the H-2A and H-2B programs for 2011.

This new list does not affect the status of individuals who currently hold valid H-2A or H-2B visas or status. A national from a country that is not on the list may be the beneficiary of an approved H-2A and H-2B petition if the Secretary of Homeland Security determines, in her sole and unreviewable discretion, that it is in the U.S. interest for the alien to be a beneficiary of the petition.

Contact the Immigration Attorneys at Garces & Grabler, P.C.

Get more immigration information

U. S. Citizenship and Immigration Services (USCIS) will process immigration applications for TPS filed by nationals of Haiti (and other individuals without nationality who last habitually resided in Haiti). Additional information was published in the Federal Register on Jan. 21, 2010 announcing the Secretary’s decision to designate TPS for Haiti. DHS estimates that approximately 100,000 to 200,000 individuals will be eligible for TPS.

Questions and Answers

Q. What is Temporary Protected Status?

TPS is granted by the Secretary of Homeland Security to eligible nationals of a certain country (or persons without nationality who last habitually lived in that country) who have experienced temporary negative conditions, such as armed conflict, environmental disaster, or extraordinary and temporary conditions, that prevent nationals of the country from returning safely or for the country to handle their return adequately. TPS allows for beneficiaries to remain in the United States and legally work for a set time period until they can safely return home. (See Section 244 of the Immigration and Nationality Act (INA), 8 U.S.C. § 1254a.)

Q. I am a Haitian national; and currently I cannot return to Haiti due to the earthquake and would like to apply for TPS. Am I eligible to apply for TPS?

To qualify, you must:

• Be a national of Haiti, or a person without nationality who last habitually resided in Haiti;

• Have continuously resided in the United States since Jan. 12, 2010.

• Have been continuously physically present in the United States since the date of the Federal Register Notice publication, which will be Jan. 21, 2010.

• Meet certain immigrant admissibility requirements, and other TPS eligibility requirements (See INA § 244(c), 8 U.S.C. § 1254a and 8 C.F.R. §§ 244.2 – 244.4)

• Satisfactorily complete all TPS application procedures as described in the Federal Register notice announcing Haitian TPS, the TPS application instructions (Form I-821), and regulations at 8 C.F.R. §§ 244.6 – 244.9.

Q. If I am a student or have another immigration status, can I also apply for TPS?

A.  Yes.  If you are eligible, you may have TPS in addition to your other status.

Q. Who is a Haitian national?

A.  Section 101(a)(21) of the INA defines a “national” as “a person owing permanent allegiance to a state.”  USCIS also looks to Haitian law to determine who meets the definition of a national.  Haiti’s constitution states “any person born of a Haitian father or Haitian mother who are themselves native-born Haitians and have never renounced their nationality possesses Haitian nationality at the time of their birth.”  A person can also acquire Haitian citizenship through naturalization under Haitian law.  There are circumstances under which a Haitian can lose his or her citizenship, such as voluntary renunciation of Haitian citizenship.  You will be accepted as a Haitian national for TPS purposes if you provide documentary support that satisfactorily demonstrates you meet the criteria for such a national as defined by Haitian law.  If you have any questions as to whether you are a Haitian national, USCIS encourages you to contact a consulate or embassy of Haiti, and obtain private legal assistance, where necessary.

Q. When can I submit my initial application for TPS?

A.  The registration period began on Jan. 21, 2010, the date the Federal Register Notice is published, and continues through January 18, 2011. You must file during the registration period and your application must be postmarked on or before the last day of the registration period.

Q. How do I apply for TPS?

A.  You must register for TPS by filing both an Application for Temporary Protected Status, Form I-821, and an Application for Employment Authorization, Form I-765, with any appropriate fees (see table below) or fee waiver requests, and supporting documentation.

PLEASE NOTE:
You must use the Form I-821 version dated Oct. 17, 2007 or later and the Form I-765 version dated May 27, 2008 or later. Failure to use these versions of the forms may result in rejection of your applications.
You must take care in filling out the forms and ensure that all questions are answered. Failure to completely answer any questions may result in a delay of case processing. Please see the separate document on “Tips for Filing Form I-821″.

Q. Where can I obtain the necessary forms for TPS?

A.  TPS forms are available by calling the toll-free USCIS Forms Hotline (800) 870-3676 or by selecting Forms on the USCIS Web site.

Q. What if I cannot afford to pay for filing and/or biometrics fees?

A.  If you are unable to pay the fees, you may request a fee waiver for the TPS application fee (Form I-821), the Employment Authorization Document (EAD) application fee (Form I-765) and the biometrics fee. You may also request a fee waiver for the application for a waiver of a ground of inadmissibility (Form I-601), if your case requires such a waiver. The fee for an application for an advance parole travel document (Form I-131) is non-waivable. To apply for a fee waiver, you must submit a written statement, made under oath, affirmation, or pursuant to 28 U.S.C. 1746 containing the statement:  “I declare under penalty of perjury that the foregoing is true and correct,” requesting a fee waiver(s) and stating the reasons why you are unable to pay the filing fee(s) or the separate biometrics fee. This statement must be on the request.  If it is not, the request will be denied.  You must also state which specific fees you are requesting to be waived in your sworn statement.

The signed written statement and any supporting documentation must be submitted along with your benefit application(s).Your fee waiver request must explain why you are unable to pay the fees and also include:

• Any evidence that you are receiving a federal or state means-tested public benefit (e.g., Medicaid, food and nutrition benefits (SNAP program), housing assistance, etc.),*

• Your monthly Gross Income from all sources for each of the three months prior to the filing of the fee waiver request,

• A list of all assets owned, possessed or controlled by you or your dependents,

• Your monthly essential expenditures , including any extraordinary expenses (e.g., high medical bills), for each of the three months prior to the filing of the fee waiver request,

• A list of your dependents in the United States, their address and relationship to you, and any income earned or received by your dependents,

• Any evidence of humanitarian considerations (e.g., disability, age, homelessness, unemployment),* and

• Any other information that you believe supports your inability to pay the fees that you would like waived.

*The starred items are not mandatory requirements, however such evidence will be given significant weight in determining your eligibility for a fee waiver.

Q. What type of basic supporting documentation must I submit?

A.  The filing instructions for Form I-821 list all the documents needed to establish basic eligibility for TPS. In addition to your applications, you must submit:

• Two color passport-style photographs of yourself;

• Evidence that you are a national of Haiti or a person with no nationality who last habitually resided in Haiti.  (See responses to questions below for examples of documentation that may be submitted to demonstrate that you meet this requirement for TPS).

• Evidence that you have continuously resided in the United States since January 12, 2010; and have been continuously physically present in the United States since Jan. 21, 2010, the date of the publication of the Federal Register Notice (such as letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and residence in the United States.)

Depending on the nature of the questions you are addressing in the Form I-821, you may also need to submit written explanations of certain answers.  Please read the instructions to the Form I-821 carefully.

Q. What is acceptable evidence of Haitian nationality?  What if I cannot get the documentation proving that I am a Haitian national due to the devastation in my country?

A.  There are many different types of documents you can submit to us proving you are a Haitian national, such as a copy of your Haitian passport, a copy of your Haitian Identity Card, a copy of your Haitian naturalization documentation, a copy of your birth certificate, copies of your Haitian school records (if you have them), your baptismal certificate, or nationality documentation issued by a Haitian Embassy or Consulate in the U.S. These are examples of primary evidence. In some instances, additional evidence showing that one of your parents is a Haitian national may be required if it is not clear from the totality of the documentation you provided that you or a parent is Haitian.  This is because under Haiti’s law, an individual must have been born to a Haitian national parent in order to be a Haitian national himself or herself, or the individual must be a naturalized Haitian. Some Haitian TPS applicants will have a passport or a Haitian Identity Card, but we recognize that the earthquake in Haiti will prevent some applicants from being able to obtain a passport or certain other documents.  Please note that you can submit a copy of your Haitian passport to us, even if it has expired. If you do not have any primary evidence of your Haitian nationality, then you can submit secondary evidence, such as affidavits from friends or family members who have close personal knowledge of the date and place of your birth and your parents’ nationality.  The person making the affidavit should include information about how he or she knows you or is related to you, and how he or she knows the details of the date and place of your birth. If you are unable to submit primary evidence of your nationality, several reliable secondary source documents will often help the adjudicator to confirm your nationality.

Please also note that any document that is not in English must be accompanied by a complete word-for-word English translation.  The person translating the document must certify that he or she is competent in English and the foreign language from which the document is being translated and that the translation is true and correct to the best of his or her ability, knowledge and belief.

If you are a person with no nationality who last habitually resided in Haiti, you must submit a statement explaining why you are stateless and any documentation you may have from Haiti showing that you last habitually resided there.

Q. What is an example of a person of no nationality who last habitually resided in Haiti?

A.  An example of a person with no nationality is someone who is stateless. An individual can become stateless in a number of different ways, such as when the foreign country where the person previously held nationality no longer exists and there is no successor state or the person’s nationality has been cut off by their own state. This situation does not occur very often in the TPS context.

If you are stateless and you last habitually resided in Haiti, you need to include with your TPS application an explanation of how you became stateless, along with documents showing that Haiti was your last habitual, or regular, place of residence.  Since a stateless person is not likely to have any passport at all, it would also be helpful for your explanation to include details on the date of entry to the U.S. and the manner of arrival. While we understand the difficulties associated with obtaining documents from Haiti, we encourage anyone who is claiming to be a person without nationality who last habitually resided in Haiti to submit copies of whatever documents you may have at this time. If no documents are available at all to you, you may submit affidavits from other persons who have close personal knowledge of your habitual residence in Haiti and lack of nationality.

Q. How do I prove continuous physical presence and continuous residence in the United States?

A.  There are a number of different types of documents that you can submit to prove that you have continuously resided in the United States since January 12, 2010, and that you have been continuously present in the United States since Jan. 21, 2010, the effective date of the designation of Haiti for TPS.  For example, you can submit job letters from your current and former employers showing where you have worked, rent receipts, payroll stubs, bank statements, school records, or any other documents you may have showing your continuous physical presence and continuous residence in the United States.  You may see a listing of many other examples of documents that you may submit to show residence and continuous presence in the regulations at 8 C.F.R. § 244.9(a)(2).

Q. Where do I submit my TPS package applications?

A.  This information is available in the Federal Register Notice published on Jan. 21, 2010. Electronic filing is not available for initial TPS registrations.

Q. What should I do if I am scheduled for an appointment at the Application Support Center (ASC) but am unable to make my appointment?

A.  If you are unable to make your scheduled appointment, it is possible for you to reschedule, however this may result in processing delays. If you fail to appear for your ASC appointment without rescheduling, or if you repeatedly miss scheduled ASC appointments, your TPS application could be denied for abandonment.

Q. How do I reschedule my ASC appointment for biometrics?

A.  To request rescheduling of an ASC appointment, please make a copy of your appointment notice to retain for your records, then mail the original notice with your rescheduling request to the ASC address listed on the notice. You should submit your request for rescheduling as soon as you know you have an unavoidable conflict on your scheduled ASC date. A new appointment notice will be sent to you by mail.  Please note that rescheduling a biometrics appointment may cause the adjudication of your applications to be delayed.

Q. How long will it take to process my case, and can I request expedited processing if I have an emergency?

A.  Please understand that USCIS considers this caseload to be a priority due to the emergency situation resulting from the earthquake. We are treating each TPS application as an urgent matter and are making every effort to ensure that each applicant receives the quickest possible response. We ask that applicants be as patient as possible as we work hard to process each application in a timely manner.

To ensure that your application is filed properly, it is very important for you to:

Read the “Tips for Filing Form I-821, Application for Temporary Protected Status” before you file your application. This document may be found on the Forms page at USCIS.gov.

• Fill out the entire application and sign.

• Include the correct fees. If you are requesting a fee waiver for a fee that can be waived (ONLY for the Form I-821, Form I-765, the Biometrics fees, and the Form I-601 ONLY), please make sure you submit a properly documented fee waiver request.  By regulation, a fee waiver is not available for Form I-131 for advance parole. For information about paying filing and biometric fees, see the “Paying Immigration Fees” link on the Forms page at  USCIS.gov.

• Include all the required documents.

• Make sure that the address you indicate on your application for correspondence is correct and up to date.

Contact USCIS National Customer Service Center if you move while your application is pending. Call Customer Service at 1-800-375-5283 right away to report the address change. You may also change your address online.
Respond quickly to any requests for evidence if we ask you for additional information or documents.
Appear for your scheduled biometrics appointment.

Q. What steps does my TPS application go through?

A.  Once you file, your case will undergo several steps along the way.  It is important to understand what these steps are so you can monitor the progress along the way and know when and how to ask for help.  These steps are: Intake, ASC Appointment Scheduling and Biometrics Capture, and Adjudication.

1. Intake: When you file your TPS application with the Lockbox facility, the Lockbox facility will review your application for completeness and for the proper fee or a properly documented fee waiver request.  If your case meets the basic acceptance criteria, your application will be received into our system and you will receive a receipt notice.  If there is an emergent humanitarian travel need, you may request expedited processing on your advance parole application, (Form I-131) after intake and after you have appeared at an ASC for your biometrics appointment.    Please note the travel warnings further below.   If you do not received your receipt notice within 3 weeks of filing,, you can call Customer Service at 1-800-375-5283 to request assistance.

2. ASC Scheduling Appointment and Biometrics Capture: After your application has been accepted, you will be scheduled for an appointment at an ASC for your biometrics capture.  Due to the large volume of TPS applications, it may take longer to receive an ASC appointment at some ASC facilities where there are extremely large Haitian populations, such as Florida.  We are making every effort to address this situation to avoid these delays.

3. Adjudication: USCIS will review your case initially to determine whether you are eligible for an Employment Authorization Document (EAD), if you have requested one, prior to a final decision on your TPS application.  If eligible, you will receive an EAD after you have appeared for your biometrics appointment at an ASC. USCIS is making every effort to avoid backlogs at this stage that would hinder meeting this goal, but we urge you to remember that the volume of applications in the first few months is expected to be very high.

After this initial review of your TPS application, USCIS will complete final adjudication of your request for TPS.  During this phase, we may ask you for additional documents to establish your eligibility for TPS. If you receive a request for evidence (RFE) or an intent to deny, it is extremely important that you respond immediately to avoid processing delays and possible denial, simply for failure to respond timely. USCIS will issue you notice of your TPS grant or denial upon completion of your case.  If one of the grounds of inadmissibility that may be waived applies to you, USCIS will give you an opportunity to submit Form I-601 to request a waiver.  Please submit this form within the time frame specified in the USCIS notice, or your case will be denied.

Q. Will I receive authorization to work?  What documents do I use as proof of employment authorization?

A.  After you file your Forms I-765 and I-821, and pay the appropriate fees (or you are granted a fee waiver), USCIS will review your applications to make a preliminary assessment of your eligibility for TPS. If eligible, your applicant for employment authorization will be approved and an EAD will be mailed to you.

You may present your valid EAD to an employer as proof of employment authorization and identity. You may also present any other legally acceptable document or combination of documents listed on the Form I-9 as proof of identity and employment eligibility.

Q. I am a national of Haiti and arrived in the United States after Jan. 12, 2010. Am I eligible for TPS?

A.  No. To be eligible for benefits, nationals of Haiti (or persons having no nationality who last habitually resided in Haiti) must have continuously resided in the United States since January 12, 2010.

Q. If I resided in the United States before Jan. 12, 2010, but was temporarily out of the country on either Jan. 12, or on Jan. 21, when the TPS designation became effective, or both dates, am I eligible for TPS?

A.  You must demonstrate with supporting documentation that you have both continuously resided in the United States since Jan. 12, 2010, and have been continuously present since Jan. 21, 2010, the effective date of the TPS designation for Haiti. However, a “brief, casual and innocent absence” from the United States will not break continuous residence or presence.

Such an absence is defined as an absence from the United States of short duration, reasonably calculated to accomplish the purpose(s) for the absence; the absence was not the result of an order of deportation, order of voluntary departure, or an administrative grant of voluntary departure without deportation proceedings; and the purposes for the absence from the United States were not contrary to law. 8 C.F.R. § 244.1. Therefore, if you have resided in the United States since Jan. 12, 2010, but you were out of the country for any period of time covering that date or later, then you must submit supporting evidence demonstrating that your period of absence from the United States meets the criteria for a “brief, casual and innocent absence.”  There is no set amount of time that defines such an absence and each case will be determined on its own merits.  An applicant who demonstrates that his absence from the United States was due merely to a brief temporary trip abroad required by emergency or extenuating circumstances outside of his or her control also does not break continuous residence.  See id.

Q. Can I use TPS as a basis for obtaining permanent resident status?

A.  No. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status.

Q. May I apply for another immigration benefit while registered for TPS?

A.  Yes. Registration for TPS does not prevent you from applying for nonimmigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.

Q. How does an application for TPS affect my application for asylum or other immigration benefits?

A.  An application for TPS does not affect an application for asylum or any other immigration benefit and vice versa. Denial of an application for asylum or any other immigration benefit does not affect your ability to register for TPS, although the grounds of denial of that application may also lead to denial of TPS. (For example, an individual that has been convicted of an aggravated felony is not eligible for asylum or TPS.)

If you have been granted TPS and have a family or an employment-based petition approved on your behalf and a priority date that is current, you can only adjust status in the United States if you were inspected and admitted, or paroled, and (with few exceptions) have maintained lawful status while in the United States. If you entered the United States illegally or fell out of a legal status before or after having TPS, you may be ineligible to adjust status in the United States. For adjustment purposes, the time that a person is in TPS is considered as a period of lawful non-immigrant status, but merely having TPS does not “cure” all other periods of time before and after TPS when the person may not have had lawful status.

Q. May I ask for permission to travel while my TPS application is pending or after I have been granted TPS?  If I violate the terms and conditions of my TPS or have been in the U.S. without lawful status before TPS and then leave the U.S., will I be able to come back?

A.  You may request advance parole by filing a Form I-131 together with your TPS application or separately at a later date. Advance parole, if granted, will permit you to travel abroad.  We will adjudicate your advance parole application after you have appeared at an ASC for your biometrics appointment. If you apply for advance parole at a later date, be sure to include copies of your receipt notices for your Forms I-821and I-765, if they are pending, and if you have an approval notice(s), please include it as well.

You cannot receive a fee waiver for Form I-131. The fee for Form I-131 is $305. If you decide to travel, either while your TPS application is pending, or after it is approved, you should also understand and consider the important travel warning below when making your travel plans. If you travel while your TPS application is still pending and USCIS requests additional information from you, this could result in processing delays or denial for abandonment if you fail to respond to the request within the time required. You could also be found ineligible for TPS for other reasons while you are out of the country, and then you may not be permitted to re-enter.

TRAVEL WARNING: If you have been unlawfully present in the United States and then you leave, even on an approved advance parole document, you may become inadmissible for three (3) or ten (10) years, depending on how much unlawful presence you had before you left. In addition, you may become ineligible for certain other benefits in the future that you may seek, such as permanent resident status. We encourage you to read and understand the travel warning on Form I-131 before you ask for advance parole, regardless of whether you have been granted TPS. Before requesting advance parole for travel, you may also want to seek legal advice if you have been unlawfully present in the U.S. for any period of time.

Q. What might make me ineligible for TPS?

A.  You might be ineligible for TPS if you:

• Have been convicted of any felony, or two or more misdemeanors committed in the United States;

• Are found inadmissible as an immigrant under applicable grounds in INA, section 212(a);

• Are subject to several other criminal and security-related bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity.

Q. Do I need to file Form I-601 with my TPS application?

A.  You are not required to file Form I-601 with your TPS application.  If you are found inadmissible under a ground that can be waived under the TPS program, you will be instructed to File Form I-601, Application for Waiver of Inadmissibility. If you are unable to pay the filing fee for Form I-601, you may request a fee waiver, according to the guidance provided in this Q and A.

Q. What will be the process for detained individuals to apply for TPS?

A.  Detained and non-detained Haitian nationals (and persons with nationality who last habitually resided in Haiti) received notice of their opportunity to apply for TPS via notice from the Federal Register.  Those individuals eligible to apply for TPS may also receive notice during their immigration proceedings.

Detained individuals may also request legal assistance in completing their TPS forms from the representatives included on the local immigration legal provider lists that ICE regularly gives aliens in proceedings. In addition, free legal assistance providers may be found on the U.S. Department of Justice’s website.

Q. I am in the United States on an order of removal, am I eligible to apply for TPS?

A.  Yes.  Haitian nationals (and persons without nationality who last habitually resided in Haiti) with final orders of removal who are still in the United States may apply for TPS. However, whether an applicant is granted TPS depends on the applicant meeting all the eligibility criteria for TPS. Some Haitians were ordered removed on the basis of criminal grounds that will also disqualify them from receiving TPS. USCIS encourages Haitians with final orders of removal and those in removal proceedings to seek legal assistance regarding their TPS eligibility.

Q. Will information and supporting documentation submitted with a TPS application be kept confidential?  Will it be shared with ICE?

A.  The information contained in a TPS application and supporting documentation cannot be released to a third party requester except under court order or with the written consent of the individual. However, third party requesters do not include the individual, the individual’s representative, representatives of the Department of Justice, or other federal or state law enforcement entities (including DHS).  Information in the application and supporting documents may be used for purposes of enforcement of the Immigration and Nationality Act (INA) or any criminal laws. Along with USCIS, ICE and U.S. Customs and Border Protection (CBP) are federal agencies within DHS that enforce the INA, therefore those agencies can have access to the TPS application and supporting documents.

Q. I am a Haitian national who has applied for TPS and recently moved. How do I make sure my address is current?

A.  Most non- U.S. citizens who are in the United States are required by law to notify DHS of any change of address within 10 days after moving to a new address. To notify DHS of your change of address, you must file a Form AR-11, Change of Address. The Form AR-11 can now be completed electronically on our website at www.uscis.gov.

If you are one of the few individuals not legally required to provide a change of address, you should still keep your address current if you have filed any application or petition with us and it is still pending a decision. This will ensure that you receive any notices or decisions from us. To notify us of your change of address you can call the USCIS National Customer Service Center at 1-800-375-5283 or you can file the Form AR-11, Change of Address. Form AR-11 can now be completed electronically on our website at www.uscis.gov

Q. Can I appeal a denial of my TPS application?

A.  Yes, if USCIS denies your application you may either file a Motion to Reopen or an appeal. You may file your motion or appeal by submitting an Appeal of Motion, Form I-290B. The fee for filing a Form I-290B is $585, however you may request a fee waiver if you are unable to pay.  If your case is denied, we recommend that you consult with an accredited legal representative to determine whether it would be better for you to pursue an appeal or a motion.  If you have been placed in removal proceedings, you may request that the immigration judge adjudicate your TPS request anew. This is called requesting de novo review by the immigration judge.  If an immigration judge denies your request for TPS, you may file an appeal with the Board of Immigration Appeals (BIA).

Q. I have been granted TPS by an Immigration Judge (IJ) or the Board of Immigration Appeals (BIA).  Can I receive employment authorization from USCIS?

A.  If you have been granted TPS by an IJ or the BIA, you may receive employment authorization by filing Form I-765, Application for Employment. You must follow the procedures below for notifying USCIS through a specially designated e-mail address for IJ and BIA grants of TPS.

PLEASE NOTE: Do not request an EAD if you are currently in proceedings and have not yet been granted TPS. Only request an EAD after an IJ or BIA grants you TPS.

Q. Can I receive a travel authorization based on a grant of TPS by an IJ or the BIA?

A.  If you have been granted TPS by an IJ or the BIA, you may receive travel authorization by filing Form I-131, Application for Travel Document.  You must follow the procedures below for notifying USCIS through a specially designated e-mail address for IJ and BIA grants of TPS.

PLEASE NOTE: Do not request a travel authorization if you are currently in proceedings and have not yet been granted TPS. Only request a travel authorization after an IJ or BIA grants you TPS.

Q. How do I notify USCIS that I have been granted TPS by an IJ or the BIA?

A.  If an IJ or the BIA granted you TPS, you must provide USCIS with proof of the TPS grant (such as a final order from the IJ or final decision from the BIA) when you file for your first TPS benefit (such as an EAD or travel authorization). You should also submit a copy of the I-821 TPS application that the IJ or the BIA approved.

If you are applying for employment authorization, you must File Form I-765 with required fee(s) or fee waiver request. You must also submit a cover sheet that states “DO NOT REJECT – TPS GRANTED BY IJ/BIA.”  File your Form I-765 at the appropriate filing location based on the state where you live, as provided in answer 12 above.  If you previously applied for TPS with USCIS and were denied, please make sure to explain that the IJ or BIA granted you TPS based on the I-821 that USCIS previously denied (known as de novo review or “new” review), make sure to explain on your cover sheet that you were granted de novo review.

If you are filing for a travel authorization, you must file Form I-131 with required fee or fee waiver request.  File your Form I-131 at the appropriate filing location based on the state where you live, as provided in answer 12 above.

After following the instructions above, we will send you a receipt notice (Form I-797). When you get the receipt notice, you must immediately send an email to the Service Center that will adjudicate your application.

If your receipt notice starts with the letters “LIN,” email the Nebraska Service Center at Tpsijgrant.nsc@dhs.gov.

If your receipt notice starts with the letters “WAC,”  email the California Service Center at Tpsijgrant.csc@dhs.gov.

Your email must include the following information:

• Your name

• Your date of birth

• Your A-number

The date the IJ or BIA finally granted you TPS. (Note: To be final, your IJ order granting TPS must not be subject to further appeal, or your BIA decision granting TPS must not be subject to further review.)
The email addresses are only for individuals granted TPS by an IJ or the BIA who are requesting an EAD or travel authorization. The email addresses are not for individual case status inquires.

Q. Where can I receive additional information?

A.  For additional information please visit the ‘Temporary Protected Status’ page and ‘Haiti Earthquake Response’ page on the column on the left . You many also contact the USCIS National Customer Service Center at: 1-800-375-5283 or 1-800-767-1833 (TTY).

Q. Will the ASCs capture biometrics on all Haitian TPS applicants who go to an ASC, with or without adequate identity documents?

A.  Yes.  Every TPS applicant, regardless whether they have presented adequate evidence of their identity or nationality, will have their biometrics captured at an ASC.   This will increase customer service and facilitate the overall TPS process by eliminating delays in capturing biometrics and providing one-stop processing for most TPS applicants.

Q. What will happen at an ASC when an applicant is unable to produce sufficient documentation to confirm his/her identity?

A.  The applicants will have the opportunity to talk with an Immigration Services Officer (ISO) to explain their documentation or why they have no documentation of their identity, or to provide any evidence they may have available that could establish their identity.  In the past, applicants were turned away when they were unable to produce sufficient documents. Now, applicants will have the opportunity to explain why they do not have sufficient or any documents. This process enhancement will mitigate delays and minimize the number of cases that will need to be scheduled for an interview at a local USCIS office.

Q. Will USCIS be able to issue EADs within 90 days for all TPS applicants even if a high volume of applicants file a TPS application?

A.  Yes, for eligible applicants.  And even for applications where we need additional information and issue a Request for Evidence (RFE), our goal is to issue those RFEs with enough time to receive the information from the applicant and allow us to issue the EAD quickly. However, an applicant’s failure to provide the agency with the information requested in the timeframe indicated in the RFE may jeopardize the issuance of an EAD within 90 days.  The time between issuance of an RFE and receipt of the response does not count towards the 90 day clock.

Q. If I request expedited advanced parole documents, will I need to have my biometrics taken at an ASC?

A.  Yes.  If you file an I-131 with your I-821 at the lockbox, you will be scheduled for an ASC appointment through the lockbox.  If you request advanced parole through the district office, either as an emergency walk in or through an InfoPass appointment, the District Office will facilitate biometrics appointment at the closest ASC.

Q. What photo identification should I bring with me to my Application Support Center (ASC) appointment?

A.  You should bring one or more of the following forms of photo identification: a passport, driver’s license, national ID, military ID, or state-issued photo ID. If you do not have any photo identification please bring your original Haitian naturalization document, original Haitian birth certificate, original Haitian school records, your original baptismal certificate, or nationality documentation issued by a Haitian Embassy or Consulate in the U.S. Please note that you can bring your Haitian passport to the ASC appointment, even if it has expired.

Q. Will the ASCs capture biometrics on all Haitian TPS applicants who go to an ASC?

A.  Yes.  All TPS applicants, regardless whether they have presented adequate evidence of their identity at the time of their ASC appointment, will have their biometrics captured.  This will enhance customer service and facilitate the overall TPS process by eliminating delays in capturing biometrics and providing one-stop processing for TPS applicants.

Q. What will happen at an ASC when if I am unable to produce sufficient documentation to confirm my identity or when more information is needed about documentation or related matters?

A.  You will have the opportunity to talk with an Immigration Services Officer (ISO) to explain your documentation or why you have no documentation of your identity, or to provide further relevant information.  In the past, applicants were turned away when they were unable to produce sufficient documents. Now, applicants will have the opportunity to explain why they do not have sufficient documents or any documents. This process enhancement will avoid unnecessary rescheduling of biometrics appointments.

Q. Will USCIS be able to issue Employment Authorization Documents (EADs) within 90 days for all TPS applicants even if a high volume of applicants file a TPS application?

A.  Yes.  With applications for which we need additional information and issue a Request for Evidence (RFE), we are making every effort to issue those RFEs with enough time to receive the information from the applicant and allow us to issue the EAD quickly. It is extremely important that applicants respond timely to any RFE, as the issuance of an RFE stops the 90 day clock and failure to respond by the date indicated will result in an abandonment denial.

Q. If I request advanced parole, can my advance parole document be issued before my biometrics appointment has been scheduled at an ASC?

A.  No. USCIS will issue an advance parole document only after you have appeared at an ASC and had your biometrics captured.  Once the service center receives your advance parole request from the Lockbox (either filed together with your TPS application or filed separately at a later date), you will receive a letter notifying you of your ASC appointment. If you absolutely cannot wait for the adjudication of your advance parole application within normal processing time, you can request an expedite either by calling Customer Service at 1-800-375-5283, or by making an InfoPass appointment to visit your local field office.  Your local field office will facilitate the ASC appointment. Please understand that these expedites are reserved for extreme emergencies.

Contact an immigration attorney in New Jersey

More immigration information

“Our efforts to guard against terrorism while enhancing legal travel and trade depend upon close collaboration with our international partners,” said Secretary Napolitano. “I commend our partners in Greece for committing to strong screening and security standards and enhanced information sharing for travel by Greek citizens to the United States as we work together to protect our citizens and strengthen our economies.”

Greece’s VWP designation represents a major step forward in the continued and long-standing economic and security partnership between the United States and Greece—reflecting more than two years of coordination between the two countries on Greece’s entry into VWP.

In accordance with the VWP designation process, DHS determined that Greece complies with key security and information-sharing requirements—such as enhanced law enforcement and security-related data sharing with the United States; timely reporting of lost and stolen passports; and the maintenance of high counterterrorism, law enforcement, border control, aviation and document security standards. In turn, Greek citizens will be permitted to travel to the United States for up to 90 days without obtaining a visa.

With this announcement, Greece joins the 35 nations already participating in VWP—established as a pilot program in 1986 to help eliminate unnecessary barriers to travel and made permanent on October 30, 2000. Like VWP travelers from other countries, Greek citizens will be required to apply for an Electronic System Travel Authorization (ESTA) through the Web-based system. Greek citizens will be able to visit the United States without visas in approximately 30 days.

Today’s announcement augments Secretary Napolitano’s ongoing efforts to bolster the international aviation security system—including recent joint declarations to strengthen the international civil aviation system between the United States and Argentina, Brazil, Canada, Chile, the Dominican Republic, Mexico and Panama on Feb. 17, and between the United States and the European Union on Jan. 21.

Secretary Napolitano will travel to Tokyo later this week to meet with her counterparts from the Asia/Pacific region and officials from the International Civil Aviation Organization (ICAO)—the third in a series of major international meetings attended by the Secretary to build consensus on strengthening global aviation security and identify specific steps which nations can take individually and collectively to protect all passengers.

Since January, Secretary Napolitano has met frequently with top government and private sector officials from across Europe, Asia, Africa, the Middle East and North America on ways to strengthen the international aviation security system.

For more information, visit www.dhs.gov or esta.cbp.dhs.gov.

Visit our website for Information about Immigration Laws or to contact an Immigration Lawyer.

The new law was based on collaboration with the U.S. Department of State and the U.S. Department of Homeland Security to address the fraudulent use of Puerto Rico-issued birth certificates to unlawfully obtain U.S. passports, Social Security benefits, and other federal services.

New Jersey residents born in Puerto Rico need to contact the Office of Vital Statistics in Puerto Rico to obtain a new, certified copy of their birth certificate. Individuals should contact the government of Puerto Rico at http://www.salud.gov.pr or call 787-767-9120. For additional information, individuals can also contact www.prfaa.com/birthcertificates for information on how to obtain a copy of their certified birth certificate.

Joseph Komosinski, State Registrar of Vital Records, stressed that only those individuals who need to obtain a certified copy of their birth certificate for immediate official business such as obtaining a passport need to request a new birth certificate right away. “People who want to obtain a copy for their records are encouraged to apply at a later date,’’ said Komosinski.

The law that passed in Puerto Rico in December will invalidate all existing certified copies of birth certificates issued in Puerto Rico. As a result, individuals who do not obtain a new certified copy will be unable to apply for a Passport or other federal or state programs.

Visit our website for Information about Immigration Laws or to contact an Immigration Lawyer.

The 11 newly designated countries join 28 countries previously designated as eligible to participate in these programs.

They are:

1. Croatia
2. Ecuador
3. Ethiopia
4. Ireland
5. Lithuania
6. The Netherlands
7. Nicaragua
8. Norway
9. Serbia
10. Slovakia
11. Uruguay

The initial lists of participating countries for the H-2A and H-2B programs—published in December 2008—expired on Jan. 17 and 18, respectively. After consulting with Secretary of State Hillary Clinton, Secretary Napolitano determined that the 11 newly designated countries meet the standards required for participation in the H-2A and H-2B programs. The new combined list was published Monday in the Federal Register.

On a case-by-case basis, DHS may allow a worker from a country not on the participating country list to be eligible for the H-2A or H-2B program if such participation is in the interest of the United States.

For more information, visit www.dhs.gov.

How to qualify

Note: There will be potential scams by non-attorneys looking to take advantage of Haitian nationals, so it is important to utilize experienced TPS immigration attorneys in order to ensure that your filing is performed in a timely and proper manner.

Last month, the Departments of State and Homeland Security announced that the new passport card was in full production.   The new card provides a less expensive and more portable alternative to the traditional passport book, and will expedite document processing at United States land and sea ports-of-entry for U.S. citizens traveling to Canada, Mexico, the Caribbean, and Bermuda.

While the new card is more limited in its uses for international travel (e.g., it may not be used for international air travel), it is a valid passport that attests to the U.S. citizenship and identity of the bearer.  Accordingly, the card may be used for the Form I-9 process and can also be accepted by employers participating in the E-Verify program.

The passport card is considered a “List A” document that may be presented by newly hired employees during the employment eligibility verification process to show work authorized status. “List A” documents are those used by employees to prove both identity and work authorization when completing the Form I-9.

For more information about working in the United States, visit our website at www.GarcesGrabler.com.

For immediate assistance with your immigration issues, call 1-866-951-2860 to schedule an appointment with an immigration attorney.

The Western Hemisphere Travel Initiative requires all travelers to and from the United States, Canada, Mexico, the Caribbean and the British Overseas Territory of Bermuda to have a passport or other accepted document that establishes the bearer’s identity and citizenship to enter or re-enter the United States.

Why is it being implemented?

The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) mandated that the U.S. Departments of Homeland Security and State develop and implement a plan to require U.S. citizens and foreign nationals to present a passport or other appropriate identity and citizenship documentation when entering the United States. The goal of this program is to strengthen border security and facilitate entry into the United States for U.S. citizens and legitimate international visitors.

Who will WHTI affect?

The travel initiative will affect all United States citizens entering or re-entering the United States. It will also affect certain foreign nationals who currently are not required to present a passport to travel to the United States, namely most Canadian citizens, citizens of the British Overseas Territory of Bermuda and Mexican citizens.

When will the initiative go into effect?

This initiative will be rolled out in phases, providing as much advance notice as possible to the affected public to enable them to meet the terms of the proposed timeline.

The timeline will be as follows:

• January 23, 2007 — Beginning January 23, 2007, all persons, including U.S. citizens, traveling by air between the United States and Canada, Mexico, the Caribbean and Bermuda will be required to present a valid passport to enter (or re-enter) the United States.
• As early as January 1, 2008 — A requirement for U.S. citizens traveling between the United States and Canada, Mexico, the Caribbean and Bermuda by land or sea (including ferries), will be implemented.

What other documents will be acceptable?

Passports are the document of choice because of security features and internationally accepted standards for international travel. However, other acceptable travel documents to enter the United States when traveling by air are U.S. Coast Guard Merchant Mariner’s Document, NEXUS Air Card or U.S. Permanent Resident Card.

To contact a qualified immigration attorney, contact the Law Offices of Garces & Grabler.

Introduction

Chairman Price, Ranking Member Rogers, and Members of the Subcommittee, I am Mike Aytes, acting Deputy Director of U.S. Citizenship and Immigration Services (USCIS).   I am grateful for the opportunity to be before Congress to discuss our shared goal of effective employment eligibility verification.  I also want to thank the Subcommittee for its continued support of the program with the $100 million appropriation for E-Verify for Fiscal Year (FY) 2009.

The Department of Homeland Security (DHS) believes E-Verify is an essential tool for employers committed to maintaining a legal workforce.   E-verify works by addressing illegal immigration from the demand side.   Any participating company in the United States can access E-Verify through a user-friendly government website that compares employee information taken from the Employment Eligibility Verification (Form I-9) with more than 449 million records in the Social Security Administration’s (SSA) database, our partner in the program, and more than 80 million records in DHS immigration databases.

E-Verify has grown exponentially in the past several years.   Much of this increase is due to a growing number of States that have passed laws requiring all or some of the employers in their State to use E-Verify.   Currently over 117,000 employers are enrolled, representing over 456,000 locations.  An average of 1,000 employers enroll each week and participation has more than doubled each fiscal year since 2007.  Employers have run over 3.6 million queries thus far in FY 2009.  The volume of queries doubled from FY 2007 to FY 2008 from 3.27 million to 6.6 million, and in fact today, according to an analysis of Bureau of Labor Statistics data, over 14 percent of all nonagricultural new hires in the U.S are run though E-Verify.

The current independent evaluation of E-Verify, conducted by the Westat Corporation, (which can be found on www.uscis.gov) found that approximately 96.1 percent of all cases queried through E-Verify were automatically verified as work authorized.   The 96.1 percent figure represents a significant improvement over the figures from earlier evaluations, which found that the automatic verification rate improved from 83 percent (in 2002) to 94.7 percent (in 2007).    In a recent American Customer Satisfaction Index Survey, E-Verify scored 83 out of a possible 100 on the Customer Satisfaction Index, which is well above the latest Federal Government satisfaction index of 69 percent.  More than half of the respondents (51 percent) self-identified as small business owners or employers.

Of all the cases verified through E-Verify, only 3.9 percent of queries resulted in a mismatch, or a Tentative Nonconfirmation (TNC), which is issued when the information queried through E-Verify does not match the information in SSA or DHS databases and requires further action on behalf of the employees to resolve their cases with SSA or DHS.

Of that 3.9 percent who were not immediately authorized, 0.4 percent of queries are those who were issued a TNC and successfully contested the case.  The remaining 3.5 percent of queries that are not found work authorized by the system either did not contest the TNC, were unsuccessful in contesting or were found unauthorized to work at the secondary verification stage.  Our goal is to continue to improve E-Verify’s ability to instantly verify new hires, improve the accuracy of our data systems, and strengthen training and monitoring of employers to ensure that they understand the program’s requirements and are complying with them.

The Current E-Verify System: Past Program Enhancements

Under USCIS management and in cooperation with SSA, E-Verify is continuing to work to improve processes to decrease mismatch rates, ensure that E-Verify is fast and easy to use, and protects employees’ rights.   FY 2008 improvements to the E-Verify program included instituting a system change to reduce typographical errors, incorporating a photo screening tool for DHS documents in order to combat certain instances of document fraud, establishing a Monitoring and Compliance Branch to oversee that employers are using E-Verify correctly, and adding new databases that are automatically checked by the system to further reduce initial mismatches.   In addition, E-Verify established a new process for employees to call a USCIS toll-free number to address citizenship mismatches as an alternative to visiting SSA.  All these efforts are targeted at establishing efficient and effective verification.

E-Verify is the most accurate and efficient way to verify employment authorization.

In September 2007, E-Verify instituted an additional automatic flag to the user that allows employers to double-check the data they entered into the system for those queries that are about to result in a mismatch.   This has reduced data entry errors and thus initial mismatches by approximately 30 percent.

The 2007 Westat Corporation independent evaluation found that a large portion of the employees who successfully contest an SSA TNC are recently naturalized citizens.   As of May 2008, the number of these citizenship mismatches has been reduced by approximately 39 percent, a considerable reduction, as we have reworked the system so that it now automatically checks USCIS naturalization data before issuing a citizenship status mismatch.    In addition, employees who receive a mismatch with SSA due to citizenship are now able to contact USCIS via a toll-free number to contest the finding, address the discrepancy, and verify their work authorization.  This process has reduced walk-ins to SSA field offices for E-Verify citizenship mismatches by 56 percent.  Of those individuals who call USCIS to address a mismatch based on citizenship status, over 90 percent are successfully resolved by USCIS as work authorized.  USCIS and SSA are also exploring further enhancements, including a direct data share initiative that would update SSA’s database with naturalized citizen information.

E-Verify also added the Integrated Border Inspection System (IBIS) real time arrival and departure information for non-citizens to its databases as of May 2008, which reduced E-Verify mismatches that had resulted from delays in data entry into the system that E-Verify also uses for non-citizen arrival information.   The addition of this data to the E-Verify system is reducing hundreds of mismatches that occur for newly arriving workers who enter the country legally and start working immediately.

In December 2008, DHS signed a Memorandum of Agreement with the Department of State (DOS) to share passport data and photographs from the DOS’ records.  In February 2009, USCIS began incorporating passport data into E-Verify in order to check citizenship status information in the event of a mismatch with SSA.  Passport data is reducing the number of mismatches issued to naturalized and derivative citizens (citizens who did not personally complete the naturalization process, but derived citizenship from their parents) who present a U.S. passport during the Form I-9 process, which involves the new hire filling out a form attesting to their work authorization eligibility and presenting the requisite documents.  To date, over 295 queries that would have received TNCs under the previous procedures have been automatically verified as employment authorized as a result of this enhancement.

Although not every mismatch can be prevented by adding additional data sources, we continue to improve the system to ensure that every mismatch that can be prevented through government data processes will be avoided.

We believe E-Verify is an efficient and easy system for employers to use and we continually strive to understand the needs of our stakeholders.

According to the 2007 independent Westat evaluation of E-Verify, “[m]ost employers found the Web Basic Pilot (E-Verify) to be an effective and reliable tool for employment verification” and 96 percent strongly disagreed that E-Verify was a burden.

Ultimately, E-Verify’s continuing success and development relies on increased awareness and public use of the program and more education of US citizens and work authorized immigrants about their rights when using the system.   In an effort to better understand the needs of those using the program, USCIS substantially increased customer service and outreach staff over the past two years to ensure that questions and issue are addressed quickly and professionally.

In FY 2008, an outreach campaign was launched aimed at educating millions of employers about their responsibilities in using E-Verify.  In addition to conducting hundreds of presentations, demonstrations, and webinars, we also held informational seminars for the public in Arizona, Georgia, Mississippi, and the metro DC area, and conducted 239 outreach events in 24 states.  Most of these events were held at the request of both employer and employee associations.  E-Verify also has a toll-free call center that handles approximately 2,000 calls per week.

The program launched radio, print, billboard, and internet advertisements aimed at increasing awareness about E-Verify.  In addition, given that the majority of businesses in America are small businesses, USCIS collaborated with the Small Business Administration (SBA) to include E-Verify information on the SBA’s website and we are identifying additional ways E-Verify information can be incorporated into SBA program activities.

Employees are also key stakeholders of E-Verify.  USCIS has bilingual English and Spanish advertising and has online materials in nine languages to inform employees of their rights.  E-Verify has collaborated with the DHS Office for Civil Rights and Civil Liberties to prepare bilingual English and Spanish videos for employers and employees to teach them about E-Verify and their rights, roles and responsibilities.

E-Verify is committed to maintaining the integrity of the system and effectively preventing discrimination and misuse through monitoring and compliance.

A successful and effective electronic work authorization verification program is critical to ensuring that employers have the necessary tools to ensure their work force is authorized to work in the United States.  To be effective, however, the program also must include robust tools to detect and deter employer and employee fraud and misuse.  USCIS first contracted an independent review of E-Verify in June 1998 with the first evaluation of the program published on January 29, 2002 by Temple University and Westat.  USCIS has continued this process to ensure third party review of ongoing operations as well as evaluation of new capabilities and improvements.

The 2007 independent Westat evaluation found “substantial” non-compliance by employers with program rules.  While the evaluation found that employer compliance with program procedures is improving, it also identified methods by which some E-Verify employers may be using the program incorrectly.  Failure to follow E-Verify procedures can result in discrimination and reduce the effectiveness of the program.   USCIS is dedicated to reducing E-Verify misuse through employer training, educational outreach, print and electronic resources, and our monitoring and compliance program.   Indeed, we believe that a measured expansion of the program can only occur after we address the critical issue of employer misuse.

USCIS established a Monitoring and Compliance Branch dedicated to monitoring the use of the E-Verify system and providing compliance assistance.   The Monitoring and Compliance Branch aims to safeguard personal privacy information, prevent the fraudulent use of counterfeit documents, and refer instances of fraud, discrimination, misuse and illegal or unauthorized use of the system to enforcement authorities.  The Branch currently reviews E-Verify transaction data to detect and deter employer misuse, fraud and discriminatory practices, and offers compliance assistance to help employers use the system correctly.  This approach will be further supported by data analysis and case management provided by a Case Tracking and Management System (CTMS) that will be launched later this spring.   E-Verify has instituted procedures to refer cases of non-compliance to Immigration and Customs Enforcement (ICE) and the Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC).   USCIS recently signed a Memorandum of Agreement with ICE establishing guidelines for referrals and sharing of information.

To safeguard employee privacy, E-Verify has established an internal Privacy Branch to ensure that program policies, practices, and procedures comply with the Privacy Act, promote transparency within the program, conduct Privacy Threshold Analyses (PTAs), Privacy Impact Assessments (PIAs), and develop System of Records Notices (SORNs) for system and programmatic enhancements.   E-Verify’s Privacy Branch’s mission is to protect the civil rights and personal information of employees who are subject to employment verification by E-Verify.

E-Verify prevents certain types of document fraud from being used in E-Verify

Some aliens without work authorization use stolen identities to obtain employment.   To help address this problem the E-Verify program introduced a photograph screening capability into the verification process in September 2007.   The tool allows a participating employer to check the photos on Employment Authorization Documents (EAD) or Permanent Resident Cards (green card) against images stored in USCIS databases, thus allowing employers to determine if the document presented by the employee as a DHS document is a complete fabrication or has been subject to photo-substitution.  Through use of the photo tool, hundreds of cases of document and identity fraud have been identified, and unauthorized workers have been prevented from illegally obtaining employment.

USCIS is working to expand the types of documents available to the E-Verify system to provide photo confirmation.  Currently, only DHS-issued identity documents are displayed in the photo tool.  However, the addition of databases for photo tool verification could lead to increased TNCs because there will be more data to verify and additional government agencies will be involved in the resolution process.  An increase in TNC could affect authorized workers, but is also indicative of the photo tool’s success in detecting document fraud.

Upcoming Enhancements to E-Verify: Fiscal Year 2010

USCIS continues to improve the system’s automatic confirmation rate by incorporating additional data sources into E-Verify.   Other key efforts include assisting employers in using the program correctly, continuing to conduct outreach focusing on employee as well as employer stakeholder groups, and expanding relationships with all stakeholders in an effort to further improve the program.

E-Verify will continue to add new data sources to the automated initial check to reduce the number of mismatches issued by the system.

In fiscal year 2010, USCIS plans to improve the system’s ability to automatically verify international students and exchange visitors through the incorporation of ICE’s Student and Exchange Visitors Information System (SEVIS) data.   By incorporating SEVIS nonimmigrant student visa data into the automatic initial E-Verify check, the number of students and exchange visitors who receive initial mismatches should be reduced.   In FY2010, ICE will be launching a new version of SEVIS, SEVIS II, which will include employment eligibility information that E-Verify will be able to access electronically.  Currently, the SEVIS database is checked manually by immigration status verifiers after an initial mismatch is issued.

E-Verify also plans to provide automated system updates for any new hire with Temporary Protected Status (TPS) who has an expired EAD but is within an auto-extension time period.   This system enhancement will decrease the number of new-hires of TPS recipients that receive an initial mismatch or TNC.

Additionally, E-Verify continues to develop other ways to reduce the number of initial mismatches and improve system performance by analyzing system data.  One example is a current effort to improve the date of birth entry field to avoid data entry errors such as reversing the day and month as is done in many other countries outside of the United States.  This mismatch reduction initiative includes improving the data matching algorithm and improving usability to reduce data entry errors.

E-Verify will continue to combat identity fraud and expand the photo screening tool.

To build on the photo tool’s success, the E-Verify program is actively working to expand the types of photos available in this functionality.  This would prevent one possible avenue of identity theft currently used to “game” the system.  This effort will be combined with a reduction in the number of documents acceptable for Form I-9 purposes, such as those listed in the Interim Final Rule which becomes effective tomorrow on April 3, 2009.

USCIS is also working to initiate a state-based department of motor vehicles (DMV) data exchange that would incorporate driver’s license photos into the photo tool.  This would represent a significant enhancement to the system, since new hires most often present a driver’s license for Form I-9 purposes.  To date, no state has yet agreed to add its driver’s license data to the photo tool.

USCIS is aware identity fraud is a serious concern in the U.S. and is especially concerned with how this practice affects E-Verify.   While USCIS cannot detect all forms of identity fraud used by an employee who is run through E-Verify, we are working to find ways to accomplish this goal.  USCIS has also begun examining other ways to detect and deter such fraud, such as enabling individuals to choose to “lock” and “unlock” Social Security Numbers (SSNs) for E-Verify purposes.

E-Verify will continue to implement enhancements to improve usability and program efficiency.

USCIS is re-engineering the E-Verify registration process to improve it and make the registration more effective.  USCIS is currently examining the best ways to validate the legitimacy of employers using the system, the individual registrants signing up to use the system, and those using the system after the enrollment phase.  Improving the registration portion of the E-Verify program will ensure that E-Verify has accurate and complete information on those employers using the program.

E-Verify is also working on implementing an electronic Form I-9.   The first phase of this enhancement includes developing a stand-alone Form I-9 in portable format that will allow employers to electronically create, sign, and store the completed forms.   In a future enhancement, the electronic Form I-9 will pre-fill the fields in E-Verify, eliminating the need for employers to input the data into the system after it was already recorded on the Form I-9.

Conclusion

The E-Verify program has made great strides in becoming a fast, easy, and more accurate tool to help employers maintain a legal workforce and comply with immigration law.  The Administration is dedicated to providing this service to employers and continuing to make improvements to the system to address issues such as usability, fraud, discrimination, and further to improve the system’s automatic verification rate.  On balance, E-Verify will continue to be a key element of our ability to deter illegal immigration.

Thank you for the opportunity to testify before this Subcommittee and we appreciate this Subcommittee’s continued support of the E-Verify program.

The travel document requirements make up the departments of State and Homeland Security’s Western Hemisphere Travel Initiative. This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004.

This travel initiative is being implemented in two phases:

Air travel requirements went into effect January 23, 2007 and now all travelers including children must present a passport or secure travel document when entering the United States by air.
Land/Sea requirements are transitioning toward standard and consistent documents for all travelers entering the country with full implementation on June 1, 2009.

Land and Sea Documents

WHTI requires travelers to present a passport or other approved secure document denoting citizenship and identity for all land and sea travel into the United States. WHTI establishes document requirements for travelers entering the United States who were previously exempt, including citizens of the U.S., Canada and Bermuda. These document requirements are effective June 1, 2009.

Most travelers will require one of the following documents:

U.S. citizens: A passport issued by the U.S. Government, a passport card, a valid trusted traveler program card (FAST, NEXUS, or SENTRI), an enhanced driver’s license (EDL), a Military ID with official travel orders, or a U.S. Merchant Mariner Document.
Canadian citizens: A passport issued by the Government of Canada, a valid trusted traveler program card (FAST, NEXUS, or SENTRI), or an EDL.
U.S. and Canadian children under the age of 16 will be able to present a birth certificate or other proof of citizenship. See the CBP website for more information about children traveling with a school or religious group, social organization, or sports team.
Bermudians: A passport issued by the Government of Bermuda or the United Kingdom.
Mexican citizens: Mexican citizens, including children, are currently required to present a passport with visa or a laser visa border crossing card, and therefore there is little to no expectation of change under these new requirements.

Special Audiences / Issues

Native Americans. The Indian and North Affairs Canada Card and Tribal Enrollment Cards with a photo affixed to the card will be accepted until June 1, 2009. We expect that, in order to be designated as WHTI-compliant, many Native American tribes will have to enhance their tribal enrollment and identification cards. Members of the Kickapoo Band of Texas and Tribe of Oklahoma are permitted to present the Form I-872 American Indian Card in lieu of a passport, as they do currently.
Children. U.S. and Canadian children under the age of 16 will be able to present the original or copy of their birth certificates, or other proof of citizenship such as a naturalization certificate or citizenship card. Groups of U.S. and Canadian children ages 16 through 18, when traveling with a school or religious group, social organization, or sports team will be able to enter under adult supervision with originals or copies of their birth certificates or other proof of citizenship.
Lost Passport. For lost or stolen passports while traveling overseas, report it immediately to the nearest U.S. embassy or consulate. You will need to fill out form DS-64, Statement regarding a Lost or Stolen Passport. For information on obtaining a U.S. Passport, visit www.travel.state.gov or call 1-877-487-2778.
First Responders. WHTI does not prevent U.S. Customs and Border Protection from continuing to allow first responders and patients having a medical emergency to enter the country using existing waiver and parole authorities to provide necessary expedited processing on a case-by-case basis for these individuals.
U.S. Territory Travelers. U.S. territories are considered a part of the United States. U.S. citizens returning directly from a U.S. territory are not considered to have left the country and do not need to present a passport. U.S. territories include the following: Guam, Puerto Rico, the U.S. Virgin Islands, American Samoa, Swains Island and the Commonwealth of the Northern Mariana Islands.
No Documents. You will be delayed as U.S. Customs and Border Protection officers attempt to verify your citizenship and identity.

Traveling by Sea

Cruises

U.S. citizens on closed-loop cruises (cruises that begin and end at the same port in the U.S.) will be able to enter or depart the country with proof of citizenship, such as a birth certificate and government-issued photo ID. A U.S. citizen under the age of 16 will be able to present either an original or a copy of his or her birth certificate, a Consular Report of Birth Abroad issued by Department of State, or a Certificate of Naturalization issued byU.S. Citizenship and Immigration Services.

Please be aware that you may still be required to present a passport when you dock at a foreign port, depending on the islands or countries that your cruise ship is visiting. Check with your cruise line to ensure you have the appropriate documents for the stops you’ll be making on your cruise.

Ferries and Small Boats

All individuals traveling by ferry and small boats are subject to the new requirements. Boaters who have an I-68 form (similar to a vehicle registration) must follow the new travel document requirements. Having either a NEXUS card or a passport will enable I-68 holders to continue to utilize telephonic clearance procedures.

Commercial / Charter Vessels

As long as a commercial or charter vessel does not call at a foreign port, immigration law does not consider this a “departure” from the United States and therefore upon return, is not considered an entry that would require a passport. Therefore, passports or other designated documents would not be required for those, including commercial fishermen traveling on a vessel that sails from a U.S. port and returns without calling at a foreign port.