Section 244(b)(1) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1254a(b)(1), authorizes the Secretary, after consultation with appropriate agencies of the government, to designate a foreign State (or part thereof) for TPS.\1\ The Secretary may then grant TPS to eligible nationals of that foreign State (or aliens having no nationality who last habitually resided in that State). Section 244(a)(1)(A) of the Act, 8 U.S.C. 1254a(a)(1)(A).
\1\ As of March 1, 2003, in accordance with section 1517 of title XV of the Homeland Security Act of 2002 (HSA), Public Law 107 296, 116 Stat. 2135, any reference to the Attorney General in a provision of the Immigration and Nationality Act describing functions transferred under the HSA from the Department of Justice to the Department of Homeland Security ``shall be deemed to refer to the Secretary'' of Homeland Security. See 6 U.S.C. 557 (2003) (codifying HSA, tit. XV, sec. 1517).

At least 60 days before expiration of the TPS designation, the Secretary, after consultation with appropriate agencies of the government, must review the conditions in a foreign State designated for TPS to determine whether the conditions for the TPS designation continue to be met and, if so, must determine the length of an extension of the TPS designation. Section 244(b)(3)(A), (C) of the Act, 8 U.S.C. 1254a(b)(3)(A), (C). If the Secretary determines that the foreign State no longer meets the conditions for the TPS designation, the Secretary must terminate the designation. Section 244(b)(3)(B) of the Act, 8 U.S.C. 1254a(b)(3)(B).

When was El Salvador designated for TPS?

On March 9, 2001, the Attorney General designated El Salvador for TPS based on an environmental disaster within that country, specifically a series of earthquakes that occurred in 2001. 66 FR 14214. See section 244(a)(b)(1)(B) of the Act, 8 U.S.C. 1254a(b)(1)(B). The last extension of TPS for El Salvador was announced on October 1, 2008, based on the Secretary's determination that the conditions warranting the designation continued to be met. 73 FR 57128. This announcement is the seventh extension of TPS for El Salvador. Why is the Secretary extending the TPS designation for El Salvador through March 9, 2012?

Over the past year, DHS and the Department of State (DOS) have continued to review conditions in El Salvador. Based on this review, the Secretary has determined that an 18month extension is warranted because there continues to be a substantial, but temporary, disruption of living conditions in El Salvador resulting from the series of earthquakes that struck the country in 2001, and El Salvador remains unable, temporarily, to adequately handle the return of its nationals.

The 2001 earthquakes resulted in the loss of over a thousand lives, displacement of thousands more, the extensive destruction of physical infrastructure and severe damage to the country's economic system. See 66 FR 14214 (March 9, 2001) (describing devastation caused by earthquakes). El Salvador's recovery from the earthquakes is still incomplete.

As of February 2007, 136,988 houses had been reconstructed or repaired, not quite 50% of the total number that were destroyed or damaged. The housing program funded by the European Union was completed in March 2007, with a total of 5,482 houses constructed. As of June 2008, the housing program funded by InterAmerican Development Bank to construct 3,500 homes was underway with an expected completion date by the middle of 2009, but information on whether that goal was met is unavailable. DOS also reports that of the 276,000 homes destroyed in 2001, only approximately half have been rebuilt to
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date with the assistance of programs sponsored by USAID, other international donors, and the Salvadoran government. While the USAID programs were officially completed in 2006, other donor efforts have lagged. A significant number of families are still living in temporary housing.

In the immediate aftermath of the earthquakes, several hospitals and 113 of 361 health facilities were severely damaged; these numbers represented 55% of the country's capacity to deliver health services. In June 2003, the Salvadoran legislature approved borrowing $142.6 million for the reconstruction of hospitals. Reconstruction of only two of the damaged hospitals has been completed. The Salvadoran government has slowly worked to rebuild the other priority hospitals, but reconstruction of five hospitals is only half complete, and the rebuilding of one, the Maternity Hospital in San Salvador, apparently has yet to begin.

More recent natural disasters have delayed the recovery from the 2001 earthquakes. Tropical Storm Stan in October 2005 brought widespread flooding, loss of homes, and destruction of crops and infrastructure across the country. The eruption of the Santa Ana volcano that same month also caused localized destruction of communities and crops in the surrounding areas. A series of earthquakes in late 2006 resulted in the displacement of an additional 2,000 families whose homes were destroyed. In 2009, Hurricane Ida caused extensive damage to crops, homes, roads, bridges, and other infrastructure. This recent hurricane also resulted in over 190 deaths and displaced more than 14,000 people in November 2009.

Due to the unfinished recovery from the earthquakes, other recent destructive environmental events and its weak economy, El Salvador cannot adequately handle the return of hundreds of thousands of Salvadorans who currently have TPS but no other immigration status in the United States. Their return would further aggravate the country's poor economic situation by increasing unemployment. In addition to the weak economy and the incomplete reconstruction of health facilities, El Salvador is illequipped to handle the return of large numbers of its nationals from the United States because of an inadequate road infrastructure that limits access to markets and complicates access to health and education systems. El Salvador also continues to suffer a public security crisis that threatens to undermine sustained development and confidence in democratic governance, as well as increasing levels of violent crime.

Based on this review and after consultation with the appropriate Government agencies, the Secretary finds that:

By the authority vested in me as Secretary of Homeland Security under section 244 of the Act, 8 U.S.C. 1254a, I have determined after consultation with the appropriate government agencies that the conditions that prompted designation of El Salvador for temporary protected status (TPS) on March 9, 2001, continue to be met. See section 244(b)(3)(A) of the Act, 8 U.S.C. 1254a(b)(3)(A). On the basis of this determination, I am extending the TPS designation of El Salvador for 18 months from September 10, 2010, through March 9, 2012. Janet Napolitano,
Secretary.
Required Application Forms and Application Fees To Register or Re Register for TPS

To register or reregister for TPS, an applicant must submit:

1. Form I821, Application for Temporary Protected Status,

2. Form I765, Application for Employment Authorization.

You must submit both completed application forms together. You may apply for application and/or biometrics fee waivers if you are unable to pay and you can provide proof through satisfactory supporting documentation. For more information on the application forms and application fees for TPS, please visit the USCIS Web site at http:// www.uscis.gov.

Biometric Services Fee

Biometrics (such as fingerprints) are required for all applicants 14 years of age or older. Those applicants must submit a biometric services fee. For more information on the biometric services fee, please visit the USCIS Web site at http://www.uscis.gov. Mailing Information

Mail your application for TPS to the proper address in Table 1: Table 1Mailing Addresses
If . . . Mail to . . . You are applying for reregistration USCIS, Attn: TPS El Salvador, through US Postal Service. P.O. Box 8635, Chicago, IL 606808635.
You are applying for the first time as USCIS, Attn: TPS El Salvador, a late initial registrant through US P.O. Box 8670, Chicago, IL Postal Service. 606808670.
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You are using a NonUS Postal Service USCIS, Attn: TPS El Salvador, delivery service for both re 131 S. Dearborn3rd Floor, registration and first time late Chicago, IL 606035517. initial registration.
You were granted TPS by an Immigration USCIS, Attn: TPS El Salvador, Judge (IJ) or the Board of Immigration P.O. Box 7332, Chicago, IL Appeals (BIA), and you wish to request 606807332.
an EAD or are reregistering for the
first time.

EFiling

If you are reregistering for TPS during the reregistration period and you do not need to submit any supporting documents or evidence, you are eligible to file your applications electronically. For more information on efiling, please visit the USCIS EFiling Reference Guide at the USCIS Web site at http://www.uscis.gov. Employment Authorization Document (EAD)

May I request an interim EAD at my local USCIS office?

No. USCIS will not issue interim EADs to TPS applicants and re registrants at local offices.
Am I eligible to receive an automatic 6month EAD extension from September 10, 2010, through March 9, 2011?

To receive an automatic 6month extension of your EAD:

This automatic extension is limited to EADs issued on Form I766, Employment Authorization Document, bearing an expiration date of September 9, 2010. These EADs must also bear the notation ``A12'' or ``C19'' on the face of the card under ``Category.''
What documents may a qualified individual show to his or her employer as proof of employment authorization and identity when completing Form I9?

During the first six months of this extension, qualified individuals who have received a 6month automatic extension of their EADs by virtue of this Federal Register notice may present their extended TPSbased EADs, as described above, to their employers as proof of identity and employment authorization through March 9, 2011. To minimize confusion over this extension at the time of hire or re verification, qualified individuals may also present a copy of this Federal Register notice regarding the automatic extension of employment authorization documentation through March 9, 2011.

After March 9, 2011, TPS beneficiaries may present their EADs on Form I766 with an extension date of March 9, 2012, to their employers as proof of employment authorization and identity. The EAD will bear the notation ``A12'' or ``C19'' on the face of the card under ``Category.'' After March 9, 2011, employers may not accept EADs that no longer have a valid date.

Employers should not request proof of Salvadoran citizenship. Employers should accept the EADs as valid ``List A'' documents. Employers should not ask for additional Form I9 documentation if presented with an EAD that has been automatically extended or a new valid EAD pursuant to this Federal Register notice, and the EAD reasonably appears on its face to be genuine and to relate to the employee. Employees also may present any other legally acceptable document or combination of documents listed on the Form I9 as proof of identity and employment eligibility.

Note to Employers

Employers are reminded that the laws requiring employment eligibility verification and prohibiting unfair immigrationrelated employment practices remain in full force. This Notice does not supersede or in any way limit applicable employment verification rules and policy guidance, including those rules setting forth re verification requirements. For questions, employers may call the USCIS Customer Assistance Office at 18003572099. Employers may also call the U.S. Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Employer Hotline at 18002558155.

Note to Employees

Employees or applicants may call the OSC Employee Hotline at 1800 2557688 for information regarding the automatic extension. Additional information is available on the OSC Web site at http://www.justice.gov/ crt/osc/.
[FR Doc. 201016431 Filed 7810; 8:45 am]
BILLING CODE 911197P

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