December 17, 1999
Extension of Work Authorization for Haitian Nationals
Frequently Asked Questions:
Q1: How will qualified individuals be notified of the extension to September 30, 2000?
A1: INS published a notice in the Federal Register on December 20, 1999. In addition, INS is working with non-governmental organizations, appropriate media and the Haitian community to notify affected individuals. However, INS will not contact individual cardholders about the automatic extension.
Q2: What can someone granted the extension show his or her employer as proof of work eligibility?
A2: Haitian nationals who have been granted an extension of employment authorization can present to their employer their EAD bearing the notation:
- "A11" on the face of the card under "Category" for EADs issued on a Form I-766; or
- "274A.12(A)(11)" on the face of the card under "Provision of Law" for EADs issued on a Form I-688B.
To minimize confusion for employers, qualified individuals are encouraged to obtain a copy of the Federal Register notice granting the work authorization extension for purposes of the employment verification process and provide one to the employer."
Employers that are presented with an EAD that has been extended should accept the document as a valid List A document (even though it contains a prior expiration date) and should not ask for additional documentation from the employee. Employers should not request proof of Haitian citizenship from employees. Such requests may violate the law. In the alternative, employees may also present any of the legally acceptable documents listed in List A, List B or List C of the Form I-9 as proof of identity and employment eligibility.
Q3: Is INS going to issue letters to the beneficiaries of this extension?
A3: No. Instead, INS is working with many Haitian community groups and employers as part of an extensive public outreach program to announce this extension. While INS did issue letters to the beneficiaries of this extension last year, many beneficiaries did not receive letters due to them, resulting in confusion for both employers and employees.
Q4: How can employers determine which employees have been granted this extension?
A4: The EAD card for Haitians who have been granted DED state:
- "A-11" on the face of the card under "Category" for EADs issued on a Form I-766; or
- "274A.12(A)(11)" on the face of the card under "Provision of Law" for EADs issued on a Form I-688B.
These EAD cards have been automatically extended by Federal Register notice and, therefore, contain a prior expiration date.
Employers with questions concerning the extension may call INS’ Office of Business Liaison Employer Hotline at 1-800-357-2099 to speak to a Service representative. Employers can also call the Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) Employer Hotline at 1-800-255-8155. (Note: Information concerning an individual’s immigration status cannot be provided; only general information on the extension of work authorization will be given.)
Q5: How is INS making sure that employers are aware of this extension?
A5: INS is sending an informational bulletin to employers informing them of the extension. The bulletin also tells employers how to determine which employees have been granted the extension and how to fill out the I-9 form for an eligible Haitian.
Q6: What should an employee do if an employer refuses to accept an EAD that has been automatically extended until September 30, 2000?
A6: The Civil Rights Division of the Department of Justice has an office (OSC) that deals solely with immigration-related job discrimination. For assistance, the employee should contact the OSC’s Worker Hotline at 1-800-255-7688, or ask the employer to contact the INS' Office of Business Liaison Employer Hotline at 1-800-357-2099, or the OSC Employer Hotline at 1-800-255-8155.
Q7: Will an employer be fined or subject to adverse action by INS for accepting a document that contains a prior expiration date?
A7: INS has extended the validity period of EADs that contain the identifying information discussed above via publication in the Federal Register. Employers will not be fined or subject to other adverse action by INS for accepting such EADs during the employment eligibility verification (Form I-9) process. Employers should note that this is the second automatic extension via the Federal Register, and these EADs therefore contain an expired validity date.
Q8: Is there a fee for the automatic extension of these EADs?
A8: There is no fee for the extension of these EADs. However, persons should be advised that should they later seek an EAD based upon a HRIFA adjustment application, the fee for that EAD is $100.
Q9: What should an individual do if he has lost his DED-related EAD card?
A9: An individual who has lost a DED-related EAD card should submit Form I-765, Application for Employment Authorization, with a $100 fee to the Texas Service Center, P.O. Box 851182, Mesquite, TX 75185-1182, to obtain a replacement card.
Q10: Can Haitians who have not already applied for a DED-related EAD still do so?
A10: No. The grant of DED for certain Haitian nationals expired on December 22, 1998. Therefore, the Service cannot accept new applications for DED-related employment authorization under that program. Haitian nationals without employment authorization who qualify for adjustment of status under HRIFA should apply immediately for adjustment of status under HRIFA and for related employment authorization.
Form I-765 and the I-485 HRIFA Supplement may be obtained by calling INS at 1-800-870-3676. Forms can also be downloaded from the INS Web site: www.ins.usdoj.gov/exec/forms/index.asp.
– INS –