December 17, 1999
INS Automatically Extends Work Authorization for Haitian Nationals Granted Employment Authorization Under Deferred Enforced Departure
Eligible Haitians Are Urged to File for Adjustment
And Related Employment Authorization As Soon As PossibleWASHINGTON – The Immigration and Naturalization Service announced today that it will automatically extend employment authorization until September 30, 2000, for Haitian nationals granted Employment Authorization Documents (EADs) under Deferred Enforced Departure (DED). EADs previously granted under the Haitian DED program were set to expire on December 22, 1999, as a result of an automatic extension published in the Federal Register last year. The EADs will now be valid through September 30, 2000, as a result of this second automatic extension.
The automatic extension applies to EADs bearing the notation A-11 on the face of the card under "Category" if the EAD was issued on a Form I-766; or "274a.12(A)(11)" on the face of the card under "Provision of Law" if it was issued on a Form I-688B. Employers must accept such EADs for employment eligibility verification (Form I-9) purposes, even though the documents contain an expiration date that has passed.
In a Federal Register notice issued on December 14, 1998, INS extended work authorization through December 22, 1999, to provide additional time for those eligible under the Haitian Refugee Immigration Fairness Act (HRIFA) of 1998, to file their adjustment of status applications; qualified Haitians have been able to apply since June 11, 1999. Because of the unanticipated delay in promulgating these regulations, INS determined that the EADs granted to affected Haitian nationals should be extended by Federal Notice for a second time. Eligible individuals who still have not applied for adjustment of status should do so as soon as possible. Principal HRIFA beneficiaries must properly file their applications on or before March 31, 2000. There is no application deadline for dependents.
To file a HRIFA-based adjustment of status application with INS, applicants must submit their application (Form I-485, Application to Register Permanent Residence or Adjust Status), supporting documents, and fee ($220 or $160 for those under 14 ) by mail to USINS Nebraska Service Center, P.O. Box 87245, Lincoln, NE 68501-7245. If the applicant is 14 years of age or older, a $25 fee to cover the cost of fingerprinting must also be submitted.
Applicants wishing to obtain employment authorization beyond September 30, 2000, for the time their adjustment of status application is pending, should also file a Form I-765, Application for Employment Authorization, and submit a $100 fee with INS.
– INS –