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#1493: Work Extensions for former-DED Haitians (fwd)

From: Merrill Smith <advocacy@bellatlantic.net>

The "Extension of Work Authorization for Certain Haitians Previously
Granted Deferred Enforced Departure (DED) until September 30, 2000" (INS
No. 2037-99, Billing Code 4410-10) was placed on public view
Friday and is due to be published in the Federal Register December 20,
1999 which is also its effective date. Interested parties can download
the original in PDF format at <www.nara.gov>. Following are some

Automatic extension is granted until September 30, 2000 (i.e., six
months after the cut-off date for HRIFA applications) to EADs bearing
"A-11" under "Category" (Forms I-766) or "274A.12(A)(11)" under
"Provision of Law" (Forms I-688B). 

The rationale cited was the unanticipated delay in the issuance of
interim HRIFA implementing regulations. 

No one who was eligible for DED but failed to apply for it then can do
so now. Those who have lost their DED-related EADs can apply for a
replacement by sending an I-765 (and $100) to the Texas Service Center. 

The notice encourages persons eligible to adjust under HRIFA to file
I-765s along with their HRIFA application and to file both "as soon as
possible" as the turn around for EADs can be as long as 180 days and as
the deadline for filing under HRIFA (for principals) is March 31. 

"Employers presented with an EAD that has been extended by this Federal
 Register notice and that appears to be genuine and to relate to the
employee should accept the document as a valid List A document and
should not ask for additional I-9 documentation." Haitians qualified for
the automatic extension may present their old cards to their employers
for hire or reverification and may also give them a copy of the Federal
Register Notice (or the employee's choice of any other document from
Lists A, B and C on the Form I-9). No new EADs or stickers will be
issued. Employers should not request proof of Haitian citizenship. On
the Form I-9, employers should record September 30, 2000 as the document
 expiration date and note their review of the Federal Register notice if
presented by the employee. 

Employers with questions about the notice can call the INS Office of
Business Liaison employer hotline at 1-800-357-2099. Employees or
applicants with questions about the automatic extension can call the
Office of Special Counsel employee hotline at 1-800-255-7688. 
Merrill Smith
Haiti Advocacy, Inc.
1309 Independence Avenue SE
Washington DC 20003-2302
(202) 544-9084
(202) 547-2952 fax