New Application Guidelines for Haitians Eligible for Employment Authorization Under Deferred Enforced Departure

WASHINGTON - The Immigration and Naturalization Service (INS) announced today guidelines and application procedures for certain Haitian nationals eligible to apply for Deferred Enforced Departure (DED) employment authorization. On December 23,1997, President Clinton directed the Attorney General to defer the deportation of certain Haitian nationals and authorize employment for them until December 22,1998.

With some exceptions, Haitian nationals will be eligible for DED employment authorization if they filed for asylum before December 31, 1995, OR were paroled into the United States before December 31, 1995, AND if they have been continuously present in the United States since that date. An alien meets the asylum filing requirement if such alien was included in an asylum application filed before December 31, 1995, by his or her spouse, or by his or her parent, while the alien was unmarried and under the age of 21.

DED employment authorization does not apply to a Haitian national: (1) who has been convicted of an aggravated felony; (2) who is found to be a persecutor of others under INA 101 (a)(42) [8 U.S.C. 1101 (a)(42)]; (3) whose removal the Attorney General determines to be in the interests of the United States; (4) whose presence or activities in the United States the Secretary of State has reasonable ground to believe would have potentially serious adverse foreign policy consequences for the United States; (5) who voluntarily returned or returns to Haiti or his or her country of last habitual residence outside the United States; (6) who was deported, excluded, or removed prior to December 23, 1997, or (7) who is subject to extradition.

AU eligible Haitians who want work authorization are encouraged to apply as soon as possible for DED employment authorization. The applicant must complete INS Form 1-765, Application for Employment Authorization, and the "Haitian Deferred Enforced Departure (DED) Supplement to Form 1-765." The completed forms and the required documentation must be mailed to the appropriate INS Service Center. Page 5 of the Form 1-765, Application for Employment Authorization, specifies filing locations. For example, in Florida the application should be mailed to the Dallas INS Service Center, P.O. Box 152122, Dept. A, Irving, Texas 68501-7765. In New York, the application should be mailed to the Vermont INS Service Center, P.O. Box 9765, St. Albans, Vermont 054799765.

Form I-765 and the Supplement may be obtained by calling INS at 1 (800) 870-3676 to request the application for Haitian DED employment authorization. Forms can also be downloaded from the Internet at www.ins.uscloj.gov/forms/formsbymail. Photocopies (more) of the form may be used. Please note: Haitian nationals who are filing for DED employment authorization should write "(a)(11)" in item #16 of Form 1-765.

Questions and Answers for Eligible Haitian Applicants

Q) Is there a separate registration requirement for Haitian DED?

A) There is no registration requirement for DED protection for eligible Haitians. Theregistration requirement is only for DED employment authorization.

Q) What of documentation do I need to file for DED employment authorization?

A) A list of required documentation is on page 1 of the "Haitian Deferred Enforced Departure Supplement to Form 1-765."

Q) Can my family apply for DED employment authorization?

A) Yes, if they meet the DED eligibility requirements. Spouses and children must complete separate applications, which can be mailed in one envelope.

Q) Where do I send the completed forms?

A) Applicants must mail their completed DED employment authorization application to the appropriate INS Service Center. See page 5 of the Form 1-765.

Q) What is the deadline for filing Form I-765?

A) Since the Haitian DED program ends December 22,1998, you should file your application for DED-related work authorization as soon as possible.

Q) How much does it cost to apply for DED employment authorization?

A) There is no fee.

Q) If I have been absent from the United States, can I still be eligible for DED and employment authorization?

A) For Haitian DED and employment authorization eligibility, you must have been ill continuously present" in the United States. "Continuously present" is defined to mean no absences from the United States after December 31, 1995, or, if there were absences from the United States since that date: (1) the total time period of such absences does not exceed 180 days; AND (2) for each absence the Haitian either returned to the United States with advance parole or was inspected and admitted to the United States.

Q) Can I travel outside of the United States?

A) DED eligible Haitians who need to travel outside of the United States must notify INS and file Form 1-131 to request advance parole. However, a Haitian national who voluntarily returns to Haiti or his or her country of last habitual residence outside the United States will be disqualified from DED benefits.

Q) Once I get DED employment authorization, how long can I work and stay in the United States?

A) Until December 22,1998.