[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Rules and Regulations]
[Pages 4780-4782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2334]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 244
[INS No. 1972-99]
RIN 1115-AF37
Temporary Protected Status: Amendments to the Requirements for
Employment Authorization Fee, and Other Technical Amendments
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends the Immigration and Naturalization
Service (Service) regulations by removing outdated language requiring
that only certain EL Salvadorans must pay a fee for Temporary Protected
Status (TPS)-related applications for employment authorization
documents (EADs). Removing this language will make Service regulations
conform to current Service policy as provided in the instructions to
the Form I-765. The instructions on the Form I-765 instruct all
applicants for TPS who desire employment authorization to pay the fee.
DATES: Effective date: This interim rule is effective February 1, 1999.
Comment date: Comments must be submitted on or before April 2,
1999.
ADDRESSES: Please submit written documents, original and two copies, to
the Director, Policy Directives and Instructions Branch, Immigration
and Naturalization Service, 425 I Street NW, Room 5307, Washington, DC
20536. To ensure proper handling, please reference INS No. 1972-99 on
your correspondence. Comments are available for public inspections at
the above address by calling (202) 514-3291 to arrange for an
appointment.
FOR FURTHER INFORMATION CONTACT: Michael Valverde, Residence and Status
Branch, Office of Adjudications, Immigration and Naturalization
Service, 425 I Street, NW, Room 3040, Washington, DC 20536, telephone
(202) 514-3228.
SUPPLEMENTARY INFORMATION:
What is Temporary Protected Status?
Under section 244 of the Immigration and Nationality Act (Act), TPS
is a temporary immigration status granted by the Attorney General to
eligible nationals of a designed country or part of a country.
Beneficiaries of TPS are granted a stay of removal and employment
authorization for the designated TPS period and for any extensions of
the designations. TPS does not lead to permanent resident status.
What Language is Being Removed Regarding Application Fees for
Employment Authorization Documents?
The Service is amending section 244.6 to remove outdated language
requiring that only certain El Salvadorans must pay a fee for TPS-
related applications for EADs. Section 244.6 currently states that``* *
* the filing fee for the Form I-765 will be charged only for those
aliens who are nationals of El Salvador, and are between the ages of 14
and 65 (inclusive), and are requesting work authorization.'' This
language pertains to the statutory designations of EL Salvador for TPS
(under section 303 of the Immigration Act of 1990) that expired June
30, 1992.
The El Salvador specific fee language has been superseded by the
fee requirements contained on the instructions to the Form I-765 (last
revised on April 25, 1995). The Form I-765 instructs applicants filing
for initial TPS to pay the fee if they wish to receive employment
authorization. The Service generally charges fees for
[[Page 4781]]
persons who apply for TPS (Form I-821) and who want employment
authorization (Form I-765) regardless of nationality. Applicants also
have the option of requesting a fee waiver for one or both of these
fees in accordance with section 244.20. The Service does not charge a
fee when a TPS applicant files the I-765 to comply with Service data
collection purposes only and does not wish to receive employment
authorization. Accordingly, section 244.6 will be amended by removing
the phrase ``who are nationals of El Salvador''.
This interim regulation does not change the fee requirements for
the Form I-821, Application for Temporary Protected Status or the
related fingerprint fee.
Technical Changes
What Is Being Changed Regarding Application Filing Procedures?
The Service is amending 8 CFR part 244 to remove the word
``district'' when used in a reference to a ``district director''.
Through this change, the Service will have the flexibility to determine
where an applicant should submit an application for TPS and which
Service personnel will adjudicate the application. In order to ensure
that applicants know where to file applications, all future
publications by the Service in the Federal Register announcing new TPS
designations or extensions will contain information regarding where
applicants should file.
What Is Being Changed Regarding the Duration of Employment
Authorization?
A technical amendment to section 244.12 will allow the Service to
issue EADS, which are valid for a period of up to eighteen (18) months.
Under section 244 of the Act, the Attorney General can authorize an
initial designation period for TPS from 6 to 18 months. However,
section 244.12 currently limits the validity period of TPS-related EADs
to 12 months. This interim rule allows the Service to provide for a
period of employment authorization commensurate with the entire
designation period of TPS and will eliminate the need to reissue EADs
after 12 months.
Good Cause Exception
This interim rule is effective upon publication in the Federal
Register although the Service invites post-promulgation comments and
will address any such comments in a final rule. For the following
reasons, the Service finds that good cause exists for adopting this
rule without the prior notice and comment period ordinarily required by
5 U.S.C. 553(b)(B) and (d)(3). The Amendments and technical changes
made by this rule are administrative in nature and are necessary in
order to: clarify the fee requirements for new classes of TPS eligible
nationals who will be applying for employment authorization, update and
standardize existing procedures, and enable the Service to more
efficiently process applications for Temporary Protected Status.
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has
reviewed this regulation and, by approving it, certifies that this rule
will not have a significant economic impact on a substantial number of
small entities. This rule applies to individuals and has no economic
effect on small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any 1 year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined in section 804 of the
Small Business Regulatory Enforcement Fairness Act of 1996. This rule
will not result in an annual effect on the economy of $100 million or
more; a major increase in costs or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
Executive Order 12866
This rule is not considered by the Department of Justice,
Immigration and Naturalization Service, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review, and the Office of Management and Budget
has waived its review process under section 6(a)(3)(A).
Executive Order 12612
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government.
Therefore, in accordance with Executive Order 12612, it is
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Executive Order 12988 Civil Justice Reform
This interim rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of E.O. 12988.
List of Subjects in 8 CFR Part 244
Aliens, Reporting and recordkeeping requirements.
Accordingly, part 244 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 244--TEMPORARY PROTECTED STATUS FOR NATIONALS OF DESIGNATED
STATES
1. The authority citation for part 244 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.
Sec. 244.1 [Amended]
2. In Sec. 244.1, the definition for the term Register is amended
by removing the word ``district''.
3. Section 244.6 is revised to read as follows:
Sec. 244.6 Application.
An application for Temporary Protected Status must be made in
accordance with Sec. 103.2 of this chapter except as provided in this
section. Each application must be filed with the fee, as provided in
Sec. 103.7 of this chapter by each individual seeking temporary
protected status, except that the filing fee for the Form I-765 will be
charged only for those applicants between the ages of 14 and 65
(inclusive) who are requesting employment authorization. Each
application must include a completed Form I-821, Application for
Temporary Protected Status, Form I-765, Application for Employment
Authorization, two identification photographs (1\1/2\'' x 1\1/2\''),
and supporting evidence as provided in Sec. 244.9. Every applicant who
is 14 years of age or older must be fingerprinted on Form FD-258,
Applicant Card, as prescribed in Sec. 103.2(e) of this chapter.
[[Page 4782]]
Sec. 244.10 [Amended]
4. In Sec. 244.10, the section heading is amended by removing the
word ``district''.
5. Section 244.10 is amended by removing the word ``district''
wherever it appears in the following paragraphs:
a. Paragraph (a);
b. Paragraph (b);
c. Paragraph (d)(2); and
d. Paragraph (f)(2)(iii).
6. In Sec. 244.10, paragraph (f)(4)(ii) is amended by revising the
phrase ``District Office'' to read: ``district office or service
center''.
Sec. 244.12 [Amended]
7. In Sec. 244.12, paragraph (a) is amended by removing the phrase
``or twelve (12) months, whichever is shorter''.
Sec. 244.15 [Amended]
8. In Sec. 244.15, paragraph (a) is amended in the third sentence
by removing the word ``district''.
Sec. 244.18 [Amended]
9. In Sec. 244.18, paragraph (b) is amended in the last sentence by
revising the term ``district director'' to read ``director'', and by
revising the phrase ``the district where'' to read ``the jurisdiction
where''.
Dated: January 26, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-2334 Filed 1-29-99; 8:45 am]
BILLING CODE 4410-01-M
