[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Rules and Regulations]
[Page 4631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2424]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Rules
and Regulations
[[Page 4631]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 204
[INS No. 1647-95]
RIN 1115-AE24
Priority Dates for Employment-Based Petitions
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This final rule adopts without change, an interim rule
published in the Federal Register by the Immigration and Naturalization
Service (``the Service'') on June 27, 1996, that eliminated a
requirement that an employment-based petition, based on a labor
certification which was accepted by a state employment agency before
October 1, 1991, must be filed with the Service before October 1, 1993,
in order to maintain a pre-October 1, 1991, priority date. This final
rule is necessary to implement section 218 of the Immigration and
Nationality Technical Corrections Act of 1994 (INTCA).
EFFECTIVE DATE: January 31, 1997.
FOR FURTHER INFORMATION CONTACT:
Michael W. Straus, Senior Adjudications Officer, Adjudications
Division, Immigration and Naturalization Service, 425 I Street, NW.,
Room 3412, Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: On October 25, 1994, the President signed
into law the Immigration and Nationality Technical Corrections Act of
1994 (INTCA), Pub. L. 103-416. Before the enactment of INTCA, if an
employer filed a labor certification with a state employment agency
prior to October 1, 1991, the employer was required to file an
employment-based petition with the Service by September 30, 1993, in
order to maintain the pre-October 1, 1991, priority date. Section 218
of INTCA eliminated this provision. As a result, the priority date for
all employment-based petitions accompanied by a labor certification is
the date the State employment office accepted the labor certification.
On June 27, 1996, at 61 FR 33304-05, the Service published an
interim rule with request for comments implementing section 218 of
INTCA in the Federal Register. Interested persons were invited to
submit written comments on or before August 26, 1996. The Service
received no comments. For the reasons given in the June 27, 1996,
interim rule, the Service will adopt the interim rule as final without
change.
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 affects only a very limited number of
petitioners and aliens who filed requests for labor certifications
prior to October 1, 1991.
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 regulation 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
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 204
Administrative practice and procedure, Aliens, Employment,
Immigration, Petitions.
Accordingly, the interim rule amending 8 CFR part 204, which was
published in the Federal Register at 61 FR 33304-05 on June 27, 1996,
is adopted as a final rule without change.
Dated: January 17, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-2424 Filed 1-30-97; 8:45 am]
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