98-32758. Documentation of Immigrants Under the Immigration and Nationality ActInternational Organization and NATO Civilian Employee Special Immigrants

[Federal Register Volume 63, Number 238 (Friday, December 11, 1998)]
[Rules and Regulations]
[Pages 68393-68394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32758]


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DEPARTMENT OF STATE

22 CFR Part 42

[Public Notice 2935]


Documentation of Immigrants Under the Immigration and Nationality 
Act--International Organization and NATO Civilian Employee Special 
Immigrants

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

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SUMMARY: This final rule amends the Department's regulations to comply 
with new statutory authority. The rule extends fourth preference 
special immigrant classification to civilian employees of the North 
Atlantic Treaty Organization (NATO) provided they meet certain 
qualifying criteria.

EFFECTIVE DATE: The rule was effective as of October 21, 1998.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, [phone].

SUPPLEMENTARY INFORMATION: Section 421 of Subtitle B of the American 
Competitiveness and Workforce Improvement Act of 1998 in the Omnibus 
Appropriations Act of 1998 (Pub. L. 105-277) enacted on October 21, 
1998 amends the Immigration and Nationality Act (INA) by adding a new 
section (L) under section 101(a)(27). This new section entitles 
civilian NATO employees, who meet certain requirements, to apply for 
special immigrant status under INA 203(b)(4) as defined under INA 
101(a)(27)(L). Subsection (L) extends special immigrant status to NATO 
civilian employees who meet the same criteria as that required by 
international organization employees under subsection (I). The 
Department regulation at 22 CFR 42.32(d)(5) permits international 
organization employees who are beneficiaries of a petition approved by 
the Immigration and Naturalization Service to be classified as a fourth 
preference special immigrant under INA 203(b)(4). The Department is, 
therefore, amending the regulation to include civilian NATO employees 
who have approved special immigrant petitions granting status under INA 
101(a)(27)(L).

Final Rule

    The implementation of this rule as a final rule, is based upon the 
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). The provision of law being implemented became effective on 
October 21, 1998, the date of the enactment of the Omnibus 
Appropriation Act of 1998. Consular officers have been complying with 
it based on guidance essentially akin to that in this final rule but 
not yet codified in regulations. It is essential that a formal 
regulatory order undergird their actions at the earliest possible date. 
Promulgation of this rule without opportunity for public comment would 
not be contrary to public interest since it expands the special 
immigrant category to benefit additional qualified aliens as intended 
by the Congress.
    It has been determined that this rule will not have a significant 
impact on a substantial number of small entities under the criteria of 
the Regulatory Flexibility Act. This rule imposes no reporting or 
recordkeeping action on the public requiring the approval of the Office 
of Management and Budget under the Paperwork Reduction Act 
requirements. This rule is exempted from E.O. 12866 but has been 
reviewed to ensure consistency therewith.

PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION 
AND NATIONALITY ACT, AS AMENDED

List of Subjects in 22 CFR Part 42

    Aliens, Immigration, Passports and visas.

The Rule

    In view of the foregoing, the Department of State amends 22 CFR 
part 42 as follows:
    1. The authority citation for Part 42 continues to read:

    Authority: 8 U.S.C. 1104

    2. Amend Sec. 42.32(d)(5) by revising paragraph (d)(5) to read as 
follows:


Sec. 42.32  Employment-based preference immigrants.

* * * * *
    (d) * * *
    (5) Certain international organization and NATO civilian 
employees--(i) Entitlement to status. An alien is classifiable under 
INA 203(b)(4) as a special immigrant defined in INA 101(a)(27)(I) or 
(L) if the consular officer has received a petition approved by the INS 
to accord such classification, or official notification of such 
approval, and the consular officer is satisfied from the evidence 
presented that the alien is within one of the classes described 
therein.
    (ii) Timeliness of application.
    An alien accorded status under INA 203(b)(4) because of 
qualification under

[[Page 68394]]

INA 101(a)(27)(I) or (L) must appear for the final visa interview and 
issuance of the immigrant visa within six months of establishing 
entitlement to status.
* * * * *
    Dated: December 12, 1998.
Donna J. Hamilton,
Acting Assistant Secretary for Consular Affairs.
[FR Doc. 98-32758 Filed 12-10-98; 8:45 am]
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