[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Rules and Regulations]
[Pages 47799-47801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23035]
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Rules and Regulations
Federal Register
________________________________________________________________________
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.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
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Federal Register / Vol. 61, No. 177 / Wednesday, September 11, 1996 /
Rules and Regulations
[[Page 47799]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 282, 299 and 499
[INS No. 1638-95]
RIN 1115-AD58
Immigration and Nationality Forms
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Immigration and Naturalization Service's
(Service) regulations by updating the listing of forms currently in use
by the Service. This revision is necessary to ensure that only current
editions of forms listed in the regulations are used and the public has
access to correct information concerning public use forms that have
been approved for use by the Office of Management and Budget, and forms
available for purchase from the Superintendent of Documents. This rule
also provides approved Service standards which, when followed, will
allow the public to electronically generate Service forms.
EFFECTIVE DATE: September 11, 1996.
FOR FURTHER INFORMATION CONTACT:
Richard A. Sloan, Director, Policy Directives and Instructions Branch,
Immigration and Naturalization Service, 425 ``I'' Street NW.,
Washington, DC 20536, Telephone: (202) 514-3291.
SUPPLEMENTARY INFORMATION: On May 17, 1994, the Service published an
interim rule with request for comments in the Federal Register at 58 FR
25555-25561. The interim rule:
(1) Revised Secs. 299.1 and 499.1 by updating the listing of the
prescribed forms to be used in compliance with the provisions of Title
8 of the Code of Federal Regulations;
(2) Revised Sec. 299.3 by updating the listing of forms that could
be purchased from the Superintendent of Documents, their stock numbers,
and prices;
(3) Provided standards in Sec. 299.4 which, when followed, would
allow the public to take advantage of the automated technology
available in the marketplace to electronically generate Service forms
that would be deemed acceptable for processing; and
(4) Revised Sec. 299.5 to reflect current public use forms and
their respective Office of Management and Budget (OMB) control numbers.
The comment period for the interim rule ended on July 18, 1994. The
Service received comments from five commenters. The following is a
discussion of those comments along with the Service's response.
Acceptance of Computer-Generated Form I-20
A majority of the commenters expressed enthusiastic appreciation
for the opportunity to utilize laser printed I-20 Forms. One commenter
stated that, during peak periods, the computerized forms saved 15 staff
hours of processing time per week, and another commenter stated that
the productivity of school office staff increased dramatically.
Still another commenter offered congratulations to the Service for
addressing the needs and desires of those using our forms and could
find nothing to change in the interim rule.
The Service is encouraged by these comments and will continue to
try to accommodate the needs of the public while still maintaining our
proposed standards.
Non-Acceptance of Computer-Generated Form I-20
One commenter urged the Service to reconsider its utilization of
computer-generated Form I-20. The commenter opined that the use of such
documents encouraged fraud and suspicion.
The Service appreciates these comments and feels it necessary to
reassure this commenter that the computer-generated Form I-20 will be
processed by officers of the Service, who are highly trained in
detecting fraudulent documents. However, to alleviate these fears, the
Service has issued policy guidance to the field which states that those
private entities that electronically generate Form I-20 in single page
format rather than double sided format, will be required to include the
student's name, school, and date of birth in a shaded box on the top of
page 4, using the same type size and font style as the body of the
form. This policy has been included in Sec. 299.4(b)(1) of this final
rule and will continue to allow the private sector to electronically
produce the Form I-20 while providing the latest safeguards against
fraudulent Form I-20's being submitted.
Other Topics Addressed
Another commenter was very complimentary about the entire change in
policy concerning the acceptance of electronically generated forms and
suggested that the Service revise the language contained in
Sec. 299.4(d) concerning the use of laser printers or near-letter-
quality printers. Specifically, this commenter felt that the Service
needed to address future changes in printer technologies. The Service
concurs with this suggestion and is revising the language in
Sec. 299.4(d) to allow for the use of electronic printers that provide
near-letter-quality documents to generate electronic forms.
Final Rule
In addition to the changes being incorporated into Sec. 299.4
(b)(1) and (d) of this final rule, the Service is also:
(1) Removing 8 CFR part 282 which includes certain language that is
already contained in section 282 of the Immigration and Nationality Act
and which will be included in 8 CFR 299.3;
(2) Amending Sec. 299.3 by updating the listing of forms that could
be purchased from the Superintendent of Documents, the related stock
numbers, and prices;
(3) Amending Secs. 299.1 and 299.4 by updating the listing of the
prescribed forms to be used in compliance with the provisions of Title
8 of the Code of Federal Regulations;
(4) Amending Sec. 299.4(b)(3) and (e) to remove the office title
``Records Systems Division''; and by
(5) Amending Sec. 299.5 to reflect current public use forms and
their respective OMB control numbers.
The new actions to remove 8 CFR part 282 and amending
Sec. 299.4(b)(3) and (e) as described above are based on the ``good
cause'' exception found at 5 U.S.C. 553(d)(3). These actions will not
affect the public and are being done purely for administrative
purposes.
[[Page 47800]]
Regulatory Flexibility Act
The Commissioner of the Immigration and Naturalization Service, in
accordance with 5 U.S.C. 605(b), has reviewed this regulation and, by
approving it, certifies that this rule does not have a significant
economic impact on a substantial number of small entities. This rule is
primarily administrative in nature and merely updates the existing
forms listings currently contained in Title 8 of the Code of Federal
Regulations. In addition, this rule is intended to benefit small
entities by providing them with specific standards which, if followed,
will enable them to take advantage of existing computer technology
available in the marketplace to electronically reproduce Service forms.
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 proposed 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.
List of Subjects
8 CFR Part 282
Forms, Immigration.
8 CFR Part 299
Immigration, Reporting and recordkeeping requirements.
8 CFR Part 499
Citizenship and naturalization, Nationality forms.
Accordingly, the interim rule amending 8 CFR parts 299 and 499
which was published at 59 FR 25555-25561 on May 17, 1994, is adopted as
a final rule with the following changes:
PART 282--FORMS FOR SALE TO PUBLIC
1. Part 282 is removed.
PART 299--IMMIGRATION FORMS
2. The authority citation for part 299 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.
3. Section 299.1 is amended by: a. Removing the entries for Forms
``I-328'' and ``I-591''; and by b. Revising the entries for Forms ``FD-
258'', ``G-639'', ``I-102'', ``I-104'', ``I-246'', ``I-551'', ``I-
586'', ``I-589'', ``I-602'', ``I-607'', ``I-688'', ``I-688B'', ``I-
765'', and ``I-775'' to read as follows:
Sec. 299.1 Prescribed forms.
* * * * *
------------------------------------------------------------------------
Edition
Form No. date Title
------------------------------------------------------------------------
* * * * *
FD-258...................... 12-29-82 Applicant Fingerprint Card.
* * * * *
G-639....................... 03-21-94 Freedom of Information Act/
Privacy Act Request.
* * * * *
I-102....................... 06-13-95 Application for Replacement/
Initial Nonimmigrant Arrival/
Departure Document.
I-104....................... 11-01-84 Alien Address Report Card.
* * * * *
I-246....................... 01-15-86 Application for Stay of
Deportation.
* * * * *
I-551....................... 01-31-77 Alien Registration Receipt
Card.
* * * * *
I-586....................... 04-30-77 Nonresident Alien Border
Crossing Card.
I-589....................... 11-16-94 Application for Asylum and
for Withholding of
Deportation.
* * * * *
I-602....................... 10-01-85 Application by Refugee for
Waiver on Grounds of
Excludability.
I-607....................... 02-01-72 Order Re Waiver of
Excludability Pursuant to
Section 212(h), (i) and
Permission to Reapply.
* * * * *
I-688....................... 01-01-89 Temporary Resident Card.
* * * * *
I-688B...................... 08-07-93 Employment Authorization
Card.
* * * * *
I-765....................... 04-25-95 Application for Employment
Authorization.
I-775....................... 05-12-94 Visa Waiver Pilot Program
Agreement.
* * * * *
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4. The introductory text for Sec. 299.3 is revised to read as
follows:
Sec. 299.3 Forms available from Superintendent of Documents.
The Immigration and Naturalization Service forms listed in this
section may be obtained, upon prepayment, from the Superintendent of
Documents, who is authorized to print these forms for sale to the
public. Prices are set by the Superintendent of Documents, Government
Printing Office, and are subject to change without notice. A small
supply of these forms shall be set aside by immigration officers for
free distribution and official use.
* * * * *
Sec. 299.3 [Amended]
5. Section 299.3 is amended by removing the entries for Forms ``I-
102'', ``I-526'', ``I-600'' and ``I-600A''.
6. Section 299.3 is amended by adding the entries for Forms ``I-
765'' and ``I-817'' in proper numerical sequence, to the listing of
forms, to read as follows:
Sec. 299.3 Forms available from the Superintendent of Documents.
* * * * *
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GPO stock No. (S/ Price per
Form No. N) 100/pd
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* * * * *
I-765..................................... 027-002-00441-8 49.00
I-817..................................... 027-002-00415-9 36.00
* * * * *
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7. Section 299.3 is amended by revising the entries for forms ``I-
20MN'', ``I-94 (English)'', ``I-129F'', and ``I-693'', to read as
follows:
Sec. 299.3 Forms available from Superintendent of Documents.
* * * * *
[[Page 47801]]
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GPO stock No. (S/ Price per
Form No. N) 100/pd
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* * * * *
I-20MN.................................... 027-002-00403-5 26.00
* * * * *
I-94(English)............................. 027-002-00318-7 11.00
* * * * *
I-129F.................................... 027-002-00389-6 26.00
* * * * *
I-693..................................... 027-002-00355-1 43.00
* * * * *
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* * * * *
8. Section 299.4 is amended by:
a. Revising the introductory text in paragraph (b);
b. Revising paragraph (b)(1);
c. Revising paragraph (b)(3);
d. Revising paragraph (d); and by
e. Revising paragraph (e), to read as follows:
Sec. 299.4 Reproduction of Public Use Forms by public and private
entities.
* * * * *
(b) Requirements for electronic generation. Public or private
entities may electronically generate forms required for applying for a
specific benefit, in compliance with the immigration and naturalization
regulations, at their own expense. This includes forms that have been
made available for purchase by the Superintendent of Documents, as
listed in Sec. 299.3 provided that each form satisfies the following
requirements:
(1) An electronic reproduction must be complete, containing all
questions which appear on the official form. The wording and
punctuation of all data elements and identifying information must match
exactly. No data elements may be added or deleted. The sequence and
format for each item on the form must be replicated to mirror the
authorized agency form. Each item must be printed on the same page in
the same location. Likewise, multiple-part sets may be printed as
single sheets provided that the destination of the carbon copy is
clearly identified on the bottom of the form. Private entities must
reproduce forms on the same colored paper that is used on the official
form. In the case of the Form I-20 A-B/I-20ID, Certificate of
Eligibility for Nonimmigrant (F-1) Student Status--For Academic and
Language Students, private entities may generate this form in single-
page format rather than double-sided format, provided that the
student's name, school, and date of birth is printed in a shaded box on
the top of page 4 of the form, using the same type size and font style
as the body of the form.
* * * * *
(3) The final form must be approved for use by the Director, Policy
Directives and Instructions Branch. The form should be mailed to the
address listed in paragraph (e) of this section for approval.
* * * * *
(d) Electronic printers that provide for near-letter-quality
documents should be used to generate electronic forms. Dot matrix
printers that are only capable of producing draft quality documents
should not be used for form generation, but may be used for the entry
of data in a preprinted form where appropriate.
(e) Any form with poor print quality or other defect which renders
it illegible, difficult to read, or displays added or missing data
elements, will be rejected by the Service. Any problems regarding the
acceptability of a specific electronic version of a particular Service
form may be brought to the attention of the Director, Policy Directives
and Instructions Branch, 425 ``I'' Street, NW., Room 5307, Washington,
DC 20536, telephone number (202) 514-3048.
Sec. 299.5 [Amended]
9. Section 299.5 is amended by removing the entries for Forms ``I-
591'' and ``G-897''.
10. Section 299.5 is amended by:
a. Adding the entries for Forms ``I-847'' and ``I-855'', to the
listing of forms, in proper numerical sequence; and by
b. Adding the entries for the ``Telephone Verification System (TVS)
Pilot Phase II'' and the ``Generic Clearance of Customer Service
Surveys'' immediately after the last entry in the second column, ``INS
form title'' to read as follows:
Sec. 229.5 Display of control numbers.
* * * * *
------------------------------------------------------------------------
Currently
assigned
INS form No. INS form title OMB control
No.
------------------------------------------------------------------------
* * * * *
I-847....................... Report of Complaint.......... 1115-0191
* * * * *
I-855....................... ABC Change of Address Form... 1115-0197
* * * * *
Telephone Verification System 1115-0192
(TVS) Pilot Phase II.
Generic Clearance of Customer 1115-0195
Service Surveys.
------------------------------------------------------------------------
PART 499--NATIONALITY FORMS
11. The authority citation for part 499 continues to read as
follows:
Authority: 8 U.S.C. 1103; 8 CFR part 2.
12. Section 499.1 is amended by revising the entries for Forms ``M-
288'', ``M-289'', ``M-290'', ``M-291'', ``N-4'', ``N-565'', and ``N-
643'' to read as follows:
Sec. 499.1 Prescribed forms.
* * * * *
------------------------------------------------------------------------
Edition
Form No. date Title and description
------------------------------------------------------------------------
M-288....................... 12-30-87 United States History 1600-
1987, Level II.
M-289....................... 12-31-87 United States History 1600-
1987, Level I.
M-290....................... 01-01-90 U.S. Government Structure,
Level II.
M-291....................... 12-31-87 U.S. Government Structure,
Level I.
* * * * *
N-4......................... 12-14-93 Monthly Report--
Naturalization Papers
Forwarded.
* * * * *
N-565....................... 11-18-93 Application for Replacement
Naturalization/Citizenship
Document.
* * * * *
N-643....................... 05-10-93 Application for Certificate
of Citizenship on Behalf of
an Adopted Child.
* * * * *
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Dated: August 7, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-23035 Filed 9-10-96; 8:45 am]
BILLING CODE 4410-01-M
