Amendment of El Salvadoran TPS Interim Rule
[Rules and Regulations]
[Page 4780-4782]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe99-2]
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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SUMMARY: This interim rule amends the Immigration and Naturalization Service (Service) regulations by removing outdated language requiring that only certain EL Salvadorans must pay a fee for Temporary Protected Status (TPS)-related applications for employment authorization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
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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.
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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]
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