[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
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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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