[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Rules and Regulations]
[Pages 4780-4782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2334]


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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Service (Service) regulations by removing outdated language requiring 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

[[Page 4781]]

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.

[[Page 4782]]

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]
BILLING CODE 4410-01-M