Immigration and Nationality Forms

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.

* * * * *

------------------------------------------------------------------------

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.

* * * * *

------------------------------------------------------------------------

GPO stock No. (S/ Price per

Form No. N) 100/pd

------------------------------------------------------------------------

* * * * *

I-765..................................... 027-002-00441-8 49.00

I-817..................................... 027-002-00415-9 36.00

* * * * *

------------------------------------------------------------------------

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]]

------------------------------------------------------------------------

GPO stock No. (S/ Price per

Form No. N) 100/pd

------------------------------------------------------------------------

* * * * *

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

* * * * *

------------------------------------------------------------------------

* * * * *

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.

* * * * *

------------------------------------------------------------------------

Dated: August 7, 1996.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 96-23035 Filed 9-10-96; 8:45 am]

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