Temporary Protected Status: Amendments to the Requirements for Employment Authorization Fee, and Other Technical Amendments

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Service (Service) regulations by removing outdated language requiring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]

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