Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 50999

Requirements for VWPP Participation

(Addition of Slovenia)

For a country to qualify as participant

in the VWPP, the country must agree to

waive the visa requirement for nationals

of the United States entering for

business or pleasure for ninety (90) days

or less, must meet statutorily prescribed

limits on rates of exclusion at Ports-ofEntry and on overstay rates, and must

have a machine readable passport

program. The Attorney General, in

consultation with the Secretary of State,

has determined that Slovenia has met

these requirements, and Slovenia,

therefore, is added, effective September

30, 1997 as a participating country in

the Visa Waiver Pilot Program. (See the

Department of State rule published

elsewhere in this issue of the Federal

Register.)

Good Cause Exemption

The Service’s implementation of this

rule as an interim rule, with a 60-day

provision for post-promulgation public

comments, is based upon the ‘‘good

cause’’ exceptions found at 5 U.S.C. 553

(b)(B) and (d)(3). The reasons and the

necessity for immediate implementation

of this interim rule without prior notice

and comment are as follows: This

interim rule relieves a restriction and

will facilitate business and tourist travel

to the United States and Slovenia.

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 merely removes a

restriction for both the traveling public

and United States businesses.

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 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.

Unfunded Mandates Reform Act of

1995

This rule will not result in

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any one 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 by section 804 of the Small

Business Regulatory Enforcement 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

the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

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 217

Administrative practices and

procedures, Aliens, Nonimmigrants,

Passports and visas.

Accordingly, part 217 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 217—VISA WAIVER PILOT

PROGRAM

1. The authority citation for part 217

continues to read as follows:

Authority: 8 U.S.C. 1103, 1187; 8 CFR part

2.

2. In § 217.2 paragraph (a) is amended

by revising the definition for

‘‘Designated country’’ to read as follows:

§ 217.2 Eligibility.

(a) * * *

* * * * *

Designated country refers to Andorra,

Argentina, Australia, Austria, Belgium,

Brunei, Denmark, Finland, France,

Germany, Iceland, Ireland, Italy, Japan,

Liechtenstein, Luxembourg, Monaco,

the Netherlands, New Zealand, Norway,

San Marino, Slovenia, Spain, Sweden,

Switzerland, and the United Kingdom.

The United Kingdom refers only to

British citizens who have the

unrestricted right of permanent abode in

the United Kingdom (England, Scotland,

Wales, Northern Ireland, the Channel

Islands and the Isle of Man); it does not

refer to British overseas citizens, British

dependent territories’ citizens, or

citizens of British Commonwealth

countries.

* * * * *

Dated: September 25, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–25982 Filed 9–29–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Executive Office for Immigration

Review

8 CFR Part 245

[EOIR No. 119I; A.G. ORDER No. 2117–97]

RIN 1125–AA20

Adjustment of Status to That of Person

Admitted for Permanent Residence

AGENCY: Executive Office for

Immigration Review, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule enables the

Executive Office for Immigration

Review to complete adjudication of

timely filed section 245(i) adjustment

applications after September 30, 1997.

DATES: Effective Date: This rule is

effective September 30, 1997. Comment

Date: Written comments must be

received on or before December 1, 1997.

ADDRESSES: Please submit written

comments to Margaret M. Philbin,

General Counsel, Executive Office for

Immigration Review, 5107 Leesburg

Pike, Suite 2400, Falls Church, Virginia,

22041.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin, General Counsel,

Executive Office for Immigration

Review, 5107 Leesburg Pike, Suite 2400,

Falls Church, Virginia, 22041, telephone

(703) 305–0470.

SUPPLEMENTARY INFORMATION: On August

26, 1994, Congress enacted the

Department of Commerce, Justice, State,

and the Judiciary and Related Agencies

Appropriations Act of 1995, Pub. L.

103–317. Section 506(b) of this law

added a new section 245(i) to the

Immigration and Nationality Act (the

Act) which allows certain persons

already in the United States to adjust
51000 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations

status, despite the provisions of section

245 (a) and (c) of the Act, upon payment

of a fee in addition to the base filing fee

for an adjustment of status application.

On July 23, 1997, the Immigration and

Naturalization Service (Service)

published an interim rule with request

for comments (62 FR 39417) concerning

adjustment of status applications filed

pursuant to section 245(i) of the Act.

The supplementary information to the

interim rule reiterates that the

provisions of section 245(i) apply only

to applications filed on or after October

1, 1994, and before October 1, 1997. See

section 506(c) of Pub. L. 103–317. By

law, benefits may not be granted

pursuant to section 245(i) of the Act to

aliens who attempt to file anew

application for adjustment of status

under that subsection after September

30, 1997. All applications for

adjustment of status filed pursuant to

section 245 of the Act which are

submitted after September 30, 1997,

must be adjudicated pursuant to section

245(a) of the Act.

This interim rule is published in

order that all applications for

adjustment of status filed pursuant to

section 245(i) be adjudicated in a

consistent manner. Since applications

for adjustment of status may be

adjudicated by either the Service or the

Executive Office for Immigration

Review (EOIR) (which includes the

Immigration Courts and the Board of

Immigration Appeals), this interim rule

enables the Executive Office for

Immigration Review to complete

adjudication of timely filed section

245(i) adjustment applications after

September 30, 1997, and makes it clear

that neither the Service nor EOIR may

approve an application for adjustment

of status pursuant to section 245(i) of

the Act if such application was filed

either before October 1, 1994, or after

September 30, 1997. However, both the

Service and EOIR may complete

adjudication of timely filed section

245(i) adjustment applications after

September 30, 1997.

The implementation of this rule as an

interim rule, with provisions for postpromulgation public comment, is based

upon the ‘‘good cause’’ exceptions

found at 5 U.S.C. 553 (b)(B) and (d)(3).

The reasons and the necessity for

immediate implementation of this

interim rule without prior notice and

comment are as follows: Immediate

implementation of this rule will ensure

that all applications for adjustment of

status filed pursuant to section 245(i)

are adjudicated in the same manner and

will avoid any delay in the processing

of these applications.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b),

the Attorney General certifies that this

rule affects only those aliens who are

applying to adjust their status under

section 245(i) of the Immigration and

Nationality Act. Therefore, this rule

does not have a significant economic

impact on a substantial number of small

entities.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any one 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 by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $110

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 foreignbased companies in domestic and

export markets.

Executive Order 12866

The Attorney General has determined

that this rule is not a significant

regulatory action under Executive Order

No. 12866, and accordingly this rule has

not been reviewed by the Office of

Management and Budget.

Executive Order 12612

This rule has no federalism

implications warranting the preparation

of a Federalism Assessment in

accordance with Executive Order No.

12612.

Executive Order 12988

This rule meets the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order No. 12988.

List of Subjects in 8 CFR Part 245

Aliens, Immigration, Reporting and

recordkeeping requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

as follows:

PART 245—ADJUSTMENT OF STATUS

TO THAT OF PERSON ADMITTED FOR

PERMANENT RESIDENCE

1. The authority citation for part 245

continues to read as follows:

Authority: 8 U.S.C. 1103, 1103, 1182, 1255;

8 CFR part 2.

§ 245.10 [Amended]

2. In § 245.10 paragraphs (c) and (f)

are revised to read as follows:

* * * * *

(c) Application period. Neither the

Service nor the Executive Office for

Immigration Review may approve an

application for adjustment of status

pursuant to section 245(i) of the Act if

such application was filed either before

October 1, 1994, or after September 30,

1997. If an alien attempts to file an

adjustment of status application under

the provisions of section 245(i) after

September 30, 1997, the Service will

accept the application and base filing

fee, as set forth in § 103.7(b)(1) of this

chapter, return the additional sum of

$1,000 to the alien, and either the

Service or the Executive Office for

Immigration Review will adjudicate the

application pursuant to section 245(a) of

the Act. If the alien, in such a case, is

not eligible for adjustment of status,

either the Service will issue a written

notice advising the alien of the denial of

the application for adjustment of status,

or the Executive Office for Immigration

Review will deny the application for

adjustment of status.

* * * * *

(f) Completion of processing of

pending applications. (1) An

application for adjustment of status filed

subsequent to September 30, 1994, and

prior to October 1, 1997, shall be

adjudicated to completion by an officer

of the Service or by the Executive Office

for Immigration Review, regardless of

whether the final decision is made after

September 30, 1997. The provisions of

paragraph (d) of this section regarding

amended applications shall apply to all

such applications. The Service or the

Executive Office for Immigration

Review may consider a motion to

reopen or reconsider an application for

adjustment of status on the basis of

section 245(i) of the Act only if:

(i) The application for adjustment of

status was filed on or after October 1,

1994, and before October 1, 1997, and

(ii) Prior to October 1, 1997, the

applicant submitted Supplement A to

Form I-485, any additional sum required

by section 245(i), and any other required

documentation.

(2) Any application for adjustment of

status submitted pursuant to section

245(i) and considered in deportation or
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Rules and Regulations 51001

removal proceedings must be filed

between October 1, 1994, and October 1,

1997.

* * * * *

Dated: September 24, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–25931 Filed 9–29–97; 8:45 am]

BILLING CODE 4410–30–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 274a

[INS NO. 1818–96]

RIN 1115–AE94

Interim Designation of Acceptable

Documents for Employment

Verification

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: The Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996 (IIRIRA) amended existing

law by removing certain documents

from the list of acceptable documents

for use in the employment eligibility

verification process. By law, those

changes take effect no later than

September 30, 1997, and this rule

implements those changes. Although

the Immigration and Naturalization

Service (Service) is in the process of

developing proposed rules to revise and

streamline the employment verification

process, together with revised forms and

guidance, those rules are not yet ready

to be promulgated. Thus, in

promulgating this interim rule to

implement the changes striking certain

documents from the statutory list, the

Service is also exercising available

regulatory authority to restore many of

the existing documents, insofar as

possible, by designating them to be

retained on the list of acceptable

documents until further notice. This

notice is intended to retain the status

quo as much as possible at this time,

pending the completion of action on the

document reduction program, which

will be accomplished in a separate

rulemaking action.

DATES: This interim rule is effective

September 30, 1997.

Comment date: Written comments

must be submitted on or before

December 1, 1997.

ADDRESSES: Please submit written

comments, in triplicate, 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. 1818–96 on your correspondence.

Comments are available for public

inspection at the above address by

calling (202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Marion Metcalf, Special Assistant,

HQIRT, 425 I Street NW., Washington,

DC, 20536; (202) 307–6596; or email at

metcalfm@justice.usdoj.gov. Please note

that the email address is for further

information only and may not be used

for the submission of comments.

SUPPLEMENTARY INFORMATION: The Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996 (IIRIRA),

Pub. L. 104–208, enacted on September

30, 1996, amended the employer

sanctions provisions of section 274A of

the Immigration and Nationality Act

(Act) to require a reduction in the

number of documents acceptable for

completion of the Employment

Eligibility Verification form (Form I–9).

These amendments must be in effect no

later than September 30, 1997. This

interim rule is necessary to implement

the changes required by IIRIRA.

The Service is currently developing a

document reduction initiative which

will result in a number of changes in

this area, including eliminating various

documents from the existing lists,

revising the Form I–9, and developing

new guidance for employers and

employees regarding the employment

verification process. Those changes,

when finalized, will implement the

changes enacted by IIRIRA as well as

respond to other concerns about the

present process. However, that

initiative, which the Service intends to

publish as a proposed rule in a separate

rulemaking action within the next 6

months, is not yet ready for

promulgation.

At this time, the Service must amend

its rules to take account of the statutory

changes that take effect September 30,

1997. However, although IIRIRA deleted

certain documents from the statutory

list of acceptable documents, the Act

also retained (in amended form) the

authority of the Attorney General to

designate specific documents as

acceptable in addition to the statutory

list. Accordingly, in amending existing

regulations to take account of these

statutory changes, the Service at the

same time is also acting to restore the

use of some of those documents by

exercising available authority (as

amended by IIRIRA) to continue to

designate certain documents as

acceptable for employment verification

until completion of the separate

document reduction initiative.

By this means, as discussed in more

detail below, the Service is acting to

designate foreign passports with

specified Service work authorization

stamps in two instances as ‘‘List A’’

documents—that is, as documents

evidencing both identity and work

authorization. This rule also expands

the existing receipt rule to ensure that

certain refugees and lawful permanent

residents will still be able to meet the

employment verification requirements

even though they do not yet have a

required document. Finally, even

though IIRIRA eliminates birth

certificates as a specific statutory ‘‘List

C’’ document—this is, as a document

evidencing employment authorization—

this rule reflects a determination (as a

matter of discretionary regulatory

authority) to designate birth certificates

as an acceptable document for this

purpose. (This designation of birth

certificates will continue only until

completion of the separate rulemaking

proceeding. The Service intends to

propose elimination of the use of birth

certificates, as well as certain other

existing documents, in that proposed

rule.)

The result of the statutory changes

and the new designations embodied in

this interim rule is that all of the

existing ‘‘List A’’ documents will be

retained, except for the following three

kinds of documents: a Certificate of U.S.

Citizenship; a Certificate of

Naturalization; and a foreign passport

not meeting the standards set forth in

this interim rule, as discussed below. As

to those three documents, there is no

statutory authority to retain them on

‘‘List A.’’ In addition, there will be no

change at all at this time with respect to

either ‘‘List B’’ documents (evidencing

identity) or ‘‘List C’’ documents

(evidencing employment authorization).

The purpose of this interim rule is to

maintain the status quo as much as

possible during this transitional period

so as to avoid confusion and disruption

in the employment verification process

at this time. Although some changes are

required by law, the Service recognizes

that these changes are necessarily being

implemented with little advance public

notice, and without any revisions to the

existing Form I–9 and the published

Handbook for Employers (Form M–274).

Accordingly, as explained below, in

order to minimize confusion and

disruption, the Service will exercise its

discretion to forgo enforcement actions

against employers who continue to act

in reliance upon and in compliance

with existing employment verification