This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

32113

Vol. 63, No. 113

Friday, June 12, 1998

DEPARTMENT OF JUSTICE

8 CFR Parts 214 and 299

[INS No. 1328–98]

RIN 1115–AB52

Nonimmigrant Classes; NATO–1,

NATO–2, NATO–3, NATO–4, NATO–5,

NATO–6, NATO–7; Control of

Employment of Aliens

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the

regulation of the Immigration and

Naturalization Service (Service)

governing employment authorization

procedures for certain dependents of

principal aliens admitted into the

United States as representatives,

officials, and employees of the North

Atlantic Treaty Organization (NATO).

This amended regulation is necessary to

provide procedures that recognize the

significant diplomatic and international

considerations involved in NATO

matters and to expand and secure

employment opportunities on the basis

of reciprocity for dependents of United

States military personnel and certain

Department of Defense (Defense)

civilian personnel stationed in NATO

member countries.

EFFECITVE DATE: This rule is effective

August 11, 1998.

FOR FURTHER INFORMATION CONTACT:

Katharine Auchincloss-Lorr,

Adjudications Officer, Immigration and

Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, Telephone (202) 514–5014.

SUPPLEMENTARY INFORMATION:

Background

On February 7, 1994, the Service

published a proposed rule in the

Federal Register at 59 FR 5533 for the

purpose of revising the regulations at 8

CFR 214.2(s) governing employment

authorization procedures for certain

dependents of principal nonimmigrant

aliens admitted to the United States as

employees, officials, and representatives

of NATO member countries and

classified as NATO–1, NATO–2,

NATO–3, NATO–4, NATO–5, and

NATO–6 nonimmigrants. In recognition

of the diplomatic and international

concerns involved in NATO matters, the

proposed rule paralleled to the extent

possible existing regulations providing

employment authorization procedures

for dependents of foreign government

diplomats, officials, and employees

assigned to official duty in the United

States and classified as A–1 and A–2

nonimmigrants and their A–3 servants.

Although public comments were

solicited, the Service received none.

This final rule is identical to the

proposed rule except as discussed in the

section of the preamble entitled Changes

from the proposed rule. The Department

of State (State), Defense, and the Office

of NATO’s Supreme Allied Commander,

Atlantic (SACLANT) have collaborated

closely with the Service in developing

this rule.

This final rule applies to certain

dependents of NATO military

personnel, who typically serve a 3-year

tour-of-duty with SACLANT, the major

NATO command headquarters in

Norfolk, Virginia. It also applies to: (1)

Certain dependents of NATO civilian

employees and officials who work at

SACLANT for extended periods; and (2)

certain dependents of NATO personnel

stationed in other locations in the

United States.

This final rule is being published in

order to expand and secure employment

opportunities on the basis of reciprocity

for dependents of United States military

personnel and certain Defense civilian

personnel stationed in NATO member

countries. All parties which

collaborated in the drafting of this rule

agree that expanding employment

opportunities in the United States for

NATO–1 through NATO–6 dependents

will further this goal. The previous

regulation enabled a dependent of a

NATO principal nonimmigrant to apply

for employment authorization in the

United States only if he or she were

covered under the terms of a bilateral

agreement. (See 8 CFR 214.2(s)(3))

This final rule expands eligibility to

apply for employment authorization to

certain dependents of NATO–1, NATO–

2, NATO–3, NATO–4, NATO–5, and

NATO–6 nonimmigrants covered by the

terms of de facto arrangements. A de

facto arrangement exists when the

United States Government determines

that a foreign country allows

appropriate employment ‘‘on the local

economy’’ for certain dependents of

Untied States Government personnel

assigned to official duty in that foreign

country. Based on that determination,

certain dependents of foreign

government personnel assigned to

official duty in the United States may

apply for employment authorization

reciprocally. This final rule provides for

such benefits to the extent that de facto

privileges are continued or established

in NATO member states for dependents

of United States military personnel and

certain Defense civilian personnel.

This final rule recognizes the

importance to United States families of

the freedom to work ‘‘on the economy’’

abroad. This regulation attempts to

alleviate the stresses on military family

life occasioned by the high cost of living

in some countries where United States

personnel are stationed and the limited

number of jobs available on United

States bases abroad, coupled with

household moves every few years which

disrupt a dependent’s career and which

are exacerbated if a dependent is barred

from employment overseas.

This final rule parallels, as much as

possible, the regulations governing ‘‘A’’

and ‘‘G’’ nonimmigrants. For example,

the NATO–7 classification contains

periods for admission and extension of

stay that are parallel to the A–3

classification. The definitions used (for

example, of the words ‘‘dependent’’ and

‘‘de facto’’) also parallel the definitions

used in those regulations. Like the ‘‘A’’

and ‘‘G’’ regulations, this regulation

extends the period for dependent

employment authorization up to 3 years

and requires that NATO dependents

must pay taxes and Social Security on

their earnings.

Similarly, like the ‘‘A’’ and ‘‘G’’

regulations, the regulations at 8 CFR

214.2(s)(2)(v) and (5)(vi) authorizes

NATO dependent employment

procedures for sons and daughters who

are physically or mentally disabled to

the extent that they cannot adequately

care fore themselves or cannot establish,

maintain, or reestablish their own

households.
32114 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations

Effect of Engaging in Unauthorized

Employment

The Service is responsible for

enforcing the requirements of section

274A of the Act (employer sanctions).

Employers who knowingly hire or

knowingly continue to employ

unauthorized aliens are subject to civil

monetary penalties under section 274A

of the Act. Like ‘‘A’’ and ‘‘G’’

nonimmigrants, NATO aliens may not

engage in employment outside the scope

of their specific authorization. NATO

principal aliens may work only for

NATO in accordance with 8 CFR

274a.12(b)(17). (For the purpose of that

section, employment by NATO includes

employment by a NATO Member State.)

NATO dependents, in turn, may engage

in only the specific employment

authorized by an approved application

filed in accordance with 8 CFR

214.2(s)(5).

The Operations Instructions for ‘‘A’’

and ‘‘G’’ nonimmigrants provide that,

when it comes to the attention of the

Service that an ‘‘A’’ or ‘‘G’’ alien is

engaged in unauthorized employment,

the Service shall notify the employer

and the alien that the employment is

unauthorized. See OI 214.2(a)(10) and

(g)(10). Such procedures shall now

apply to NATO aliens who engage in

unauthorized employment as well.

In this regard, as in the case of an ‘‘A’’

and ‘‘G’’ alien, if a NATO alien is

engaged in unauthorized employment,

the local Service office will create an Afile and a full report documenting all

aspects of the unauthorized

employment, with the details provided

in the Operating Instructions for ‘‘A’’

and ‘‘G’’ aliens. This report will be

forwarded expeditiously through

Service channels to Headquarters,

where it will be forwarded to the Office

of the Secretary of Defense.

Subsequently, if Defense notifies the

Service in writing that the alien no

longer is entitled to NATO status, the

Service may initiate appropriate action,

including removal proceedings, on the

basis of the unauthorized employment.

If, however, Defense notifies the Service

in writing that it continues to recognize

the alien as entitled to NATO

classification, the Service will be

precluded from taking removal action

against the alien as long as the alien

remains in NATO status. However, the

alien’s unauthorized employment shall

be considered as a violation of status

under 8 CFR 214.1(e). Therefore,

applications for change of

nonimmigrant classification or

adjustment of status by a NATO alien

who has engaged in unauthorized

employment are deniable based on the

alien’s violation of status.

Changes From the Proposed Rule

8 CFR 214.2(s)(10) and 8 CFR

274a.12(c)(7)

The paragraph of the proposed rule at

8 CFR 214.2(s)(10) discussed

dependents of NATO–7 principal

nonimmigrants. The regulation at 8 CFR

214.2(a)(9) governing ‘‘A’’

nonimmigrants precludes employment

by A–3 dependents. To ensure

conformity with the regulations for ‘‘A’’

nonimmigrants, the proposed rule

sought to amend 8 CFR 274a.12(c)(7) to

eliminate future grants of employment

authorization for NATO–7 dependents,

but would have allowed those NATO–

7 dependents currently with

employment authorization to continue

until the expiration of such

authorization. The Service has

determined not to amend 8 CFR

274a.12(c)(7) at this time in order to

address all issues relating to

employment authorization in a separate

regulation on that subject. Accordingly,

proposed 8 CFR 214.2(s)(10) has also

been deleted. Current 8 CFR

274a.12(c)(7) continues to authorize

NATO dependent employment for all

NATO 1–7 dependents only upon

issuance of a Service employment

authorization document (EAD). NATO–

7 dependents with EADs will continue

to be work authorized until the

expiration of the EAD, but this final rule

does not authorize the Service to issue

new EADs to NATO–7 dependents.

This rule also eliminates a sentence in

8 CFR 214.2(s)(2)(iv) in the proposed

rule which referenced State’s advice

that the bilateral agreements with

Canada, Denmark, Norway, and France

permit the employment of unmarried

sons and daughters under the age of 25

in full-time attendance at postsecondary educational institutions.

These are the four countries covered by

such agreements at present, but it is

unnecessary to list them in the

regulation.

This final rule also eliminates

references to any jurisdictional

immunities because NATO personnel

enjoy no such immunities by virtue of

the NATO treaties.

Use of Form I–566

The requirement in the proposed rule,

at 8 CFR 214.2(s)(5), Application

procedures, that a dependent applicant

for employment authorization submit a

letter certified by SACLANT or Defense,

is replaced in this final rule by the

requirement to submit a completed

revised Form I–566, Inter-Agency

Record of Individual Requesting

Change/Adjustment to, or from, ‘‘A’’ or

‘‘G’’ Status; or requesting ‘‘A’’ or ‘‘G’’

Dependent Employment Authorization.

The revised Form I–566 is implemented

with the publication of this regulation.

Previously, Form I–566 was used

exclusively by both the Service and

State in adjudicating applications

relating to diplomats, officials, and

representatives of foreign governments

and international organizations in ‘‘A’’

and ‘‘G’’ nonimmigrant classification; it

was not used for NATO-related

purposes. As revised, Form I–566

includes provisions for identifying the

NATO dependent applicant for

employment authorization and the

principal NATO nonimmigrant from

whom the dependent’s status is derived.

NATO will provide direct certification

of requests by NATO dependents for

employment authorization on the

revised Form I–566, just as State

provides direct certification of such

requests by dependents of ‘‘A’’ and ‘‘G’’

nonimmigrants. Use of a standard Form

I–566, rather than certification letters,

ensures that the Service adjudication

can proceed uniformly and efficiently,

without delay occasioned by lack of

essential information. Use of Form I–

566 also ensures the objective of this

regulation to achieve uniformity with

the employment application procedures

available for ‘‘A’’ and ‘‘G’’

nonimmigrants.

It should be emphasized that, under

this rule, Form I–566 may not be used

for other NATO-related purposes, such

as change of status to a NATO

classification or adjustment to lawful

permanent residence. Nonimmigrant

aliens in the United States cannot

change into NATO classification by

means of an application to the Service;

such classification is secured from

NATO and demonstrated by the

personal identity card issued by the

sending state of the individual or

collective movement order. The

exemption from passport and visa

requirements provided in 8 CFR

235.1(c) and in 22 CFR 41.1 (d) and (e)

(see also the Foreign Affairs Manual at

41.1, Note 1 and 2) for armed services

personnel of NATO members does not

extend to the dependents of such

members or the members of a civilian

component and their dependents.

NATO aliens seeking to adjust status

must use the Form I–485. Requests by

NATO nonimmigrants to change to

another nonimmigrant status or to

adjust to lawful permanent residence

will continue to be handled as routine

nonimmigrant matters, without use of

Form I–566 or any certification of
Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32115

NATO review on that form prior to INS

adjudication.

Reflecting the decision to require a

certified Form I–566 rather than a

certification letter, much of the language

at paragraph (5) of the proposed

regulation has been deleted. The final

regulation simply requires the applicant

to provide the information required by

the Form I–566.

8 CFR 214.2(s)(4)

The proposed rule stated that the

applicability of a formal bilateral

agreement shall be based on the NATO

Member State which employs the

principal alien and not on the

nationality of the principal alien or

dependent. The applicability of an

informal de facto arrangement shall be

based on the NATO Member State

which employs the principal alien, and

the principal alien must also be a

national of the NATO Member State

which employs him or her in the United

States. Employees of NATO (SACLANT)

receive dependent employment

privileges based upon the nationality of

the principal NATO employee. This

arrangement has been retained, and

clarified, in the final rule.

Other Changes

In addition, the Service has made a

number of non-substantive corrections

and improvements to the proposed rule

which are not specifically discussed in

this Supplementary Information, such

as clarifying the description of NATO

and describing more thoroughly the

NATO–1 through NATO–5 categories in

the background.

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 certifies

that the rule will not have a significant

economic impact on a substantial

number of small entities. This rule

primarily affects applications for

employment which can only be filed by

a limited number of individuals who are

NATO dependents.

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 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 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

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export products.

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, § 3(f),

Regulatory Planning and Review, and

the Office of Management and Budget

has waived its review process under

section 6(a)(3)(A).

Exeucitive Order 12612

The regulations 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.

Executive Order 12988 Civil Justice

Reform

This rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of E.O. 12988.

Paperwork Reduction Act

The information collection

requirements contained in this rule have

been cleared by the Office of

Management and Budget (OMB) under

the provisions of the Paperwork

Reduction Act. Clearance numbers for

these collections are contained in 8 CFR

299.5, Display of Control Numbers.

List of Subjects

8 CFR Part 214

Administrative practice and

procedure, Aliens, Authority delegation

(Government agencies), Employment.

8 CFR Part 299

Immigration, Reporting and

recordkeeping requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

as follows:

PART 214—NONIMMIGRANT CLASSES

1. The authority citation for part 214

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1184,

1186a; 8 CFR part 2.

2. In § 214.2, paragraph (s) is revised

to read as follows:

§ 214.2 Special requirements for

admission, extension, and maintenance of

status.

* * * * *

(s) NATO nonimmigrant aliens—(1)

General—(i) Background. The North

Atlantic Treaty Organization (NATO) is

constituted of nations signatory to the

North Atlantic Treaty. The Agreement

Between the Parties to the North

Atlantic Treaty Regarding the Status of

Their Forces, signed in London, June

1951 (NATO Status of Forces

Agreement), is the agreement between

those nations that defines the terms of

the status of their armed forces while

serving abroad.

(A) Nonimmigrant aliens classified as

NATO–1 through NATO–5 are officials,

employees, or persons associated with

NATO, and members of their immediate

families, who may enter the United

States in accordance with the NATO

Status of Forces Agreement or the

Protocol on the Status of International

Military Headquarters set up pursuant

to the North Atlantic Treaty (Paris

Protocol). The following specific

classifications shall be assigned to such

NATO nonimmigrants:

(1) NATO–1—A principal permanent

representative of a Member State to

NATO (including any of its subsidiary

bodies) resident in the United States

and resident members of permanent

representative’s official staff; Secretary

General, Deputy Secretary General,

Assistant Secretaries General and

Executive Secretary of NATO; other

permanent NATO officials of similar

rank; and the members of the immediate

family of such persons.

(2) NATO–2—Other representatives of

Member States to NATO (including any

of its subsidiary bodies) including

representatives, advisers and technical

experts of delegations, and the members

of the immediate family of such

persons; dependents of members of a

force entering in accordance with the

provisions of the NATO Status of Forces

Agreement or in accordance with the

provisions of the Paris Protocol;

members of such a force, if issued visas.

(3) NATO–3—Official clerical staff

accompanying a representative of a
32116 Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations

Member State to NATO (including any

of its subsidiary bodies) and the

members of the immediate family of

such persons.

(4) NATO–4—Officials of NATO

(other than those classifiable under

NATO–1) and the members of their

immediate family

(5) NATO–5—Experts, other than

NATO officials classifiable under

NATO–4, employed on missions on

behalf of NATO and their dependents.

(B) Nonimmigrant aliens classified as

NATO–6 are civilians, and members of

their immediate families, who may enter

the United States as employees of a

force entering in accordance with the

NATO Status of Forces Agreement, or as

members of a civilian component

attached to or employed by NATO

Headquarters, Supreme Allied

Commander, Atlantic (SACLANT), set

up pursuant to the Paris Protocol.

(C) Nonimmigrant aliens classified as

NATO–7 are attendants, servants, or

personal employees of nonimmigrant

aliens classified as NATO–1, NATO–2,

NATO–3, NATO–4, NATO–5, and

NATO–6, who are authorized to work

only for the NATO–1 through NATO–6

nonimmigrant from whom they derive

status, and members of their immediate

families.

(ii) Admission and extension of stay.

NATO–1, NATO–2, NATO–3, NATO–4,

and NATO–5 aliens are normally

exempt from inspection under 8 CFR

235.1(c). NATO–6 aliens may be

authorized admission for duration of

status. NATO–7 aliens may be admitted

for not more than 3 years and may be

granted extensions of temporary stay in

increments of not more than 2 years. In

addition, an application for extension of

temporary stay for a NATO–7 alien must

be accompanied by a statement signed

by the employing official stating that he

or she intends to continue to employ the

NATO–7 applicant, describing the work

the applicant will perform, and

acknowledging that this is, and will be,

the sole employment of the NATO–7

applicant.

(2) Definition of a dependent of a

NATO–1, NATO–2, NATO–3, NATO–4,

NATO–5, or NATO–6. For purposes of

employment in the United States, the

term dependent of a NATO–1, NATO–

2, NATO–3, NATO–4, NATO–5, or

NATO–6 principal alien, as used in this

section, means any of the following

immediate members of the family

habitually residing in the same

household as the NATO–1, NATO–2,

NATO–3, NATO–4, NATO–5, or

NATO–6 principal alien assigned to

official duty in the United States:

(i) Spouse;

(ii) Unmarried children under the age

of 21;

(iii) Unmarried sons or daughters

under the age of 23 who are in full-time

attendance as students at postsecondary educational institutions;

(iv) Unmarried sons or daughters

under the age of 25 who are in full-time

attendance as students at postsecondary educational institutions if a

formal bilateral employment agreement

permitting their employment in the

United States was signed prior to

November 21, 1988, and such bilateral

employment agreements do not specify

under the age of 23 as the maximum age

for employment of such sons and

daughters;

(v) Unmarried sons or daughters who

are physically or mentally disabled to

the extent that they cannot adequately

care for themselves or cannot establish,

maintain, or re-establish their own

households. The Service may require

medical certification(s) as it deems

necessary to document such mental or

physical disability.

(3) Dependent employment

requirements based on formal bilateral

employment agreements and informal

de facto reciprocal arrangements—(i)

Formal bilateral employment

agreements. The Department of State’s

Family Liaison office (FLO) shall

maintain all listing of NATO Member

States which have entered into formal

bilateral employment agreements that

include NATO personnel. A dependent

of a NATO–1, NATO–2, NATO–3,

NATO–4, NATO–5, or NATO–6

principal alien assigned to official duty

in the United States may accept, or

continue in, unrestricted employment

based on such formal bilateral

agreement upon favorable

recommendation by SACLANT,

pursuant to paragraph (s)(5) of this

section, and issuance of employment

authorization documentation by the

Service in accordance with 8 CFR part

274a. The application procedures are set

forth in paragraph (s)(5) of this section.

(ii) Informal de facto reciprocal

arrangements. For purposes of this

section, an informal de facto reciprocal

arrangement exists when the Office of

the Secretary of Defense, Foreign

Military Rights Affairs (OSD/FMRA),

certifies, with State Department

concurrence, that a NATO Member State

allows appropriate employment in the

local economy for dependents of

members of the force and members of

the civilian component of the United

States assigned to duty in the NATO

Member State. OSD/FMRA and State’s

FLO shall maintain a listing of countries

with which such reciprocity exists.

Dependents of a NATO–1, NATO–2,

NATO–3, NATO–4, NATO–5, or

NATO–6 principal alien assigned to

official duty in the United States may be

authorized to accept, or continue in,

employment based upon informal de

facto arrangements upon favorable

recommendation by SACLANT,

pursuant to paragraph (s)(5) of this

section, and issuance of employment

authorization by the Service in

accordance with 8 CFR part 274a.

Additionally, the application

procedures set forth in paragraph (s)(5)

of this section must be complied with,

and the following conditions must be

met:

(A) Both the principal alien and the

dependent requesting employment are

maintaining NATO–1, NATO–2,

NATO–3, NATO–4, NATO–5, or

NATO–6 status, as appropriate;

(B) The principal alien’s total length

of assignment in the United States is

expected to last more than 6 months;

(C) Employment of a similar nature

for dependents of members of the force

and members of the civilian component

of the United States assigned to official

duty in the NATO Member State

employing the principal alien is not

prohibited by the NATO Member State;

(D) The proposed employment is not

in an occupation listed in the

Department of Labor’s Schedule B (20

CFR part 656), or otherwise determined

by the Department of Labor to be one for

which there is an oversupply of

qualified United States workers in the

area of proposed employment. This

Schedule B restriction does not apply to

a dependent son or daughter who is a

full-time student if the employment is

part-time, consisting of not more than

20 hours per week, of if it is temporary

employment of not more than 12 weeks

during school holiday periods; and

(E) The proposed employment is not

contrary to the interest of the United

States. Employment contrary to the

interest of the United States includes,

but is not limited to, the employment of

NATO–1, NATO–2, NATO–3, NATO–4,

NATO–5, or NATO–6 dependents who

have criminal records; who have

violated United States immigration laws

or regulations, or visa laws or

regulations; who have worked illegally

in the United States; or who cannot

establish that they have paid taxes and

social security on income from current

or previous United States employment.

(iii) State’s FLO shall inform the

Service, by contacting Headquarters,

Adjudications, Attention: Chief,

Business and Trade Services Branch,

425 I Street, NW., Washington, DC

20536, of any additions or changes to

the formal bilateral employment
Federal Register / Vol. 63, No. 113 / Friday, June 12, 1998 /Rules and Regulations 32117

agreements and informal de facto

reciprocal arrangements.

(4) Applicability of a formal bilateral

agreement or an informal de facto

arrangement for NATO–1, NATO–2,

NATO–3, NATO–4, NATO–5, or NATO–

6 dependents. The applicability of a

formal bilateral agreement shall be

based on the NATO Member State

which employs the principal alien and

not on the nationality of the principal

alien or dependent. The applicability of

an informal de facto arrangement shall

be based on the NATO Member State

which employs the principal alien, and

the principal alien also must be a

national of the NATO Member State

which employs him or her in the United

States. Dependents of SACLANT

employees receive bilateral agreement

or de facto arrangement employment

privileges as appropriate based upon the

nationality of the SACLANT employee

(principal alien).

(5) Application procedures. The

following procedures are required for

dependent employment applications

under bilateral agreements and de facto

arrangements:

(i) The dependent of a NATO alien

shall submit a complete application for

employment authorization, including

Form I–765 and Form I–566, completed

in accordance with the instructions on,

or attached to, those forms. The

complete application shall be submitted

to SACLANT for certification of the

Form I–566 and forwarding to the

Service.

(ii) In a case where a bilateral

dependent employment agreement

containing a numerical limitation on the

number of dependents authorized to

work is applicable, the certifying officer

of SACLANT shall not forward the

application for employment

authorization to the Service unless,

following consultation with State’s

Office of Protocol, the certifying officer

has confirmed that this numerical

limitation has not been reached. The

countries with such limitations are

indicated on the bilateral/de facto

dependent employment listing issued

by State’s FLO.

(iii) SACLANT shall keep copies of

each application and certified Form I–

566 for 3 years from the date of the

certification.

(iv) A dependent applying under the

terms of a de facto arrangement must

also attach a statement from the

prospective employer which includes

the dependent’s name, a description of

the position offered, the duties to be

performed, the hours to be worked, the

salary offered, and verification that the

dependent possesses the qualifications

for the position.

(v) A dependent applying under

paragraph (s)(2) (iii) or (iv) of this

section must also submit a certified

statement from the post-secondary

educational institution confirming that

he or she is pursuing studies on a fulltime basis.

(vi) A dependent applying under

paragraph (s)(2)(v) of this section must

also submit medical certification

regarding his or her condition. The

certification should identify both the

dependent and the certifying physician,

give the physician’s phone number,

identify the condition, describe the

symptoms, provide a clear prognosis,

and certify that the dependent is unable

to maintain a home of his or her own.

(vii) The Service may require

additional supporting documentation,

but only after consultation with

SACLANT.

(6) Period of time for which

employment may be authorized. If

approved, an application to accept or

continue employment under this

paragraph shall be granted in

increments of not more than 3 years.

(7) Income tax and Social Security

liability. Dependents who are granted

employment authorization under this

paragraph are responsible for payment

of all Federal, state, and local income

taxes, employment and related taxes

and Social Security contributions on

any remuneration received.

(8) No appeal. There shall be no

appeal from a denial of permission to

accept or continue employment under

this paragraph.

(9) Unauthorized employment. An

alien classified as a NATO–1, NATO–2,

NATO–3, NATO–4, NATO–5, NATO–6,

or NATO–7 who is not a NATO

principal alien and who engages in

employment outside the scope of, or in

a manner contrary to, this paragraph

may be considered in violation of status

pursuant to section 237(a)(1)(C)(i) of the

Act. A NATO principal alien in those

classifications who engages in

employment outside the scope of his or

her official position may be considered

in violation of status pursuant to section

237(a)(1)(C)(i) of the Act.

* * * * *

PART 299—IMMIGRATION FORMS

3. The authority citation for Part 299

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103; 8 CFR part

2.

4. Section 299.1 is amended by

revising the entry to the form ‘‘I–566’’ to

read as follows:

§ 299.1 Prescribed forms.

* * * * *

Form no. Edition

date Title

* * * * *

I–566 ....... 10–15–96 Inter-Agency Record

of Individual Requesting Change/

Adjustment to, or

from, A or G status; or Requesting

A, G or NATO Dependent Employment Authorization.

* * * * *

Dated April 15, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–15689 Filed 6–11–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 71

[Docket No. 97–099–2]

EIA; Handling Reactors at Livestock

Markets

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations pertaining to livestock

facilities under State or Federal

veterinary supervision to require that

any livestock facility accepting horses

classified as reactors to equine

infectious anemia must quarantine these

animals at all times at least 200 yards

from all equines that are not reactors to

this disease. Currently, livestock

facilities accepting reactors to equine

infectious anemia are required to

quarantine the reactors that will remain

at the facility for longer than 24 hours

at least 200 yards away from all other

animals. This rule will help to prevent

the interstate spread of equine

infectious anemia, a contagious, vectorborne disease affecting equines.

EFFECTIVE DATE: July 13, 1998.

FOR FURTHER INFORMATION CONTACT: Dr.

Tim Cordes, Senior Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, 4700 River Road Unit 43,

Riverdale, MD 20737–1231, (301) 734–

3279.