[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Rules and Regulations]
[Pages 32113-32117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15689]



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

[[Page 32113]]


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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.

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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.

[[Page 32114]]

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 A-file 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 post-secondary 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

[[Page 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 foreign-
based 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, Sec. 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 Sec. 214.2, paragraph (s) is revised to read as follows:


Sec. 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

[[Page 32116]]

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 post-secondary educational 
institutions;
    (iv) Unmarried sons or daughters under the age of 25 who are in 
full-time attendance as students at post-secondary 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

[[Page 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 full-time 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:


Sec. 299.1  Prescribed forms.

* * * * *

------------------------------------------------------------------------
                                Edition                                 
           Form no.               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