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

21973

Vol. 60, No. 86

Thursday, May 4, 1995

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 208, 210, 214, 240,

242, 245a, and 274a

[INS No. 1719–95]

RIN 1115 AE16

Rules and Procedures for Filing an

Application for Employment

Authorization

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: The Immigration and

Naturalization Service (INS) publishes

this rule to inform the public of a

change in procedures for filing certain

employment authorization applications.

At present, persons seeking work

authorization apply either by mailing an

application to an INS service center or

by delivering it to an INS district office.

The INS intends to expand its direct

mailing program, so that more categories

of applicants can file their work

authorization applications by mail

directly with the service centers. The

expansion will enhance the agency’s

ability to adjudicate work authorization

applications efficiently. This final rule

revises the regulations to reflect the

changed filing procedures. It also makes

a technical amendment to the regulatory

provisions governing work

authorization for persons applying for

suspension of deportation and two

technical amendments to the regulatory

provision governing interim work

authorization for asylum reform

applicants. The instructions that

accompany an application for work

authorization are being revised

simultaneously to provide

comprehensive general information on

filing procedures.

EFFECTIVE DATE: This rule is effective

June 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Jack Tabaka, Senior Examiner

Adjudications Division, Immigration

and Naturalization Service, 425 I Street

NW., Washington, DC 20536, (202) 616–

7432.

SUPPLEMENTARY INFORMATION: The INS

announced the expansion of its direct

mail program in an interim rule

published in the Federal Register on

July 1, 1994 at 59 FR 33903. In that

interim rule, the INS announced its

intent to reduce processing time and the

need for personal visits to the INS by

permitting applicants to file certain

applications by mail to the service

centers. Under INS regulations, an

applicant generally should file an

application in accordance with the

instructions that accompany the

application form. 8 CFR 103.2(a). The

regulations required employment

authorization applicants to file their

applications with the district director.

Many of the references to filing with the

district director were removed with the

publication of the July 1, 1994 interim

rule to permit applicants to mail

applications to the service centers.

Certain employment authorization

regulations continue to require that an

applicant file an application with the

district director having jurisdiction over

the applicant’s place of residence. While

the interim rule removed many of the

references to district director and

replaced those references with the term

‘‘director’’ so that service center

directors could accept such

applications, further changes to the

regulations are necessary to accomplish

the expansion of the direct mail

program. This rule eliminates the

remaining references to ‘‘district

director’’ filing, consistent with the

change in filing procedures announced

in the interim rule.

On July 1, 1994 the INS also

announced the implementation of a

pilot direct mail program for persons

applying at the Baltimore District Office

in a Federal Register notice published

at 59 FR 33985. The INS is reviewing

the comments it has received from the

public on both the interim rule and the

direct mail pilot program notice and

will publish a response in the future.

Based in part on the addition of new

personnel, INS service centers are able

to accept a greater volume of

applications from a greater number of

categories of employment authorization

applicants. This change to the

employment authorization filing

procedures will reduce the number of

visits to district offices now required to

obtain work authorization and will

permit the INS to further streamline its

procedures and to improve overall

efficiency to its customers. To explain

more fully the changed filing

procedures, the INS has revised the

instructions that accompany Form I–

765, Application for Employment

Authorization. The INS has received

Office of Management and Budget

approval under the Paperwork

Reduction Act for the revised set of

instructions and is in the process of

having the new I–765 package

published and distributed to its district

offices and its form distribution centers.

The corresponding regulations are

revised below to direct employment

authorization applicants to follow the

instructions that accompany the

employment authorization application

when determining where to file.

El Salvadoran and Guatemalan

nationals who are eligible for benefits

under the American Baptist Church v.

Thornburgh, 760 F.Supp. 796 (N.D. Cal.

1991) (‘‘ABC’’) should refer to special

filing instructions which will

supplement the I–765 instructions.

Those instructions can be obtained

visiting local INS offices or by calling 1–

800–755–0777. Under this change in

filing procedures, asylum applicants

generally will file future employment

authorization applications at the service

centers and will no longer be required

to file at district offices.

The change in filing procedures is, in

the view of the INS, a rule of agency

procedure or practice. Therefore, it is

not subject to the notice and comment

requirements of 5 U.S.C. 553. The INS

publishes this rule of procedure or

practice in the Federal Register for the

guidance of the public under 5 U.S.C.

552. The INS intends to provide

information to the public regarding the

new filing procedures through its public

outreach programs in addition to

publication of this rule.

This rule also makes three technical

corrections. On August 23, 1991, the

INS eliminated the requirement under 8

CFR 274a.12(c)(10) that applicants for

suspension of deportation establish

economic necessity as a condition of
21974 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

obtaining work authorization. 56 FR

41767. Nevertheless, the phrase ‘‘if the

alien establishes the economic need to

work’’ was not removed in that section

and continued to appear in the Code of

Federal Regulations. The final rule

revising the asylum regulations on

December 5, 1994 perpetuated that

mistake. 59 FR 62284. The December 5,

1994 regulations also refer mistakenly to

asylum applications rather than

employment applications in a sentence

having to do with the availability of

interim employment authorization. This

final rule corrects these two technical

errors. In addition, the INS has made a

technical correction to § 274a.13(a)(2),

which concerns applications for

employment authorization filed in

connection with an asylum application.

The last sentence of that section was

amended at the publication of the

December 5, 1994 final rule to state that

‘‘[t]he Service Center shall adjudicate

the application within 30 days of

receipt.’’ This is correct insofar as it

reiterates the period under asylum

reform for adjudicating an initial request

by an asylum applicant for employment

authorization under § 208.7(a)(1). It is

incorrect, however, to the extent that it

appears to apply to applications for

renewal or replacement of employment

authorization, which are discussed in

the sentence immediately preceding it.

As is clear from the preamble to the

December 5, 1994 final rule, specifically

at 59 FR 62291, and from § 274a.13(d),

the INS is to adjudicate requests for

renewal or replacement of employment

authorization within 90 days, not 30.

Therefore, the last sentence of

§ 274a.13(a)(2) has been removed.

Regulatory Flexibility Act

The Commissioner of the INS, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and by

approving it certifies that it will not

have a significant economic impact on

a substantial number of small entities.

This regulation merely provides notice

to the public of change in filing

procedures for employment

authorization applications by correcting

the remaining regulatory references to

filing with the district director and

makes two technical corrections to

recently published INS regulations. It

does not change the amount of the

application fee though it corrects the

figure listed currently in the regulations.

Executive Order 12866

This rule is not considered by the INS

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

This final rule 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 12606

The Commissioner of the INS certifies

that she has assessed this rule in light

of the criteria in Executive Order 12606

and has determined that this regulation

will not have an impact on family wellbeing.

Paperwork Reduction Act

The information collection

requirement contained in this rule has

been cleared by the Office of

Management and Budget under the

provisions of the Paperwork Reduction

Act. The clearance number for this

collection is 1115–0163.

List of Subjects

8 CFR Part 103

Administrative practice and

procedure, Authority delegations

(Government agencies), Freedom of

information, Privacy, Reporting and

recordkeeping requirements, Surety

bonds.

8 CFR Part 208

Administrative practice and

procedure, Aliens, Immigration,

Reporting and recordkeeping

requirements.

8 CFR Part 210

Aliens, Migrant labor, Reporting and

recordkeeping requirements.

8 CFR Part 214

Administrative practice and

procedure, Aliens, Employment,

Foreign officials, Health professions,

Reporting and recordkeeping

requirements, Students.

8 CFR Part240

Administrative practice and

procedure, Immigration.

8 CFR Part 242

Administrative practice and

procedure, Aliens.

8 CFR Part 245a

Aliens, Immigration, Reporting and

recordkeeping requirements.

8 CFR Part 274a

Administrative practice and

procedure, Aliens, Employment,

Penalties, Reporting and recordkeeping

requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

as follows:

PART 103—POWERS AND DUTIES OF

SERVICE OFFICERS: AVAILABILITY

OF SERVICE RECORDS

1. The authority citation for part 103

continues to read as follows:

Authority: 5 U.S.C. 552, 552a; 8 U.S.C.

1101, 1103, 1201, 1252 note, 1252b, 1304,

1356; 31 U.S.C. 9701; E.O. 12356, 47 FR

14874, 15557; 3 CFR 1982 Comp., p. 166; 8

CFR part 2.

§ 103.6 [Amended]

2. Section 103.6(a)(2)(ii) is amended

by removing the phrase ‘‘District

Director’’ and adding the term ‘‘INS’’ in

its place.

3. In § 103.6(a)(2)(iii) the first

sentence is amended by removing

‘‘§ 109.1(b)’’ and adding ‘‘§ 274a.12’’ in

its place.

* * * * *

4. In § 103.7 (b)(1), the entry for Form

I–765 is revised to read as follows:

§ 103.7 Fees.

* * * * *

(b)(1) * * *

Form I–765. For filing an application for

employment authorization pursuant to 8 CFR

274a.13—$70, unless otherwise noted on the

instructions attached to the application form.

* * * * *

PART 208—PROCEDURES FOR

ASYLUM AND WITHHOLDING OF

DEPORTATION

5. The authority citation for part 208

continues to read as follows:

Authority: 8 U.S.C. 1103, 1158, 1226, 1252,

1282; 31 U.S.C. 9701; 8 CFR part 2.

6. Section 208.7 is amended by:

a. In paragraph (a)(1), the sixth

sentence, removing the word ‘‘asylum’’

and adding the word ‘‘employment’’ in

its place;

b. In paragraph (c), the first sentence

of the introductory text, removing the

phrase ‘‘asylum officer, or district

director where appropriate’’ and adding

in its place the phrase ‘‘INS, in

accordance with the instructions on or

attached to the employment

authorization application’’;

c. In paragraph (c), in the second

sentence, removing the phrase ‘‘asylum
Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 21975

officer’’ and adding in its place the term

‘‘INS’’; and

d. In paragraph (e) remove the phrase

‘‘district director, in his discretion,’’ and

add the term ‘‘INS’’.

7. PART 210—SPECIAL

AGRICULTURAL WORKERS

8. The authority citation for part 210

continues to read as follows:

Authority: 8 U.S.C. 1103, 1160, 8 CFR part

2.

§ 210.2 [Amended]

9. In § 210.2(c)(4)(iii), the third

sentence is amended by removing the

words ‘‘A district director’’ and adding

the words ‘‘The INS’’ in their place.

10. Section 210.4(b) is amended by:

a. Removing in paragraph (b)(1), in

the first sentence, the phrase ‘‘may only

be granted by a Service legalization

office’’ and adding in its place the

phrase ‘‘be granted by the INS’’;

b. Revising in paragraph (b)(2), the

fourth and fifth sentences; and

c. Revising in paragraph (b)(3), the

second sentence, to read as follows:

§ 210.4 Status and benefits.

* * * * *

(b) * * *

(2) Employment and travel

authorization prior to the granting of

temporary resident status. * * *

Employment and travel authorization

subsequent to an interview will be

granted on the employment

authorization document, and will be

restricted to 6 months duration, pending

final determination on the application

for temporary resident status. If a final

determination has not been made on the

application prior to the expiration date

of the employment authorization

document, that date may be extended

upon return of the employment

authorization document by the

applicant to the INS office. * * *

(3) Employment and travel

authorization upon grant of temporary

resident status. * * * The applicant

may appear at an INS office, and upon

surrender of the previously issued Form

I–688A or employment authorization

document will be issued Form I–688,

Temporary Resident Card. * * *

* * * * *

PART 214—NONIMMIGRANT CLASSES

11. The authority citation for part 214

continues to read as follows:

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

1186a, 1187, 1221, 1281, 1282; 8 CFR part 2.

12. Section 214.2 is amended by:

a. Revising in paragraph (f)(11),

introductory text the fourth sentence;

b. Removing in paragraph (f)(11),

introductory text the fifth sentence;

c. Removing in paragraph (f)(12), in

the second sentence the term ‘‘director’’;

d. Removing in paragraph (f)(16)(i),

introductory text the phrase ‘‘A Service

Director’’ and adding in its place the

phrase ‘‘The Service’’;

e. Removing in paragraph (f)(16)(i)(A),

the word ‘‘director’’;

f. Revising paragraph (f)(16)(ii);

g. Removing in paragraph (j)(1)(v)(A),

in the second sentence, the phrase ‘‘8

CFR 274a.12(c)(5)’’ and adding the

phrase ‘‘the Service’’ in its place;

h. Removing in paragraph (m)(14)(ii),

the second and third sentences; and

i. Removing in paragraph (m)(15), the

term ‘‘district director’’ and adding the

term ‘‘Service’’ in its place.

The revised text reads as follows:

§ 214.2 Special Requirements for

admission, extension, and maintenance of

status.

* * * * *

(f) * * *

(11) * * * An F–1 student must apply

to the INS for the EAD by filing the

Form 1–765. * * *

* * * * *

(16) * * * * *

(ii) Decision. If the Service reinstates

the student, the Service shall endorse

the Form I–20 A–B to indicate that the

student has been reinstated, return the

I–20 ID to the student, and forward the

school copy of the form to the Service’s

processing center for data entry. If the

Service does not reinstate the student,

the student may not appeal that

decision.

* * * * *

PART 240—TEMPORARY PROTECTED

STATUS FOR NATIONALS OF

DESIGNATED STATES

13. The authority citation for part 240

continues to read as follows:

Authority: 8 U.S.C. 1103, 1254a, 1254a

note.

§ 240.12 [Amended]

14. In § 240.12 paragraphs (a) and (c)

are amended by removing the term

‘‘district director’’ and adding in its

place the term ‘‘INS’’.

§ 240.17 [Amended]

15. In § 240.17(a) the first and third

sentences are amended by removing the

term ‘‘District Office’’ and adding in its

place the words ‘‘INS designated

office’’.

PART 242—PROCEEDINGS TO

DETERMINE DEPORTABILITY OF

ALIENS IN THE UNITED STATES:

APPREHENSION, CUSTODY, HEARING

AND APPEAL

16. The authority citation for part 242

continues to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a,

1251, 1252, 1252 note, 1252b, 1254, 1362; 8

CFR part 2.

17. In Section 242.6, paragraph (e)(5)

is revised to read as follows:

§ 242.6 Family Unity Program.

* * * * *

(e) * * *

(5) Employment authorization. An

alien granted benefits under the Family

Unity Program is authorized to be

employed in the United States and may

apply for an employment authorization

document in accordance with the

instructions accompanying Form I–765,

Application for Employment

Authorization.

* * * * *

PART 245a—ADJUSTMENT OF

STATUS TO THAT OF PERSONS

ADMITTED FOR LAWFUL

TEMPORARY OR PERMANENT

RESIDENT STATUS UNDER SECTION

245A OF THE IMMIGRATION AND

NATIONALITY ACT, AS AMENDED BY

PUBLIC LAW 99–603, THE

IMMIGRATION REFORM AND

CONTROL ACT OF 1986, AND PUBLIC

LAW 100–204, SECTION 902

18. The authority citation for part

245a continues to read as follows:

Authority: 8 U.S.C 1101, 1103, 1255a and

1255a note.

§ 245a.2 [Amended]

19. Section 245a.2 is amended by:

a. Removing in paragraph (j), in the

first sentence the word ‘‘Legalization’’

and also by removing the phrase ‘‘Forms

I–688 and I–688A’’ and adding in its

place the words ‘‘an employment

authorization document and Form I–

688’’;

b. Removing in paragraph (n)(1), in

the first and last sentences, the word

‘‘Legalization’’;

c. Revising in paragraph (n)(2)(ii) the

third sentence to read as set forth below;

d. Removing in paragraph (n)(3), in

the last sentence, the word

‘‘Legalization’’.

§ 245a.2 Application for temporary

residence.

* * * * *

(n) * * *

(2) * * *

(ii) * * *
21976 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

The employment authorization

document will be given to the applicant

after an interview has been completed

by an immigration officer unless a

formal denial is issued by the

appropriate INS office. * * *

* * * * *

20. Section 245a.4 is amended by:

a. Removing in paragraph (b)(10), in

the first sentence the phrase ‘‘Forms I–

688A and I–688’’ and adding in its place

the phrase ‘‘an employment

authorization document and Form I–

688’’;

b. Removing in paragraph

(b)(14)(ii)(b), in the third sentence the

phrase ‘‘Form I–688A, Employment

Authorization,’’ and adding in its place

the phrase ‘‘An employment

authorization document’’; and

c. Revising in paragraph (b)(14)(iii)

the second sentence to read as follows:

§ 245a.4 Adjustment to lawful resident

status of certain nationals of countries for

which extended voluntary departure has

been made available.

* * * * *

(b) * * *

(14) * * *

(iii) * * * The alien will be required

to return to the appropriate INS office,

surrender the I–688A or employment

authorization document previously

issued, and obtain Form I–688,

Temporary Resident Card, authorizing

employment and travel abroad.

* * * * *

PART 274a—CONTROL OF

EMPLOYMENT OF ALIENS

21. The authority citation for part

274a continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1324a; 8

CFR part 2.

§ 274a.12 [Amended]

22. In § 274a.12 paragraph (c)(10), in

the first sentence is amended by

removing the phrase ‘‘, if the alien

establishes the economic need to work’’.

23. In § 274a.13, paragraph (a) is

revised to read as follows:

274a.13 Application for employment

authorization.

(a) General. Aliens authorized to be

employed under § 274a.12(a)(3)–(8) and

(10)–(13) must file an Application for

Employment Authorization (Form I–

765) in order to obtain documentation

evidencing this fact.

(1) Aliens who may apply for

employment authorization under

§ 274a.12(c) of this part, except for those

who may apply under § 274a.12(c)(8),

shall file a Form I–765 with the director

having jurisdiction over applicant’s

residence, or the director having

jurisdiction over the port of entry at

which the alien applies, or with such

other Service office as the

Commissioner may designate. The

approval of applications filed under

§ 274a.12(c) of this part, except for

§ 274a.12(c)(8), shall be within the

discretion of the director or such other

officer as the Commissioner may

designate. Where economic necessity

has been identified as a factor, the alien

must provide information regarding his

or her assets, income, and expenses in

accordance with instructions on Form I–

765.

(2) An initial Application for

Employment Authorization (Form I–

765) for asylum applicants under

274a.12(c)(8) of this part shall be filed

in accordance with instructions on or

attached to Form I–765 with the

appropriate Service Center or with such

other Service office as the

Commissioner may designate. The

applicant also must submit a copy of the

underlying application for asylum or

withholding of deportation, together

with evidence that the application has

been filed in accordance with §§ 208.3

and 208.4 of this chapter. An

application for an initial employment

authorization or for a renewal of

employment authorization filed in

relation to a pending claim for asylum

shall be adjudicated in accordance with

§ 208.7 of this chapter. An application

for renewal or replacement of

employment authorization submitted in

relation to a pending claim for asylum,

as provided in § 208.7 of this chapter,

shall be filed, with fee or application for

waiver of such fee, in accordance with

the instructions on or attached to Form

I–765 with the appropriate Service

Center or with such other Service office

as the Commissioner may designate.

* * * * *

Dated: May 1, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–11058 Filed 5–2–95; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 91–ASW–28; Amendment 39–

9209; AD 95–09–06]

Airworthiness Directives; Bell

Helicopter Textron, Inc. Model 206A,

206B, 206L, 206L–1, and 206L–3

Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to Bell Helicopter Textron,

Inc. (BHTI) Model 206A, 206B, 206L,

206L–1, and 206L–3 helicopters, that

requires installing a protective

mechanical fuel valve switch guard on

the fuel valve switch. This amendment

is prompted by reports of airmen

inadvertently placing the fuel valve

switch to the ‘‘OFF’’ position. The

actions specified by this AD are

intended to prevent the fuel valve

switch from being inadvertently placed

in the ‘‘OFF’’ position, which could

result in an engine failure and a

subsequent power-off landing.

DATES: Effective June 8, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 8,

1995.

ADDRESSES: The service information

referenced in this AD may be obtained

from Bell Helicopter Textron, Inc.,

Attention: Customer Support, P.O. Box

482, Fort Worth, Texas 76101. This

information may be examined at the

FAA, Office of the Assistant Chief

Counsel, 2601 Meacham Blvd., Room

663, Fort Worth, Texas; or at the Office

of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT: Mr.

Lance Gant, Aerospace Engineer,

Rotorcraft Certification Office,

Rotorcraft Directorate, FAA, 2601

Meacham Blvd., Fort Worth, Texas

76137, telephone (817) 222–5141, fax

(817) 222–5959.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to Bell Helicopter

Textron, Inc. (BHTI) Model 206A, 206B,

206L, 206L–1, and 206L–3 helicopters

was published in the Federal Register

on November 14, 1994 (59 FR 56436).