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[Federal Register: December 28, 2000 (Volume 65, Number 250)]
[Rules and Regulations]               
[Page 82256-82257]
From the Federal Register Online via GPO Access []



Immigration and Naturalization Service

8 CFR Part 244

INS No. 1972-99
RIN 1115-AF01

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

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.


SUMMARY: This rule adopts without change an interim rule published by 
the Immigration and Naturalization Service (Service) in the Federal 
Register on February 1, 1999. The interim rule amended the Service 
regulations by removing outdated language requiring that only certain 
El Salvadorans must pay a fee for Temporary Protected Status (TPS)-
related employment authorization documents (EADs). Removing the 
language was necessary to make Service regulations conform to the 
requirement that instructs all applicants for TPS who desire employment 
to pay the fee.

DATES: This final rule is effective January 29, 2001.

FOR FURTHER INFORMATION CONTACT: Michael Valverde, Adjudications 
Officer, Office of Adjudications, Room 3040, 425 I Street NW., 
Washington, DC 20536, telephone: (202) 514-4754.


What Did the February 1, 1999, Interim Rule Change?

    On February 1, 1999, the Service published an interim rule in the 
Federal Register at 64 FR 4780. The interim rule:
    (1) Amended Sec. 244.6 to remove outdated language requiring that 
only certain El Salvadorans must pay a fee for TPS-related applications 
for EADs. Section 244.6 previously stated that ``* * * the fee for Form 
I-765 will be charged only for those aliens who are nationals of El 
Salvador, and are between the ages of 14 and 65 (inclusive), and are 
requesting work authorization.'' This language pertained to the 
statutory designation of El Salvador for TPS (under section 303 of the 
Immigration Act of 1990) that expired June 30, 1992.
    The El Salvador specific fee language was superseded by the fee 
requirements contained on the instructions to the Form I-765, 
Application for Employment Authorization. The Form I-765 instructs 
applicants filing for initial TPS to pay the fee if they wish to 
receive employment authorization. The Service generally charges fees 
for persons who apply for TPS on Form I-821, Application for Temporary 
Protected Status, and who want employment authorization regardless of 
nationality. Applicants also have the option of requesting a fee waiver 
for one or both of these fees in accordance with Sec. 244.20. The 
Service does not charge a fee when a TPS applicant files the Form I-765 
to comply with Service data collection purposes only and does not wish 
to receive employment authorization.
    (2) Amended 8 CFR part 244 to remove the word ``district'' when 
used in a reference to a ``district director.'' This change provides 
the Service with the flexibility to determine where an applicant should 
submit an application for TPS and which Service personnel will 
adjudicate the application.
    (3) Amended Sec. 244.12 to allow the Service to issue EADs which 
are valid for a period of up to 18 months to be commensurate with the 
entire designation period of TPS. Under

[[Page 82257]]

section 244(b)(2) of the Act, the Attorney General can authorize an 
initial designation period for TPS from 6 to 18 months. Previously, 
Sec. 244.12 limited the validity period of TPS-related EADs to 12 

Public Comment

    The comment period expired April 2, 1999. The Service did not 
receive any comments regarding the promulgation of the interim rule. 
Since there were no comments relating to the interim rule, the Service 
is adopting the interim rule as a final rule without any changes.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 605(b), the Commissioner certifies that 
this final rule does not have a significant economic impact on a 
substantial number of small entities. The factual basis for this 
certification is that this rule does not make any changes to the 
regulations. It merely adopts the interim rule, published on February 
1, 1999, as final without change.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any 1 year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 

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 markets.

Executive Order 12866

    This rule is not considered by the Department of Justice, 
Immigration and Naturalization Service, to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review, and the Office of Management and Budget 
has waived its review process under section 6(a)(3)(A).

Executive Order 13132

    This regulation 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 section 6 
of Executive Order 13132, the Immigration and Naturalization Service 
has determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a federalism summary impact 

Executive Order 12988 Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 12988.

List of Subjects in 8 CFR Part 244

    Aliens, Reporting and recordkeeping requirements.

    Accordingly, the interim rule amending 8 CFR part 244, which was 
published in the Federal Register at 64 FR 4780 on February 1, 1999, is 
adopted as a final rule without change.

Dated: December 20, 2000.
Mary Ann Wyrsch,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-33046 Filed 12-27-00; 8:45 am]


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