Visas; immigrant and nonimmigrant documentation: International organization and NATO civilian employee special immigrants,

[Federal Register: December 11, 1998 (Volume 63, Number 238)]

[Rules and Regulations]

[Page 68393-68394]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr11de98-4]

DEPARTMENT OF STATE

22 CFR Part 42

[Public Notice 2935]

Documentation of Immigrants Under the Immigration and Nationality Act--International Organization and NATO Civilian Employee Special Immigrants

AGENCY: Bureau of Consular Affairs, State.

ACTION: Final rule.

SUMMARY: This final rule amends the Department's regulations to comply with new statutory authority. The rule extends fourth preference special immigrant classification to civilian employees of the North Atlantic Treaty Organization (NATO) provided they meet certain qualifying criteria.

EFFECTIVE DATE: The rule was effective as of October 21, 1998.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and Regulations Division, Visa Services, Department of State, Washington, DC 20520-0106, (202) 663-1204.

SUPPLEMENTARY INFORMATION: Section 421 of Subtitle B of the American Competitiveness and Workforce Improvement Act of 1998 in the Omnibus Appropriations Act of 1998 (Pub. L. 105-277) enacted on October 21, 1998 amends the Immigration and Nationality Act (INA) by adding a new section (L) under section 101(a)(27). This new section entitles civilian NATO employees, who meet certain requirements, to apply for special immigrant status under INA 203(b)(4) as defined under INA 101(a)(27)(L). Subsection (L) extends special immigrant status to NATO civilian employees who meet the same criteria as that required by international organization employees under subsection (I). The Department regulation at 22 CFR 42.32(d)(5) permits international organization employees who are beneficiaries of a petition approved by the Immigration and Naturalization Service to be classified as a fourth preference special immigrant under INA 203(b)(4). The Department is, therefore, amending the regulation to include civilian NATO employees who have approved special immigrant petitions granting status under INA 101(a)(27)(L).

Final Rule

The implementation of this rule as a final rule, is based upon the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). The provision of law being implemented became effective on October 21, 1998, the date of the enactment of the Omnibus Appropriation Act of 1998. Consular officers have been complying with it based on guidance essentially akin to that in this final rule but not yet codified in regulations. It is essential that a formal regulatory order undergird their actions at the earliest possible date. Promulgation of this rule without opportunity for public comment would not be contrary to public interest since it expands the special immigrant category to benefit additional qualified aliens as intended by the Congress.

It has been determined that this rule will not have a significant impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rule imposes no reporting or recordkeeping action on the public requiring the approval of the Office of Management and Budget under the Paperwork Reduction Act requirements. This rule is exempted from E.O. 12866 but has been reviewed to ensure consistency therewith.

PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

List of Subjects in 22 CFR Part 42

Aliens, Immigration, Passports and visas.

The Rule

In view of the foregoing, the Department of State amends 22 CFR part 42 as follows:

1. The authority citation for Part 42 continues to read:

   Authority: 8 U.S.C. 1104

2. Amend Sec. 42.32(d)(5) by revising paragraph (d)(5) to read as follows:

   Sec. 42.32 Employment-based preference immigrants.

   * * * * *

   (d) * * *

   (5) Certain international organization and NATO civilian employees--(i) Entitlement to status. An alien is classifiable under INA 203(b)(4) as a special immigrant defined in INA 101(a)(27)(I) or (L) if the consular officer has received a petition approved by the INS to accord such classification, or official notification of such approval, and the consular officer is satisfied from the evidence presented that the alien is within one of the classes described therein.

   (ii) Timeliness of application.

   An alien accorded status under INA 203(b)(4) because of qualification under

   [[Page 68394]]

   INA 101(a)(27)(I) or (L) must appear for the final visa interview and issuance of the immigrant visa within six months of establishing entitlement to status. * * * * *

   Dated: December 12, 1998. Donna J. Hamilton, Acting Assistant Secretary for Consular Affairs.

   [FR Doc. 98-32758Filed12-10-98; 8:45 am]

   BILLING CODE 4710-06-P