Immigration and Nationality Forms [61 FR 47799] [FR 28-96]

DOCUMENT NUMBER: FR 28-96

FEDERAL REGISTER CITE: 61 FR 47799

DATE PUBLISHED: September 11, 1996

BILLING CODE 4410-01-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 282, 299 and 499

[INS No. 1638-95]

RIN 1115-AD58

Immigration and Nationality Forms

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the Immigration and Naturalization Service's (Service) regulations by updating the listing of forms currently in use by the Service. This revision is necessary to ensure that only current editions of forms listed in the regulations are used and the public has access to correct information concerning public use forms that have been approved for use by the Office of Management and Budget, and forms available for purchase from the Superintendent of Documents. This rule also provides approve d Service standards which, when followed, will allow the public to electronically generate Service forms.

EFFECTIVE DATE: September 11, 1996.

FOR FURTHER INFORMATION CONTACT: Richard A. Sloan, Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 "I" Street NW., Washington, DC 20536, Telephone: (202) 514-3291.

SUPPLEMENTARY INFORMATION: On May 17, 1994, the Service published an interim rule with request for comments in the Federal Register at 58 FR 25555-25561. The interim rule:

(1) Revised §§ 299.1 and 499.1 by updating the listing of the prescribed forms to be used in compliance with the provisions of Title 8 of the Code of Federal Regulations;

(2) Revised § 299.3 by updating the listing of forms that could be purchased from the Superintendent of Documents, their stock numbers, and prices;

(3) Provided standards in § 299.4 which, when followed, would allow the public to take advantage of the automated technology available in the marketplace to electronically generate Service forms that would be deemed acceptable for processing; and

(4) Revised § 299.5 to reflect current public use forms and their respective Office of Management and Budget (OMB) control numbers.

The comment period for the interim rule ended on July 18, 1994. The Service received comments from five commenters. The following is a discussion of those comments along with the Service's response.

Acceptance of Computer-Generated Form I-20

A majority of the commenters expressed enthusiastic appreciation for the opportunity to utilize laser printed I-20 Forms. One commenter stated that, during peak periods, the computerized forms saved 15 staff hours of processing time per week, and another commenter stated that the productivity of school office staff increased dramatically.

Still another commenter offered congratulations to the Service for addressing the needs and desires of those using our forms and could find nothing to change in the interim rule.

The Service is encouraged by these comments and will continue to try to accommodate the needs of the public while still maintaining our proposed standards.

Non-Acceptance of Computer-Generated Form I-20

One commenter urged the Service to reconsider its utilization of computer-generated Form I-20. The commenter opined that the use of such documents encouraged fraud and suspicion.

The Service appreciates these comments and feels it necessary to reassure this commenter that the computer-generated Form I-20 will be processed by officers of the Service, who are highly trained in detecting fraudulent documents. However, to alleviate these fears, the Service has issued policy guidance to the field which states that those private entities that electronically generate Form I-20 in single page format rather than double

sided format, will be required to include the student's name, school, and date of birth in a shaded box on the top of page 4, --using the same type size and font style as the body of the form. This policy has been included in § 299.4(b)(1) of this final rule and will continue to allow the private sector to electronically produce the Form I-20 while providing the latest safeguards against fraudulent Form I-20's being submitted.

Other Topics Addressed

Another commenter was very complimentary about the entire change in policy concerning the acceptance of electronically generated forms and suggested that the Service revise the language contained in § 299.4(d) concerning the use of laser printers or near-letter-quality printers. Specifically, this commenter felt that the Service needed to address future changes in printer technologies. The Service concurs with this suggestion and is revising the language in § 299.4(d) to allow for the use of electronic pr inters that provide near-letter-quality documents to generate electronic forms.

Final Rule

In addition to the changes being incorporated into § 299.4 (b)(1) and (d) of this final rule, the Service is also:

(1) Removing 8 CFR part 282 which includes certain language that is already contained in section 282 of the Immigration and Nationality Act and which will be included in 8 CFR 299.3;

(2) Amending § 299.3 by updating the listing of forms that could be purchased from the Superintendent of Documents, the related stock numbers, and prices;

(3) Amending §§ 299.1 and 299.4 by updating the listing of the prescribed forms to be used in compliance with the provisions of Title 8 of the Code of Federal Regulations;

(4) Amending § 299.4(b)(3) and (e) to remove the office title "Records Systems Division"; and by

(5) Amending § 299.5 to reflect current public use forms and their respective OMB control numbers.

The new actions to remove 8 CFR part 282 and amending § 299.4(b)(3) and (e) as described above are based on the "good cause" exception found at 5 U.S.C. 553(d)(3). These actions will not affect the public and are being done purely for administrative purposes.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in accordance with 5 U.S.C. 605(b), has reviewed this regulation and, by approving it, certifies that this rule does not have a significant economic impact on a substantial number of small entities. This rule is primarily administrative in nature and merely updates the existing forms listings currently contained in Title 8 of the Code of Federal Regulations. In addition, this rule is intended to benefit small entities by providing them with s pecific standards which, if followed, will enable them to take advantage of existing computer technology available in the marketplace to electronically reproduce Service forms.

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 12612

The regulation 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.