PART 274a-CONTROL OF EMPLOYMENT OF ALIENS

7. The authority citation for part 274a continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1324a, and 8 CFR part 2.

8. Section 274a.12 is amended by:

a. Removing the ";" at the end of paragraph (c)(9) and replacing it with a "."; and by

b. Adding two new sentences at the end of the paragraph (c)(9), to read as follows:

§ 274a.12 Classes of aliens authorized to accept employment.

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(c) * * *

(9) * * * For purposes of section 245(c)(8) of the Act, an alien will not be deemed to be an "unauthorized alien" as defined in section 274A(h)(3) of the Act while his or her properly filed Form I-485 application is pending final adjudication, if the alien has otherwise obtained permission from the Service pursuant to 8 CFR 274a.12 to engage in employment, or if the alien had been granted employment authorization prior to the filing of the adjustment application and such authorization does not expire during the pendency of the adjustment application. Upon meeting these conditions, the adjustment applicant need not file an application for employment authorization to continue employment during the period described in the preceding sentence;

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June 15, 1997 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner, Immigration and Naturalization Service.