* * * * *

(c) Order of the immigration judge. * * *

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

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

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

26. Section 274a.12 is amended by:

a. Revising paragraph (c)(8);

b. Revising the first sentence in paragraph (c)(10);

c. Removing in paragraph (c)(11) the word "emergent" and adding in its place the word "emergency"; and

d. Removing and reserving paragraph (c)(13), to read as follows:

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

* * * * *

(c) * * *

(8) An alien who has filed a complete application for asylum or withholding of deportation pursuant to part 208 of this chapter, whose application has not been decided, and who is eligible to apply for employment authorization under Sec. 208.7 of this chapter because the 150-day period set forth in that section has expired. Employment authorization may be granted according to the provisions of Sec. 208.7 of this chapter in increments to be determined by the Commissioner and shall expire on a specified date;

* * * * *

(10) An alien who has filed an application for suspension of deportation pursuant to part 244 of this chapter, if the alien establishes an economic need to work. * * *

* * * * *

(13) [Reserved].

* * * * *

27. Sec. 274a.13 is amended by revising paragraph (a), and the first sentence in paragraph (d), to read as follows:

Sec. 274a.13 Application for employment authorization.

(a) General. Aliens authorized to be employed under Sec. 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 Sec. 274a.12(c) of this part, except for those who may apply under Sec. 274a.12(c)(8), shall file a Form I-765 with the district director having jurisdiction over the applicant's residence, or the district director having jurisdiction over the port of entry at which the alien applies, or with such other INS office as the Commissioner may designate. The approval of applications filed under Sec. 274a.12(c) of this part, except for Sec. 274a.12(c)(8), shall be within the discretion of the district director. 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) filed under Sec. 274a.12(c)(8) of this part shall be filed in accordance with the instructions on or attached to Form I-765, with the appropriate Service Center or with such other INS 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 Secs. 208.3 and 208.4 of this chapter. An application for an initial employment authorization filed in relation to a pending claim for asylum shall be adjudicated in accordance with Sec. 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 for in Sec. 208.7 of this chapter, shall be filed, with fee or with application for waiver of such fee, in accordance with the instructions on or attached to Form I-765, with the appropriate Servi ce Center or with such other INS office as the Commissioner may designate. The Service Center shall adjudicate the application within 30 days of receipt.

* * * * *

(d) Interim employment authorization. The district director shall adjudicate the application within 90 days from the date of receipt of the application by the INS, except in the case of an initial application for employment authorization under Sec. 274a.12(c)(8), which is governed by paragraph (a)(2) of this section. * * *

PART 299--IMMIGRATION FORMS

28. The authority citation for Part 299 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.

29. The table in Sec. 299.5 is amended by revising the entry for form I-589 to read as follows:

Sec. 299.5 Display of control numbers.

* * * * *
_______________________________________________________________

INS form No.	INS form title	Currently assigned OMB control No.
* * * * *
I-589	........... Application for Asylum and
	for Withholding of Deportation.....	115-0086
* * * * *

November 29, 1994 _________________ Dated:

Signed _______________________________ Janet Reno, Attorney General