How Will Photographs and Fingerprints be Processed Under This Rule?

A refugee or asylee applying to the NSC for adjustment of status must submit, as part of his or her Form I-485 application, the required photographs. After the application has been accepted for processing, the NSC will send those applicants who are required to be fingerprinted written instructions regarding the time and place for the taking of the prescribed set of Form FD-258 fingerprints. Applicants whose Form I-485 applications have been approved will be instructed regarding the time and place for the ex ecution of a Form I-89, Data Collection Card to capture the biometric data (photograph, index fingerprint, and signature) required for the production of their permanent resident card.

The Service plans to restructure Form I-485 processing to eliminate the need for a separate Form I-89 card to capture the applicant's biometric alien registration card data. Until further notice, however, applicants whose Form I-485 applications have been approved must continue to make a personal appearance for the execution of the I-89 data card. The Service will notify aliens involved in Form I-485 processing under this Direct Mail Program, regarding when and where the Form I-89 card may be executed.

How May Refugee or Asylee Adjustment Applicants Apply for an Employment Authorization Document, Advance Parole, or a Waiver of Inadmissibility?

An applicant for adjustment of status may apply concurrently to the NSC for the following:

(1) An employment authorization document (EAD) by filing a Form I-765, Application for Employment Authorization;

(2) Advance parole authorization by filing Form I-131, Application for Travel Document; or

(3) A waiver of exclusion grounds by filing Form I-602, Application by Refugee for Waiver on Grounds of Excludability.

In the event that the NSC transfers an applicant's Form I-485 to a local district office for adjudication, the NSC will send the applicant a written notice of the transfer, with instructions that any subsequent application for related benefits based on the adjustment application (such as a Form I-602, Form I-765, or Form I-131) must be filed with the local office where the I-485 application is pending.

Will There be a Transition Period?

During the first 60 days following the effective date of this rule, local Service offices that receive any of the applications designated in this rule for the Direct Mail Program must decide whether to continue to accept and process them locally, or to forward them, at no cost to the applicant or petitioner, to the Nebraska Service Center for adjudication. The local office's decision will be based on its assessment of pertinent factors such as whether the transition to Direct Mail will significantly delay E AD issuance, whether accepting the case is appropriate in light of current workloads, or other relevant circumstances. Applications forwarded to the NSC will be considered properly filed when received at the NSC with the proper signature and fee.

Any application or petition designated for Direct Mail which is submitted to a local office after the expiration of this 60 day transition period will be returned to the applicant for proper filing with the NSC. The local office cannot assume responsibility for any applicant's failure to file a timely application or petition at the NSC.

How Will This Rule Change the Filing Instructions for Form-485 and Related Forms?

The present edition of Form I-485 (Rev. 09-09-92) will be revised as soon as practicable to include instructions to refugees and asylees regarding adjustment procedures under this rule. In the meantime, the Supplementary Instructions accompanying the Form I-485 which are currently attached to all Forms I-485 distributed to the public will include the following additional information:

Fee

1. Form I-485 base filing fee . If you are applying for permanent resident status as a Refugee under section 209(a) of the Immigration and Nationality Act (Act), you are not required to pay the filing fee.

Where to File

2. Applications by Refugees and Asylees . If you are a refugee or an asylee applying for permanent residence under section 209 of the Act, you must mail your application on Form I-485 to the following address: Nebraska Service Center, P.O. Box 87485, Lincoln, NE 68501-7485.

If along with your adjustment application you are filing a Form I- 131, Application for Travel Document, for the purpose of obtaining advance parole authorization, or a Form I-765, Application for Employment Authorization, or a Form I-602, Application by Refugee for Waiver on Grounds of Excludability, please follow the instructions which accompany those forms.

Good Cause Exemption

The Service's implementation of this rule as an interim rule, with provisions for post-promulgation comments, is based upon the exception found at 5 U.S.C. 553(b)(B) and (d)(3). This rule imposes no substantive change in existing requirements, but rather adjusts the Service's procedures for implementing those requirements, in order to promote efficiency of adjudication and better service to the public.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this regulation and, by approving it, certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule is primarily administrative in nature and merely updates existing procedures contained in Title 8 of the Code of Federal Regulations. This rule applies to individuals and has no

economic effect on small entities.

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 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined in section 804 of the Small Business Regulatory Enforcement Fairness 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, 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 regulations 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.

Executive Order 12988 Civil Justice Reform

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

Paperwork Reduction Act

The information collection requirements contained in this rule have been approved for use by the Office of Management and Budget under the provisions of the Paperwork Reduction Act. The OMB control numbers for these collections are contained in § 299.5, Display of control numbers.