\ fr \ Federal Register Publications (CIS, ICE, CBP) \ Federal Register Publications (Legacy INS) - 1997 \ FEDERAL REGISTER FINAL REGULATIONS - 1997 \ Waiver of the Two-Year Home Country Physical Presence Requirement for Certain Foreign Medical Graduates [62 FR 18506] [FR 12-97] \ IIRIRA Changes
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On September 30, 1996, the President signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208. Section 622(a) of IIRIRA amended section 220(c) of the 1994 Technical Corrections Act to extend the State-based waiver program until June 1, 2002. Therefore, the regulation will be amended at 8 CFR 212.7(c)(9)(i)(A) to reflect the FMGs who entered the United States in J-1 status or acquired J-1 status upon arrival before June 1, 2002, may apply for a waiver based on a reques
t by a State Department of Public Health. This amendment is made to ensure the regulation reflects the correct expiration date of the State-based waiver program. This change became effective on September 30, 1996, the IIRIRA enactment date. Because section 622(a) of IIRIRA amended section 220(c) of the 1994 Technical Corrections Act, the enabling legislation, there effectively has not been any interruption in the State-based waiver program.
See Trichilo v. Secretary of Health and Human Services,
825 F.2d 702, 705-07 (2d Cir. 1987).
In addition, sections 622 (b) and (c) of IIRIRA amended section 214(k) of the Act to impose new terms and conditions on waivers of the 2-year requirement granted to FMGs based on a request by an interested Federal agency. These statutory changes will be implemented in a separate rulemaking. While sections 622 (b) and (c) of IIRIRA 96 Act amended section 214(k) of t he Act, section (a)(3)(A) of the 96 Act subsequently redesignated section 214(k) of the Act as section 214(l) of the Act, which unintentionally
resulted in two different sections 214(l) of the Act, as section 625 of the 96 Act also created a section 214(l) of the Act to impose new terms and conditions on F-1 academic students. The Service is seeking a technical correction to resolve this discrepancy.
Effective Date of Final Rule
Since the two technical changes resulting from section 622 of the 96 Act, relating to the extension of the eligibility date from June 1, 1996, to June 1, 2002, and the redesignation of section 214(k) of the Act as section 214(l) of the Act, became effective on September 30, 1996, the Service feels that "good cause" exists under 5 U.S.C. 553(d)(3) to have this final rule become effective upon date of publication in the
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 this final rule will not have a significant economic impact o n a substantial number of small entities because only 20 waivers are authorized per State annually to FMGs under Pub. L. 103-416.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $ 100 million or more in any one year, 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 by section 804 of the Small Business Regulatory Enforcement 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 final 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 12988
This final rule meets the applicable standards set forth in sections (3)(a) and (3)(b)(2) of E.O. 12988.
Executive Order 12612
This regulation will not have a substantial direct effect on the States, on the relationships between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. It merely implements section 220 of Pub. L. 103-416, which grants the States, in limited circumstances, the authority to submit requests for waiver recommendations to the Director of the USIA on behalf of certain foreign medical graduates. Therefore, in accordance with E.O. 12
612, it is determined that this rule does not have sufficient Federalism implications to warrant the preparation of a Federalism Assessment.