[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)]
[Rules and Regulations]
[Pages 47799-47801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 96-23035]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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Federal Register / Vol. 61, No. 177 / Wednesday, September 11, 1996 / 
Rules and Regulations

[[Page 47799]]



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 approved 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 Secs. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 
Sec. 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 
Sec. 299.4(d) to allow for the use of electronic printers that provide 
near-letter-quality documents to generate electronic forms.

Final Rule

    In addition to the changes being incorporated into Sec. 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 Sec. 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 Secs. 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 Sec. 299.4(b)(3) and (e) to remove the office title 
``Records Systems Division''; and by
    (5) Amending Sec. 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 
Sec. 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.

[[Page 47800]]

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 specific 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.

List of Subjects

8 CFR Part 282

    Forms, Immigration.

8 CFR Part 299

    Immigration, Reporting and recordkeeping requirements.

8 CFR Part 499

    Citizenship and naturalization, Nationality forms.

    Accordingly, the interim rule amending 8 CFR parts 299 and 499 
which was published at 59 FR 25555-25561 on May 17, 1994, is adopted as 
a final rule with the following changes:

PART 282--FORMS FOR SALE TO PUBLIC

    1. Part 282 is removed.

PART 299--IMMIGRATION FORMS

    2. The authority citation for part 299 continues to read as 
follows:

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

    3. Section 299.1 is amended by: a. Removing the entries for Forms 
``I-328'' and ``I-591''; and by b. Revising the entries for Forms ``FD-
258'', ``G-639'', ``I-102'', ``I-104'', ``I-246'', ``I-551'', ``I-
586'', ``I-589'', ``I-602'', ``I-607'', ``I-688'', ``I-688B'', ``I-
765'', and ``I-775'' to read as follows:


Sec. 299.1  Prescribed forms.

* * * * *

------------------------------------------------------------------------
                                Edition                                 
          Form No.                date                 Title            
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
FD-258......................     12-29-82  Applicant Fingerprint Card.  
                                                                        
                  *        *        *        *        *                 
G-639.......................     03-21-94  Freedom of Information Act/  
                                            Privacy Act Request.        
                                                                        
                  *        *        *        *        *                 
I-102.......................     06-13-95  Application for Replacement/ 
                                            Initial Nonimmigrant Arrival/
                                            Departure Document.         
I-104.......................     11-01-84  Alien Address Report Card.   
                                                                        
                  *        *        *        *        *                 
I-246.......................     01-15-86  Application for Stay of      
                                            Deportation.                
                                                                        
                  *        *        *        *        *                 
I-551.......................     01-31-77  Alien Registration Receipt   
                                            Card.                       
                                                                        
                  *        *        *        *        *                 
I-586.......................     04-30-77  Nonresident Alien Border     
                                            Crossing Card.              
I-589.......................     11-16-94  Application for Asylum and   
                                            for Withholding of          
                                            Deportation.                
                                                                        
                  *        *        *        *        *                 
I-602.......................     10-01-85  Application by Refugee for   
                                            Waiver on Grounds of        
                                            Excludability.              
I-607.......................     02-01-72  Order Re Waiver of           
                                            Excludability Pursuant to   
                                            Section 212(h), (i) and     
                                            Permission to Reapply.      
                                                                        
                  *        *        *        *        *                 
I-688.......................     01-01-89  Temporary Resident Card.     
                                                                        
                  *        *        *        *        *                 
I-688B......................     08-07-93  Employment Authorization     
                                            Card.                       
                                                                        
                  *        *        *        *        *                 
I-765.......................     04-25-95  Application for Employment   
                                            Authorization.              
I-775.......................     05-12-94  Visa Waiver Pilot Program    
                                            Agreement.                  
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

    4. The introductory text for Sec. 299.3 is revised to read as 
follows:


Sec. 299.3  Forms available from Superintendent of Documents.

    The Immigration and Naturalization Service forms listed in this 
section may be obtained, upon prepayment, from the Superintendent of 
Documents, who is authorized to print these forms for sale to the 
public. Prices are set by the Superintendent of Documents, Government 
Printing Office, and are subject to change without notice. A small 
supply of these forms shall be set aside by immigration officers for 
free distribution and official use.
* * * * *


Sec. 299.3  [Amended]

    5. Section 299.3 is amended by removing the entries for Forms ``I-
102'', ``I-526'', ``I-600'' and ``I-600A''.
    6. Section 299.3 is amended by adding the entries for Forms ``I-
765'' and ``I-817'' in proper numerical sequence, to the listing of 
forms, to read as follows:


Sec. 299.3  Forms available from the Superintendent of Documents.

* * * * *

------------------------------------------------------------------------
                                            GPO stock No. (S/  Price per
                 Form No.                           N)           100/pd 
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
I-765.....................................    027-002-00441-8      49.00
I-817.....................................    027-002-00415-9      36.00
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

    7. Section 299.3 is amended by revising the entries for forms ``I-
20MN'', ``I-94 (English)'', ``I-129F'', and ``I-693'', to read as 
follows:


Sec. 299.3  Forms available from Superintendent of Documents.

* * * * *

[[Page 47801]]



------------------------------------------------------------------------
                                            GPO stock No. (S/  Price per
                 Form No.                           N)           100/pd 
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
I-20MN....................................    027-002-00403-5      26.00
                                                                        
                  *        *        *        *        *                 
I-94(English).............................    027-002-00318-7      11.00
                                                                        
                  *        *        *        *        *                 
I-129F....................................    027-002-00389-6      26.00
                                                                        
                  *        *        *        *        *                 
I-693.....................................    027-002-00355-1      43.00
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

* * * * *
    8. Section 299.4 is amended by:
    a. Revising the introductory text in paragraph (b);
    b. Revising paragraph (b)(1);
    c. Revising paragraph (b)(3);
    d. Revising paragraph (d); and by
    e. Revising paragraph (e), to read as follows:


Sec. 299.4  Reproduction of Public Use Forms by public and private 
entities.

* * * * *
    (b) Requirements for electronic generation. Public or private 
entities may electronically generate forms required for applying for a 
specific benefit, in compliance with the immigration and naturalization 
regulations, at their own expense. This includes forms that have been 
made available for purchase by the Superintendent of Documents, as 
listed in Sec. 299.3 provided that each form satisfies the following 
requirements:
    (1) An electronic reproduction must be complete, containing all 
questions which appear on the official form. The wording and 
punctuation of all data elements and identifying information must match 
exactly. No data elements may be added or deleted. The sequence and 
format for each item on the form must be replicated to mirror the 
authorized agency form. Each item must be printed on the same page in 
the same location. Likewise, multiple-part sets may be printed as 
single sheets provided that the destination of the carbon copy is 
clearly identified on the bottom of the form. Private entities must 
reproduce forms on the same colored paper that is used on the official 
form. In the case of the Form I-20 A-B/I-20ID, Certificate of 
Eligibility for Nonimmigrant (F-1) Student Status--For Academic and 
Language Students, private entities may generate this form in single-
page format rather than double-sided format, provided that the 
student's name, school, and date of birth is printed in a shaded box on 
the top of page 4 of the form, using the same type size and font style 
as the body of the form.
* * * * *
    (3) The final form must be approved for use by the Director, Policy 
Directives and Instructions Branch. The form should be mailed to the 
address listed in paragraph (e) of this section for approval.
* * * * *
    (d) Electronic printers that provide for near-letter-quality 
documents should be used to generate electronic forms. Dot matrix 
printers that are only capable of producing draft quality documents 
should not be used for form generation, but may be used for the entry 
of data in a preprinted form where appropriate.
    (e) Any form with poor print quality or other defect which renders 
it illegible, difficult to read, or displays added or missing data 
elements, will be rejected by the Service. Any problems regarding the 
acceptability of a specific electronic version of a particular Service 
form may be brought to the attention of the Director, Policy Directives 
and Instructions Branch, 425 ``I'' Street, NW., Room 5307, Washington, 
DC 20536, telephone number (202) 514-3048.


Sec. 299.5  [Amended]

    9. Section 299.5 is amended by removing the entries for Forms ``I-
591'' and ``G-897''.
    10. Section 299.5 is amended by:
    a. Adding the entries for Forms ``I-847'' and ``I-855'', to the 
listing of forms, in proper numerical sequence; and by
    b. Adding the entries for the ``Telephone Verification System (TVS) 
Pilot Phase II'' and the ``Generic Clearance of Customer Service 
Surveys'' immediately after the last entry in the second column, ``INS 
form title'' to read as follows:


Sec. 229.5  Display of control numbers.

* * * * *

------------------------------------------------------------------------
                                                              Currently 
                                                               assigned 
        INS form No.                  INS form title         OMB control
                                                                 No.    
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
I-847.......................  Report of Complaint..........    1115-0191
                                                                        
                  *        *        *        *        *                 
I-855.......................  ABC Change of Address Form...    1115-0197
                                                                        
                  *        *        *        *        *                 
                              Telephone Verification System    1115-0192
                               (TVS) Pilot Phase II.                    
                              Generic Clearance of Customer    1115-0195
                               Service Surveys.                         
------------------------------------------------------------------------

PART 499--NATIONALITY FORMS

    11. The authority citation for part 499 continues to read as 
follows:

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

    12. Section 499.1 is amended by revising the entries for Forms ``M-
288'', ``M-289'', ``M-290'', ``M-291'', ``N-4'', ``N-565'', and ``N-
643'' to read as follows:


Sec. 499.1  Prescribed forms.

* * * * *

------------------------------------------------------------------------
                                Edition                                 
          Form No.                date         Title and  description   
------------------------------------------------------------------------
M-288.......................     12-30-87  United States History 1600-  
                                            1987, Level II.             
M-289.......................     12-31-87  United States History 1600-  
                                            1987, Level I.              
M-290.......................     01-01-90  U.S. Government Structure,   
                                            Level II.                   
M-291.......................     12-31-87  U.S. Government Structure,   
                                            Level I.                    
                                                                        
                  *        *        *        *        *                 
N-4.........................     12-14-93  Monthly Report--             
                                            Naturalization Papers       
                                            Forwarded.                  
                                                                        
                  *        *        *        *        *                 
N-565.......................     11-18-93  Application for Replacement  
                                            Naturalization/Citizenship  
                                            Document.                   
                                                                        
                  *        *        *        *        *                 
N-643.......................     05-10-93  Application for Certificate  
                                            of Citizenship on Behalf of 
                                            an Adopted Child.           
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

    Dated: August 7, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-23035 Filed 9-10-96; 8:45 am]
BILLING CODE 4410-01-M