[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Rules and Regulations]
[Pages 29571-29574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4754]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Citizenship and Immigration Services
8 CFR Part 103
[DHS Docket No. USCIS-2005-0038; CIS No. 2367-05]
RIN 1615-AB40
Changes to the Procedures for Notifying the Public of Premium
Processing Service Designations and Availability
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Interim rule with request for comments.
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SUMMARY: This interim rule amends Department of Homeland Security
regulations to change the process whereby U.S. Citizenship and
Immigration Services will notify the public of the dates and conditions
for Premium Processing Service of designated employment-based petitions
and applications. This interim rule also clarifies that notices
announcing the designation of petitions and applications for Premium
Processing Service will identify the individual classifications within
each designated petition or application that will be eligible for
premium processing.
DATES: Effective date: This interim rule is effective May 23, 2006.
Comment date: Written comments must be submitted on or before July
24, 2006.
ADDRESSES: You may submit comments, identified by DHS Docket No. USCIS
2005-0038, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: You may submit comments directly to USCIS by e-
mail at [email protected]. Include DHS Docket No. USCIS-2005-0038 in the
subject line of the message.
Mail: The Director, Regulatory Management Division, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To
ensure proper handling, please reference DHS Docket No. USCIS-2005-0038
on your correspondence. This mailing address may also be used for
paper, disk, or CD-ROM submissions.
Hand Delivery/Courier: U.S. Citizenship and Immigration
Services, Department of Homeland Security, 111 Massachusetts Avenue,
NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number is (202)
272-8377.
FOR FURTHER INFORMATION CONTACT: Kristina Carty-Pratt, Adjudications
Officer, Office of Program and Regulations Development, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
111 Massachusetts Avenue, NW., Washington, DC 20536. Contact Telephone
Number (202) 272-8400.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
interim rule. Comments that will provide the most assistance to U.S.
Citizenship and
[[Page 29572]]
Immigration Services (USCIS) in developing these procedures will
reference a specific portion of the interim rule, explain the reason
for any recommended change, and include data, information, or authority
that support such recommended change.
Instructions: All submissions received must include the agency name
and DHS docket No. USCIS-2005-0038 for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided. See ADDRESSES above for
information on how to submit comments.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Submitted comments
may also be inspected at the office of the Director, Regulatory
Management Division, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd
Floor, Washington, DC 20529.
II. Background
The District of Columbia Appropriations Act of 2001 added section
286(u) to the Immigration and Nationality Act (INA), 8 U.S.C. 1356(u),
authorizing the collection of a $1,000 ``premium fee,'' in addition to
the regular filing fee, from persons seeking expedited processing of
eligible employment-based petitions and applications. See District of
Columbia Appropriations Act of 2001, Public Law 106-553, tit. I, sec.
112, 114 Stat. 2762, 2762A-68 (Dec. 21, 2000). Based upon this
statutory authority, the former Immigration and Naturalization Service
issued an interim rule establishing its Premium Processing Service on
June 1, 2001. See 66 FR 29682.
Under the Premium Processing Service, in exchange for the $1,000
premium processing fee, USCIS guarantees that designated petitions and
applications will be processed within 15 calendar days. 8 CFR
103.2(f)(1). USCIS regulations state that USCIS will designate the
petitions and applications eligible for the Premium Processing Service
by notices published in the Federal Register. 8 CFR 103.2(f)(2). This
interim rule amends USCIS regulations to change the information
required to be included in the designation notices and to state USCIS'
intention to inform the public by announcements on its Web site of the
dates of availability, or termination, of Premium Processing Service
for individual petitions, applications or classifications of aliens
within such documents.
III. Notification of Premium Processing Service Designations and
Availability
A. Designating Classifications Within Designated Petitions and
Applications by Federal Register Notice
The preamble to the June 2001 interim rule establishing the Premium
Processing Service filing requirements states that USCIS will specify
the forms and visa classifications that will be eligible for premium
processing, as well as the dates on which the availability of Premium
Processing Service will begin and end.\1\ 66 FR at 29683. Today's
interim rule codifies USCIS' practice of specifying in the designation
notice which visa classifications within designated petitions and
applications are eligible for Premium Processing. See Revised 8 CFR
103.2(f)(2). USCIS is adding this requirement to the regulations to
ensure that the public consistently receives complete information
regarding each designation.
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\1\ ``Form type'' is a phrase USCIS uses to describe the form
number assigned to the petition or application. For example, the
form type for the ``Petition for Nonimmigrant Worker'' is Form I-
129. ``Visa classifications'' is a phrase that USCIS uses to refer
to categories of aliens whom Congress has identified by statute as
permitted to seek immigrant or nonimmigrant status in the United
States. See INA sec. 203, 8 U.S.C. 1153 (immigrants); INA sec.
101(a)(15), 8 U.S.C. 1101(a)(15) (nonimmigrants). For example, an
alien seeking to come to the United States temporarily to perform
services in a specialty occupation would fall within the ``H-1B''
nonimmigrant visa classification, authorized by section
101(a)(15)(H)(i)(b) of the INA, 8 U.S.C. 1101(a)(15)(H)(i)(b).
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Further, under this interim rule, USCIS will specify in the
designation notice the ``classifications'' within the designated
petitions and applications that are eligible for Premium Processing
Service, rather than only ``visa classifications.'' This change is
necessary to take into account the fact that not all petitions and
applications are filed on the basis of a visa classification. For
example, the Form I-765 ``Application for Employment Authorization''
may be filed by aliens who have a pending application to adjust status
to that of a lawful permanent resident. This classification does not
correspond to a particular visa classification.
USCIS regulations also currently state that USCIS will announce a
decision to terminate Premium Processing Service by notice published in
the Federal Register. This interim rule amends the regulations to state
that USCIS also will specify individual classifications within
petitions and applications for which USCIS has terminated eligibility
for Premium Processing Service. See Revised 8 CFR 103.2(f)(2).
B. Web Site Notification of Dates and Conditions of Premium Processing
Service Availability
Currently, USCIS announces the date that Premium Processing Service
will become available for designated forms in the designation notices
published in the Federal Register. See 66 FR at 29683. This rule states
USCIS' intention to announce the date of availability of Premium
Processing Service for specific forms, or classifications within the
forms, by USCIS' public Web site (http://www.uscis.gov) rather than
including that information in the designation notice published in the
Federal Register. Revised 8 CFR 103.2(f)(2). This process allows for
more flexibility for USCIS in beginning or ending the availability of
Premium Processing Service and maximizes public access to this
information.
The public frequently turns to the USCIS Web site for information.
The USCIS Web site receives millions of hits per month. The public uses
the USCIS Web site for general information on immigration benefits
rules and processes, statutes and regulations, downloading immigration
forms, specific case status information, and processing times at the
various service centers and district offices. Some members of the
public sign up for e-mail alerts that provide the latest information
posted on the USCIS Web site regarding particular applications,
petitions, or visa classifications. Because of the wide use of the Web
site by the public, USCIS believes that posting information on the
dates of availability for, or termination of, Premium Processing
Service for specific petitions and applications on USCIS' Web site
would be a more timely and efficient method of disseminating such
information to the public.
Accordingly, this rule amends 8 CFR 103.2(f)(2) to state USCIS'
intention to post on its Web site the beginning and ending dates of
availability for Premium Processing Service for the petitions and
applications, and classifications within such petitions and
applications, that USCIS previously designated by notice published in
the Federal Register.
This rule also announces that USCIS will post any conditions that
it determines are necessary to impose on the availability of Premium
Processing Service. This change will accord USCIS the flexibility to
adapt to contingencies affecting its ability to provide Premium
Processing Service. For example, USCIS may need to suspend the
availability of Premium Processing Service for certain applications or
petitions, or for certain classifications within designated
applications or petitions, in the event
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that USCIS receives a flood of requests for the service and determines
that it will not be able to handle new requests until the pending
requests are processed. USCIS also may need to suspend the availability
of Premium Processing Service in emergent situations that require USCIS
to redirect its resources, such as when a new law requires USCIS to
extend immigration benefits to large classes of individuals within a
short timeframe. This rule affords USCIS the flexibility to adapt
quickly when these various contingencies arise while providing the
public with adequate notice of any impact on Premium Processing Service
availability.
As a result of this amendment to 8 CFR 103.2(f)(2), a designation
for Premium Processing Service eligibility in a Federal Register notice
will no longer mean that the public can immediately request Premium
Processing Service for a particular application or petition. Rather,
the public will need to refer to the USCIS public Web site to determine
when USCIS will begin to accept requests for Premium Processing Service
for the new designation. By this change, applicants and petitioners
relying on information that USCIS posts on its Web site concerning the
availability of Premium Processing Service will have confidence that
the information is timely and accurate, and that their resulting
request for Premium Processing Service will not be rejected based on
timeliness.
C. Technical Change
This rule makes one technical change to 8 CFR 103.2(f)(2). It
replaces the reference to ``Service'' with ``USCIS.'' ``Service''
refers to the former Immigration and Naturalization Service. The
administration of Premium Processing Service was transferred from the
former Immigration and Naturalization Service to USCIS on March 1,
2003. See Homeland Security Act of 2002, Public Law 107-296, sections
451(b) & 471, 116 Stat. 2135, 2196, 2205 (codified as amended at 6
U.S.C. 271(b) & 291(a)). This amendment to 8 CFR 103.2(f)(2) is
necessary to reflect the transfer of this function.
IV. Regulatory Requirements
A. Administrative Procedure Act
USCIS has determined that the public notice and comment
requirements of the Administrative Procedure Act (APA), 5 U.S.C.
553(b), do not apply to this rule because the rule is procedural in
nature and does not alter the substantive rights of the affected
parties. Therefore, this rule satisfies the exemption from notice and
comment rulemaking in 5 U.S.C. 553(b)(A). USCIS nevertheless invites
comments on this rule and will consider all timely comments in the
preparation of a final rule.
Premium Processing Service is an established USCIS program. This
rule is limited to modifying how USCIS will notify the public of
Premium Processing Service availability and requiring more specificity
in notifications. It does not modify any of the eligibility
requirements for Premium Processing Service, nor does it modify the
standards under which USCIS will grant a request from the public for
Premium Processing Service.
USCIS expects that this rule will further the public's interest in
receiving timely processed employment-based immigration benefits. The
rule requires that USCIS provides more detailed information to the
public regarding the availability of Premium Processing Service to new
petitions and applications. Also, by permitting USCIS to post
availability information on its popular Web site, the public will be
informed of changes to Premium Processing Service as those changes
occur. This will allow the public to seek the benefits of the service
more quickly, including U.S. employers filling vacancies, individuals
finding needed jobs, and dependent family members rejoining their loved
ones.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 603(b)), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996
(SBREFA), requires an agency to prepare and make available to the
public a regulatory flexibility analysis that describes the effect of a
proposed rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions) when the agency is
required ``to publish a general notice of proposed rulemaking for any
proposed rule.'' Because this rule is being issued as an interim rule,
on the grounds set forth above, a regulatory flexibility analysis is
not required under the RFA.
C. Unfunded Mandates Reform Act of 1995
This interim 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, 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.
D. Small Business Regulatory Enforcement Fairness Act of 1996
This interim rule is not a major rule as defined by section 251 of
the Small Business Regulatory Enforcement Act of 1996. 5 U.S.C. 804.
This rule will not result in (i) an annual effect on the economy of
$100 million or more; (ii) a major increase in costs or prices; or
(iii) significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of the United
States-based companies to compete with foreign-based companies in
domestic and export markets.
E. Executive Order 12866
The Office of Management and Budget has determined that this rule
is not a significant regulatory action under Executive Order 12866.
Accordingly, this regulation has not been submitted to the Office of
Management and Budget (OMB) for review.
This rule does not place new costs or burdens on the public. The
only modification this rule is making to Premium Processing Service is
the location and specificity of information that USCIS will disseminate
to the public concerning the availability of Premium Processing
Service. This rule permits USCIS to use its Web site to notify the
public of the availability of Premium Processing Service. The USCIS Web
site is more readily accessible to the public than the current form of
notification, which is by notice published in the Federal Register.
Recognizing that not all members of the public utilize the Internet,
USCIS will make available by telephone the same information contained
on its Web site concerning Premium Processing Service availability. To
obtain Premium Processing Service availability information, the public
will be able to call the National Customer Service Center at 1-800-375-
5283.
The changes made by this rule will benefit the public with overall
improved customer service by allowing USCIS to disseminate to the
public information related to Premium Processing Service quickly and
efficiently. The changes also are expected to benefit USCIS by
increasing its flexibility in the management of the service to
accommodate contingencies as they arise.
F. Executive Order 13132
This rule 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
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responsibilities among the various levels of government. Therefore, in
accordance with section 6 of Executive Order 13132, it is determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a federalism summary impact statement.
G. Executive Order 12988
This rule meets the applicable standards set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988.
H. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, all
Departments are required to submit to the Office of Management and
Budget (OMB), for review and approval, any reporting requirements
inherent in a rule. This interim rule does not impose any additional
information collection burden or affect information currently collected
by USCIS.
List of Subjects in 8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
0
Accordingly, part 103 of chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS
0
1. The authority citation for part 103 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1
et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166;
8 CFR part 2.
0
2. Section 103.2(f)(2) is revised to read as follows:
Sec. 103.2 Applications, petitions, and other documents.
* * * * *
(f) * * *
(2) Applications and petitions eligible for Premium Processing
Service. USCIS will designate and terminate petitions and applications
and classifications within such petitions and applications as eligible
for Premium Processing Service by publication of notices in the Federal
Register. USCIS will announce by its Web site at http://www.uscis.gov
the dates upon which the availability of Premium Processing Service
begins and ends for a designated petition or application and any
designated classifications within a designated petition or application,
and applicable conditions of availability.
* * * * *
Dated: May 4, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-4754 Filed 5-22-06; 8:45 am]
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