United States Visitor and Immigrant Status Indicator Technology Program (“US-VISIT”); Enrollment of Additional Aliens in US-VISIT; Authority To Collect Biometric Data from Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry, 2837-2838 [E9-988]
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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations
PART 214–NONIMMIGRANT CLASSES
DEPARTMENT OF HOMELAND
SECURITY
§ 214.2
[CIS No. 2432–07; DHS Docket No. USCIS–
2007–0058]
RIN 1615–AB67
Changes to Requirements Affecting H–
2B Nonimmigrants and Their
Employers; Correction
AGENCY: U.S. Citizenship and
Immigration Services, DHS.
ACTION:
Final rule; correction.
With this amendment, the
Department of Homeland Security
(DHS) corrects an inadvertent error that
was made to the Final Rule titled
‘‘Changes to Requirements Affecting H–
2B Nonimmigrants and Their
Employers’’ that was published in the
Federal Register on December 19, 2008,
at 73 FR 78104.
SUMMARY:
DATES:
[Corrected]
1. On page 78127, third column,
amendment 5.aa., revise the amendatory
language from ‘‘Adding a new sentence
to the end of paragraph (h)(11)(i)(A)’’ to
‘‘Revising the last sentence of paragraph
(h)(11)(i)(A)’’.
■ 2. On page 78128, second column,
add a period immediately after the word
‘‘revocation’’ in the heading to
paragraph (h)(6)(C).
■ 3. On page 78130, in the second
column, at the end of paragraph
(h)(11)(iii)(A)(2), revise ‘‘: or’’ to read ‘‘;
or’’.
■
8 CFR Parts 204, 214 and 215
Dated: January 13, 2009.
Michael Aytes,
Acting Deputy Director, U.S. Citizenship and
Immigration Services.
[FR Doc. E9–910 Filed 1–15–09; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
This rule is effective January 18,
2009.
8 CFR Part 235
FOR FURTHER INFORMATION CONTACT:
Hiroko Witherow, Business and Trade
Services Division, Service Center
Operations, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue, NW., Second Floor,
Washington, DC 20529–2140, telephone
(202) 272–9135.
[DHS–2005–0037]
SUPPLEMENTARY INFORMATION:
Need for Correction
On December 19, 2008, the
Department of Homeland Security
published a final rule in the Federal
Register at 73 FR 78104 changing
requirements affecting H–2B
nonimmigrants and their employers. At
8 CFR 214.2, DHS inadvertently:
• Stated in amendment 5.aa that a
new sentence would be added at the
end of paragraph (h)(11)(i)(A) instead of
saying that the last sentence of the
paragraph was being revised;
• Omitted a period after the
paragraph heading for paragraph
(h)(6)(C); and
• Ended the sentence in paragraph
(h)(11)(iii)(A)(2) with a ‘‘:’’ instead of a
‘‘;’’.
sroberts on PROD1PC70 with RULES
Correction of Publication
Accordingly, the publication on
December 19, 2008, at 73 FR 78104 of
the interim final rule that was the
subject of FR Doc. E8–30094 is corrected
as follows:
■
VerDate Nov<24>2008
16:34 Jan 15, 2009
Jkt 217001
RIN 1601–AA35; RIN 1600–AA00
United States Visitor and Immigrant
Status Indicator Technology Program
(‘‘US–VISIT’’); Enrollment of Additional
Aliens in US–VISIT; Authority To
Collect Biometric Data from Additional
Travelers and Expansion to the 50
Most Highly Trafficked Land Border
Ports of Entry
AGENCY: National Protection and
Programs Directorate, DHS.
ACTION: Final rule; correction.
SUMMARY: This document contains
corrections to the final rule which was
published in the Federal Register on
December 19, 2008. 73 FR 77473. The
pertinent regulations relate to the
collection of biometric identifiers
during the inspection of aliens at United
States ports of entry.
DATES: Effective on January 18, 2009.
FOR FURTHER INFORMATION, CONTACT:
Helen deThomas, Senior Policy Analyst,
US–VISIT, Department of Homeland
Security, 1616 Fort Myer Drive, 18th
Floor, Arlington, Virginia 22209, (202)
298–5200.
SUPPLEMENTARY INFORMATION: On
December 19, 2008, the Department of
Homeland Security (DHS) published a
final rule amending 8 CFR 235.1(f)(1)(ii)
to expand the population of aliens
subject to US–VISIT requirements to
include, among others, lawful
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Fmt 4700
Sfmt 4700
2837
permanent residents. That final rule
becomes effective January 18, 2009. 73
FR 77473.
As discussed in the preamble to the
final rule, DHS will require additional
aliens to provide fingerprints ‘‘at the
time of inspection’’ at the United States
border ports of entry, including lawful
permanent residents. 73 FR at 77474–
75.
As discussed in the preamble to the
final rule,
LPRs are still subject to entry,
documentation, and removability
requirements to the United States. LPRs are
aliens. See sections 101, 212, 237 of the INA
(8 U.S.C. 1101, 1182, 1227) and 8 CFR
235.1(b), (f)(1)(i). Although LPRs are not
technically regarded as seeking admission to
the United States if they are returning from
a stay of less than 180 days under section
101(a)(13)(C)(ii) of the INA (8 U.S.C.
1101(a)(13)(C)(ii)), they remain subject to the
admissibility requirements of section 212 of
the INA (8 U.S.C. 1182) because of their
status as an alien and not a United States
citizen. Accordingly, DHS must determine
whether an LPR is admissible to the United
States whenever the LPR arrives at a port of
entry, as well as determine whether an LPR
is removable from the United States based on
intervening facts since the time LPR status
was granted, and initial background checks
conducted, which may have been many years
ago.
73 FR at 77475.
Through technical drafting oversight,
DHS did not amend the regulatory text
of section 235.1(f)(1)(ii) in the final rule
to remove references to aliens seeking
admission. This correction is intended
to ensure that the regulatory language
mirrors the intent of the preamble—that
DHS may require lawful permanent
residents to provide biometrics in order
to determine, among other things, that
alien’s identity and whether he or she
has properly maintained his or her
permanent resident status while in the
United States.
Accordingly, in FR Doc. E8–30095,
published on December 19, 2008, make
the following correction. On page
77491, in the second column, revise the
regulatory text under instruction 4 to
read:
§ 235.1
Scope of examination.
*
*
*
*
*
(f) * * *
(1) * * *
(ii) The Secretary of Homeland
Security or his designee may require
any alien, other than aliens exempted
under paragraph (iv) of this section or
Canadian citizens under section
101(a)(15)(B) of the Act who are not
otherwise required to present a visa or
be issued Form I–94 or Form I–95 for
admission or parole into the United
E:\FR\FM\16JAR1.SGM
16JAR1
2838
Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations
States, to provide fingerprints,
photograph(s) or other specified
biometric identifiers, documentation of
his or her immigration status in the
United States, and such other evidence
as may be requested to determine the
alien’s identity and whether he or she
has properly maintained his or her
status while in the United States and/or
whether he or she is admissible. The
failure of an alien at the time of
inspection to comply with any
requirement to provide biometric
identifiers may result in a determination
that the alien is inadmissible under
section 212(a) of the Immigration and
Nationality Act or any other law.
*
*
*
*
*
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E9–988 Filed 1–15–09 8:45 am]
BILLING CODE 9111–9P–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Part 274a
[CIS No. 2441–08; Docket No. USCIS–2008–
0001]
RIN 1615–AB69
Documents Acceptable for
Employment Eligibility Verification;
Correction
AGENCY: U.S. Citizenship and
Immigration Services, DHS.
ACTION: Interim rule; Correction.
With this amendment, the
Department of Homeland Security
(DHS) corrects two inadvertent errors
that were made in the Employment
Eligibility Verification interim rule
published in the Federal Register on
December 17, 2008, at 73 FR 76505.
DATES: Effective Date: Effective February
2, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephen McHale, Verification Division,
U.S. Citizenship and Immigration
Services, Department of Homeland
Security, 470 L’Enfant Plaza East, SW.,
Suite 8001, Washington, DC 20529,
telephone (888) 464–4218 or e-mail at
Everify@dhs.gov.
SUMMARY:
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with RULES
Need for Correction
On December 17, 2008, U.S.
Citizenship and Immigration Services
(USCIS) published an interim rule at 73
FR 76505 amending its regulations
governing the types of acceptable
identity and employment authorization
documents and receipts that employees
VerDate Nov<24>2008
16:34 Jan 15, 2009
Jkt 217001
may present to their employers for
completion of the Form I–9,
Employment Eligibility Verification.
The rule inadvertently included
extraneous language in two paragraphs
at 8 CFR 274a.2(b)(1)(vi)(B)(1) and (2).
These paragraphs describe a type of
receipt that can be presented by lawful
permanent residents to their employers
in lieu of the Form I–551, Permanent
Resident Card, for completion of the
Form I–9.
As explained in the preamble on page
76507, column 3, in the first sentence
under the paragraph heading, ‘‘Adding
references to Form I–94A,’’ (see also the
last sentence under the paragraph
heading, ‘‘C. Revising References to
Temporary I–551s’’), the only change
the rule was making to 8 CFR
274a.2(b)(1)(vi)(B) was to add references
to the Form I–94A next to each
reference to the Form I–94, ArrivalDeparture Record. In error, the
regulatory text amending 8 CFR
274a.2(b)(1)(vi)(B)(1) at 73 FR 76511
inadvertently included the extraneous
language, ‘‘with an unexpired foreign
passport’’ in the sentence, ‘‘Presents the
arrival portion of Form I–94 or Form I–
94A with an unexpired foreign passport
containing an unexpired ‘Temporary I–
551’ stamp and a photograph of the
individual, which is designated for
purposes of this section as a receipt for
Form I–551;’’.
In addition, the regulatory text
amending 8 CFR 274a.2(b)(1)(vi)(B)(2)
inadvertently included the extraneous
language, ‘‘or statement,’’ in the
sentence, ‘‘Presents the Form I–551 by
the expiration date of the ‘Temporary I–
551’ stamp or, if the stamp or statement
has no expiration date, within one year
from the issuance date of the arrival
portion of the Form I–94 or Form I–
94A;’’. Note that DHS places only
Temporary I–551 ‘‘stamps’’ and not
Temporary I–551 ‘‘statements’’ on
Forms I–94 when issuing temporary
evidence of lawful permanent resident
status using Forms I–94.
This document corrects these two
errors by removing the extraneous
language from the regulatory text.
List of Subjects in 8 CFR Part 274a
Administrative practice and
procedure, Aliens, Employment,
Penalties, Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, FR Doc E8–29874, beginning
on page 76505 in the Federal Register
of Wednesday, December 17, 2008, the
following corrections are made:
■ 1. On page 76511, in the third column,
in § 274a.2, paragraphs (b)(1)(vi)(B)(1)
and (2) are corrected to read as follows:
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Fmt 4700
Sfmt 4700
§ 274a.2 Verification of identity and
employment authorization.
*
*
*
*
*
(b) * * *
(1) * * *
(vi) * * *
(B) * * *
(1) Presents the arrival portion of
Form I–94 or Form I–94A containing an
unexpired ‘‘Temporary I–551’’ stamp
and a photograph of the individual,
which is designated for purposes of this
section as a receipt for Form I–551; and
(2) Presents the Form I–551 by the
expiration date of the ‘‘Temporary I–
551’’ stamp or, if the stamp has no
expiration date, within one year from
the issuance date of the arrival portion
of the Form I–94 or Form I–94A; or
*
*
*
*
*
Dated: January 13, 2009.
Michael Aytes,
Acting Deputy Director, U.S. Citizenship and
Immigration Services.
[FR Doc. E9–909 Filed 1–15–09; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
DEPARTMENT OF THE TREASURY
19 CFR Part 12
[CBP Dec. 09–03]
RIN 1505–AC08
Import Restrictions Imposed on
Certain Archaeological Material from
China
AGENCIES: U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
SUMMARY: This final rule amends the
U.S. Customs and Border Protection
(CBP) regulations to reflect the
imposition of import restrictions on
certain archaeological material from the
People’s Republic of China (China).
These restrictions are being imposed
pursuant to an agreement between the
United States and China that has been
entered into under the authority of the
Convention on Cultural Property
Implementation Act in accordance with
the United Nations Educational,
Scientific and Cultural Organization
(UNESCO) Convention on the Means of
Prohibiting and Preventing the Illicit
Import, Export and Transfer of
Ownership of Cultural Property. The
final rule amends CBP regulations by
adding China to the list of countries for
E:\FR\FM\16JAR1.SGM
16JAR1
]]>Agencies
[Federal Register Volume 74, Number 11 (Friday, January 16, 2009)]
[Rules and Regulations]
[Pages 2837-2838]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-988]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 235
[DHS-2005-0037]
RIN 1601-AA35; RIN 1600-AA00
United States Visitor and Immigrant Status Indicator Technology
Program (``US-VISIT''); Enrollment of Additional Aliens in US-VISIT;
Authority To Collect Biometric Data from Additional Travelers and
Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry
AGENCY: National Protection and Programs Directorate, DHS.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final rule which was
published in the Federal Register on December 19, 2008. 73 FR 77473.
The pertinent regulations relate to the collection of biometric
identifiers during the inspection of aliens at United States ports of
entry.
DATES: Effective on January 18, 2009.
FOR FURTHER INFORMATION, CONTACT: Helen deThomas, Senior Policy
Analyst, US-VISIT, Department of Homeland Security, 1616 Fort Myer
Drive, 18th Floor, Arlington, Virginia 22209, (202) 298-5200.
SUPPLEMENTARY INFORMATION: On December 19, 2008, the Department of
Homeland Security (DHS) published a final rule amending 8 CFR
235.1(f)(1)(ii) to expand the population of aliens subject to US-VISIT
requirements to include, among others, lawful permanent residents. That
final rule becomes effective January 18, 2009. 73 FR 77473.
As discussed in the preamble to the final rule, DHS will require
additional aliens to provide fingerprints ``at the time of inspection''
at the United States border ports of entry, including lawful permanent
residents. 73 FR at 77474-75.
As discussed in the preamble to the final rule,
LPRs are still subject to entry, documentation, and removability
requirements to the United States. LPRs are aliens. See sections
101, 212, 237 of the INA (8 U.S.C. 1101, 1182, 1227) and 8 CFR
235.1(b), (f)(1)(i). Although LPRs are not technically regarded as
seeking admission to the United States if they are returning from a
stay of less than 180 days under section 101(a)(13)(C)(ii) of the
INA (8 U.S.C. 1101(a)(13)(C)(ii)), they remain subject to the
admissibility requirements of section 212 of the INA (8 U.S.C. 1182)
because of their status as an alien and not a United States citizen.
Accordingly, DHS must determine whether an LPR is admissible to the
United States whenever the LPR arrives at a port of entry, as well
as determine whether an LPR is removable from the United States
based on intervening facts since the time LPR status was granted,
and initial background checks conducted, which may have been many
years ago.
73 FR at 77475.
Through technical drafting oversight, DHS did not amend the
regulatory text of section 235.1(f)(1)(ii) in the final rule to remove
references to aliens seeking admission. This correction is intended to
ensure that the regulatory language mirrors the intent of the
preamble--that DHS may require lawful permanent residents to provide
biometrics in order to determine, among other things, that alien's
identity and whether he or she has properly maintained his or her
permanent resident status while in the United States.
Accordingly, in FR Doc. E8-30095, published on December 19, 2008,
make the following correction. On page 77491, in the second column,
revise the regulatory text under instruction 4 to read:
Sec. 235.1 Scope of examination.
* * * * *
(f) * * *
(1) * * *
(ii) The Secretary of Homeland Security or his designee may require
any alien, other than aliens exempted under paragraph (iv) of this
section or Canadian citizens under section 101(a)(15)(B) of the Act who
are not otherwise required to present a visa or be issued Form I-94 or
Form I-95 for admission or parole into the United
[[Page 2838]]
States, to provide fingerprints, photograph(s) or other specified
biometric identifiers, documentation of his or her immigration status
in the United States, and such other evidence as may be requested to
determine the alien's identity and whether he or she has properly
maintained his or her status while in the United States and/or whether
he or she is admissible. The failure of an alien at the time of
inspection to comply with any requirement to provide biometric
identifiers may result in a determination that the alien is
inadmissible under section 212(a) of the Immigration and Nationality
Act or any other law.
* * * * *
Paul A. Schneider,
Deputy Secretary.
[FR Doc. E9-988 Filed 1-15-09 8:45 am]
BILLING CODE 9111-9P-P
