Nonimmigrant Classes, 76353 [2012-31272]

Download as PDF srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 77, No. 249 / Friday, December 28, 2012 / Rules and Regulations (b) Inadmissible alien. An applicant who is not admissible to the United States as described in 8 CFR 209.2(a)(1)(v), may, under section 209(c) of the Act, have the grounds of inadmissibility waived by USCIS except for those grounds under sections 212(a)(2)(C) and 212(a)(3)(A), (B), (C), or (E) of the Act for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest. An application for the waiver may be requested with the application for adjustment, in accordance with the form instructions. An applicant for adjustment under this part who has had the status of an exchange alien nonimmigrant under section 101(a)(15)(J) of the Act, and who is subject to the foreign resident requirement of section 212(e) of the Act, shall be eligible for adjustment without regard to the foreign residence requirement if otherwise eligible for adjustment. (c) Application. An application for the benefits of section 209(b) of the Act may be filed in accordance with the form instructions. If an alien has been placed in removal, deportation, or exclusion proceedings, the application can be filed and considered only in proceedings under section 240 of the Act. (d) Medical examination. For an alien seeking adjustment of status under section 209(b) of the Act, the alien shall submit a medical examination to determine whether any grounds of inadmissibility described under section 212(a)(1)(A) of the Act apply. The asylee is also required to establish compliance with the vaccination requirements described under section 212(a)(1)(A)(ii) of the Act. (e) Interview. USCIS will determine, on a case-by-case basis, whether an interview by an immigration officer is necessary to determine the applicant’s admissibility for permanent resident status under this part. (f) Decision. USCIS will notify the applicant in writing of the decision on his or her application. There is no appeal of a denial, but USCIS will notify an applicant of the right to renew the request in removal proceedings under section 240 of the Act. If the application is approved, USCIS will record the alien’s admission for lawful permanent residence as of the date one year before the date of the approval of the application, but not earlier than the date of the approval for asylum in the case of an applicant approved under paragraph (a)(2) of this section. [FR Doc. 2012–31271 Filed 12–27–12; 8:45 am] BILLING CODE 1505–01–D VerDate Mar<15>2010 18:32 Dec 27, 2012 Jkt 229001 76353 DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 214 change(s) to the director who approved the petition. * * * * * * * * [FR Doc. 2012–31272 Filed 12–27–12; 8:45 am] Nonimmigrant Classes BILLING CODE 1505–01–D CFR Correction In Title 8 of the Code of Federal Regulations, revised as of January 1, 2012, in § 214.2, make the following corrections: a. On page 289, reinstate paragraph (h)(2)(v); b. On page 310, following paragraph (h)(9)(i)(B), reinstate paragraphs (h)(9)(ii)(A) and (B); and c. On page 311, revise the third sentence of paragraph (h)(11)(i)(A). § 214.2 Special requirements for admission, extension, and maintenance of status. * * * * * (h) * * * (2) * * * (v) H–2A Petitions. Special criteria for admission, extension, and maintenance of status apply to H–2A petitions and are specified in paragraph (h)(5) of this section. The other provisions of § 214.2(h) apply to H–2A only to the extent that they do not conflict with the special agricultural provisions in paragraph (h)(5) of this section. * * * * * (9) * * * * * * * * (ii) Recording the validity of petitions. Procedures for recording the validity period of petitions are: (A) If a new H petition is approved before the date the petitioner indicates that the services or training will begin, the approved petition and approval notice shall show the actual dates requested by the petitoner as the validity period, not to exceed the limits specified by paragraph (h)(9)(iii) of this section or other Service policy. (B) If a new H petition is approved after the date the petitioner indicates that the services or training will begin, the aproved petition and approval notice shall show a validity period commencing with the date of approval and ending with the date requested by the petitioner, as long as that date does not exceed either the limits specified by paragraph (h)(9)(iii) of this section or other Service policy. * * * * * (11) * * * (i) * * * (A) * * * If the petitioner no longer employs the beneficiary, the petitioner shall send a letter explaining the PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1074 [Docket No. CFPB–2012–0051] Procedure Relating to Rulemaking Bureau of Consumer Financial Protection. ACTION: Final rule. AGENCY: SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is adopting a procedural rule (Final Rule) that specifies how the Bureau issues rules and when rules are considered issued. The Final Rule is effective on December 28, 2012. FOR FURTHER INFORMATION CONTACT: Lea Mosena and Martha Fulford, Attorneys, Legal Division, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at (202) 435– 7152. DATES: SUPPLEMENTARY INFORMATION: I. Background and Summary The Final Rule specifies how the Bureau issues rules and when rules are considered issued. In the future, the Bureau may issue further rules on procedures for rulemaking. Part 1074.1 establishes that the Bureau’s rules are deemed issued upon the earlier of: (1) When the final rule is posted on the Bureau’s Web site, or (2) when the final rule is published in the Federal Register. The Bureau’s Web site is www.consumerfinance.gov. The Dodd-Frank Wall Street Reform and Consumer Protection Act (DoddFrank Act) 1 and other statutes authorize the Bureau to issue rules. Ordinarily, a rule may be considered issued at least when the rulemaking document containing the final rule has been placed on public inspection by the Office of the Federal Register or published in the Federal Register. However, an agency may treat other events as constituting the issuance of a rule.2 The key prerequisite for issuing a 1 Public Law 111–203. Nat’l Grain & Feed Ass’n v. OSHA, 845 F.2d 345, 346 (D.C. Cir. 1988); United Techs. Corp. v. OSHA, 836 F.2d 52, 53 (2d Cir. 1987); Indus. Union Dep’t, AFL–CIO v. Bingham, 570 F.2d 965, 970 (D.C. Cir. 1977) (Leventhal, J., concurring). 2 See E:\FR\FM\28DER1.SGM 28DER1

Agencies

DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Rules and Regulations]
[Page 76353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31272]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214


Nonimmigrant Classes

CFR Correction

    In Title 8 of the Code of Federal Regulations, revised as of 
January 1, 2012, in Sec.  214.2, make the following corrections:
    a. On page 289, reinstate paragraph (h)(2)(v);
    b. On page 310, following paragraph (h)(9)(i)(B), reinstate 
paragraphs (h)(9)(ii)(A) and (B); and
    c. On page 311, revise the third sentence of paragraph 
(h)(11)(i)(A).


Sec.  214.2  Special requirements for admission, extension, and 
maintenance of status.

* * * * *
    (h) * * *
    (2) * * *
    (v) H-2A Petitions. Special criteria for admission, extension, and 
maintenance of status apply to H-2A petitions and are specified in 
paragraph (h)(5) of this section. The other provisions of Sec.  
214.2(h) apply to H-2A only to the extent that they do not conflict 
with the special agricultural provisions in paragraph (h)(5) of this 
section.
* * * * *
    (9) * * *
* * * * *
    (ii) Recording the validity of petitions. Procedures for recording 
the validity period of petitions are:
    (A) If a new H petition is approved before the date the petitioner 
indicates that the services or training will begin, the approved 
petition and approval notice shall show the actual dates requested by 
the petitoner as the validity period, not to exceed the limits 
specified by paragraph (h)(9)(iii) of this section or other Service 
policy.
    (B) If a new H petition is approved after the date the petitioner 
indicates that the services or training will begin, the aproved 
petition and approval notice shall show a validity period commencing 
with the date of approval and ending with the date requested by the 
petitioner, as long as that date does not exceed either the limits 
specified by paragraph (h)(9)(iii) of this section or other Service 
policy.
* * * * *
    (11) * * *
    (i) * * *
    (A) * * * If the petitioner no longer employs the beneficiary, the 
petitioner shall send a letter explaining the change(s) to the director 
who approved the petition. * * *
* * * * *
[FR Doc. 2012-31272 Filed 12-27-12; 8:45 am]
BILLING CODE 1505-01-D

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