Inadmissibility on Public Charge Grounds; Implementation of Vacatur, 14221-14229 [2021-05357]
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14221
Rules and Regulations
Federal Register
Vol. 86, No. 48
Monday, March 15, 2021
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.
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103, 106, 212, 213, 214,
245, and 248
RIN 1615–AA22
Inadmissibility on Public Charge
Grounds; Implementation of Vacatur
U.S. Citizenship and
Immigration Services, DHS.
ACTION: Final rule.
AGENCY:
This final rule removes the
regulations resulting from a final rule
issued in August 2019, which has since
been vacated by a Federal district court.
DATES: This rule is effective on March 9,
2021, as a result of the district court’s
vacatur.
FOR FURTHER INFORMATION CONTACT:
Mark Phillips, Residence and
Naturalization Division Chief, Office of
Policy and Strategy, U.S. Citizenship
and Immigration Services, Department
of Homeland Security, 5900 Capital
Gateway Drive, Camp Springs, MD
20746; telephone 240–721–3000.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background and Basis for Removal of
Regulations
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In August 2019, the U.S. Department
of Homeland Security (DHS) issued a
final rule titled, Inadmissibility on
Public Charge Grounds.1 The rule was
preliminarily enjoined by courts in the
Southern District of New York, District
of Maryland, Northern District of
California, Eastern District of
Washington, and Northern District of
Illinois.2 Following a series of stays of
1 See 84 FR 41292 (Aug. 14, 2019); see also 84 FR
52357 (Oct. 2, 2019) (making corrections).
2 See City and Cnty. of San Francisco v. USCIS,
408 F. Supp. 3d 1057 (N.D. Cal. 2019); Cook
County, Ill. v. McAleenan, 417 F. Supp. 3d 1008
(N.D. Ill. 2019); Casa de Md. v. Trump, 414 F. Supp.
3d 760 (D. Md. 2019) Make the Road New York v.
Cuccinelli, 419 F. Supp. 3d 647 (S.D.N.Y. 2019);
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the preliminary injunctions,3 DHS
began applying the rule on February 24,
2020. Since that time, preliminary
injunctions against the rule have been
affirmed by the Second, Seventh, and
Ninth Circuit Courts of Appeals.4 On
November 2, 2020, the U.S. District
Court for the Northern District of Illinois
issued a Rule 54(b) judgment vacating
the rule on the merits.5 On November 3,
2020, the Seventh Circuit granted an
administrative stay of the district court’s
judgment and, on November 19, 2020,
the Seventh Circuit granted a stay
pending appeal. On March 9, 2021, DHS
moved to dismiss its appeal before the
Seventh Circuit, and the Seventh Circuit
dismissed the appeal and the Rule 54(b)
judgment went into effect. DHS is now
implementing the judgment, i.e., the
vacatur of the August 2019 rule.
This rule removes from the Code of
Federal Regulations (CFR) the
regulatory text that DHS promulgated in
the August 2019 rule and restores the
regulatory text to appear as it did prior
to the issuance of the August 2019 rule.6
Wash. v. DHS, 408 F. Supp. 3d 1191 (E.D. Wash.
2019).
3 See Wolf v. Cook County, 140 S. Ct. 681 (2020)
(staying preliminary injunction from the Northern
District of Illinois); DHS v. New York, 140 S. Ct. 599
(2020) (staying preliminary injunctions from the
Southern District of New York); City and Cnty. of
San Francisco v. USCIS, 944 F.3d 773 (9th Cir.
2019) (staying preliminary injunctions from the
Eastern District of Washington and Northern
District of California); CASA de Md. v. Trump, No.
19–2222 (4th Cir. Dec. 9, 2019) (staying preliminary
injunction from the District of Maryland).
4 See New York v. DHS, 969 F.3d 42 (2d Cir.
2020); Cook County, Ill. v. Wolf, 962 F.3d 208 (7th
Cir. 2020); City and Cnty. of San Francisco v.
USCIS, 981 F.3d 742 (9th Cir. 2020); see also Casa
de Md. v. Trump, 981 F.3d 311 (4th Cir. 2020)
(granting en banc review and vacating a panel
opinion that had reversed a preliminary injunction).
In July 2020, the Southern District of New York
issued a second preliminary injunction against the
rule for reasons related to the COVID–19 pandemic,
which the Second Circuit later stayed. See New
York v. DHS, 475 F. Supp. 3d 208 (S.D.N.Y. 2020),
injunction stayed, 974 F.3d 210 (2d Cir. 2020).
5 See Cook County, Ill. v. Wolf, No. 19–C–6334,
2020 WL 6393005 (N.D. Ill. Nov. 2, 2020).
6 DHS notes that it has maintained changes that
DHS made to the same regulations via other
rulemakings that post-dated the August 2019 rule.
For instance, on July 31, 2020, DHS published a
rule revising the section heading for 8 CFR 103.6
to read, ‘‘Immigration Bonds.’’ See 85 FR 45968,
45989 (July 31, 2020). DHS has maintained that
section heading here, because it was made by a rule
that has not been vacated. Similarly, on May 14,
2020, DHS published an interim final rule that
revised the authority citation for 8 CFR part 212.
See 85 FR 29264, 29311 (May 14, 2020). DHS has
maintained that authority citation here.
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This rule also removes regulatory text
that DHS initially promulgated in 8 CFR
part 103 as part of the August 2019 rule,
but later moved to 8 CFR part 106 in the
August 2020 final rule entitled U.S.
Citizenship and Immigration Services
Fee Schedule and Changes to Certain
Other Immigration Benefit Request
Requirements (2020 USCIS fee rule).7
Although the regulatory text was moved
as part of the 2020 USCIS fee rule, the
content of the regulatory text was first
issued in the August 2019 rule that has
now been vacated.
Because this rule simply implements
the district court’s vacatur of the August
2019 rule, as a consequence of which
the August 2019 rule no longer has any
legal effect, DHS is not required to
provide notice and comment or delay
the effective date of this rule. Moreover,
good cause exists here for bypassing any
otherwise applicable requirements of
notice and comment and a delayed
effective date. Notice and comment and
a delayed effective date are unnecessary
for implementation of the court’s order
vacating the rule and would be
impracticable and contrary to the public
interest in light of the agency’s
immediate need to implement the noweffective final judgment. See 5 U.S.C.
553(b)(B), (d). DHS has concluded that
each of those three reasons—that notice
and comment and a delayed effective
date are unnecessary, impracticable, and
contrary to the public interest—
independently provides good cause to
bypass any otherwise applicable
requirements of notice and comment
and a delayed effective date.
II. Paperwork Reduction Act
Under the Paperwork Reduction Act
of 1995 (‘‘PRA’’), DHS is required to
submit to the Office of Management and
Budget (OMB), for review and approval,
collections of information and changes
to collections of information.8 Table 1
below lists all collections of information
impacted by the vacatur.
7 See 85 FR 46788 (Aug. 3, 2020). The 2020
USCIS fee rule is currently the subject of two
preliminary injunctions. See Immigr. Leg. Res. Ctr.
v. Wolf, No. 20–cv–05883–JSW, 2020 WL 5798269
(N.D. Cal. Sept. 29, 2020); Nw. Immigr. Rights Proj.
v. USCIS, No. 19–3283, 2020 WL 5995206 (Oct. 8,
2020).
8 See Public Law 104–13, 109 Stat. 163 (May 22,
1995) codified at 44 U.S.C. 3501 et seq.
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TABLE 1—SUMMARY OF FORMS
Form
Form name
Change
General purpose of form
General categories filing
Nexus to August 2019 rule
I–944 ..........
Declaration of
Self-Sufficiency.
Discontinue ..........
This form was used to demonstrate that an alien is
not likely to become a
public charge.
Applicants for adjustment of status
who are subject to the public
charge ground of inadmissibility.
I–356 ..........
Request for Cancellation of a
Public Charge
Bond.
Discontinue ..........
This form was used to request cancellation of the
bond that was submitted
on Form I–945, Public
Charge Bond, on behalf
of an alien.
I–945 ..........
Public Charge
Bond.
Discontinue ..........
This form was the public
charge bond contract between USCIS and the obligor.
An obligor who posted Form I–945
on the alien’s behalf or an alien
who posted Form I–945 on his or
her own behalf, and who sought to
cancel Form I–945 because the
alien had permanently departed
the United States, naturalized, or
died; the obligor or the alien
sought cancellation of the bond following the alien’s fifth anniversary
of admission to the United States
as a lawful permanent resident; or
the alien, following the initial grant
of lawful permanent resident status, obtains an immigration status
that was exempt from the public
charge ground of inadmissibility.
For applicants for adjustment of status inadmissible only based on the
public charge ground and who
were permitted to post a public
charge bond. The form was completed by the obligor, who posted
the bond on the alien’s behalf (or
by an alien who posted the bond
on his or her own behalf).
This form was the primary basis for
determining whether an applicant
is inadmissible on the public
charge
ground
(8
U.S.C.
1182(a)(4), as it asked questions
about the factors considered in a
public charge inadmissibility determination under the August 2019
rule. Because of the vacatur and
removal of the August 2019 rule,
USCIS will no longer use this information collection.
This form was used to seek cancellation of the Form I–945, Public
Charge Bond. Because of the
vacatur and removal of the August
2019 rule USCIS will no longer use
this information collection.
I–485 ..........
Application to
Register Permanent Residence
or Adjust Status.
Update—removes
questions and
instructions that
clarified what
categories need
to file Form I–
944.
I–864 ..........
Affidavit of Support Under Section 213A of the
INA.
Update—reference
to Form I–
864W, which is
being reinstated.
I–864EZ .....
Affidavit of Support Under Section 213A of the
Act.
Update—reference
to Form I–
864W, which is
being reinstated.
This form is used by aliens
For aliens applying for adjustment of
present in the United
status, including: Immediate relStates to obtain lawful
atives (spouses, children, and parpermanent resident status.
ents of U.S. citizens) Family-based
immigrants (principal beneficiaries
and their dependents) Employment-based immigrants (principal
beneficiaries and their dependents)
Those who entered as K nonimmigrants (Fiance(e)s or certain
spouses of U.S. citizens, and their
children) who are seeking lawful
permanent resident status based
on the primary beneficiary’s marriage to the U.S. citizen petitioner.
Statement/contract provided Most family-based immigrants and
by a sponsor to show that
some employment-based immithe sponsor has adegrants must have a sponsor submit
quate financial resources
this form.
to support the alien.
Statement/contract provided The sponsor is the person who filed
by sponsor to show that
or is filing Form I–130, Petition for
the sponsor has adeAlien Relative, for a relative being
quate financial resources
sponsored; the relative the sponsor
to support the alien. This
is sponsoring is the only person
is a simpler version of
listed on Form I–130; and the inForm I–864.
come the sponsor is using to qualify is based entirely on the sponsor’s salary or pension and is
shown on one or more Internal
Revenue Service (IRS) Form W–2s
provided by the sponsor’s employers or former employers.
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If an alien seeking adjustment of status had been found inadmissible
under the public charge ground, he
or she may have been admitted to
the United States upon the posting
of a suitable and proper bond at
the discretion of DHS. Because of
the vacatur and removal of the August 2019 rule USCIS will no
longer use this information collection.
Adjustment of status applicants generally must be admissible to the
United States, and must demonstrate that they are not inadmissible under any of the grounds in
section 212(a), including public
charge. However, because of the
vacatur and removal of the 2019
rule, and the discontinuation of
Form I–944 USCIS will no use
these elements of the information
collection.
Since the Form I–864W is being reinstated, USCIS will include references to that form on the Form
I–864.
Since the Form I–864W is being reinstated, USCIS needs to include
references to that form on the
Form I–864EZ.
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TABLE 1—SUMMARY OF FORMS—Continued
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Form
Form name
Change
General purpose of form
General categories filing
Nexus to August 2019 rule
Aliens who have earned 40 quarters
of SSA coverage. Children who will
become U.S. citizens upon entry or
adjustment into the United States
under INA 320. Self-Petitioning
Widow(er) Form I–360, Petition for
Amerasian, Widow(er) or Special
Immigrant; Self-Petitioning bettered
spouse or child.
• E–2 CNMI—treaty investor exclusively in the Commonwealth of the
Northern Mariana Islands (CNMI).
• H–1B—specialty occupation worker; an alien coming to perform
services of an exceptional nature
that relate to a U.S. Department of
Defense-administered project; or a
fashion model of distinguished
merit and ability.
• H–2A—temporary
agricultural
worker.
• H–2B—temporary nonagricultural
worker.
• H–3—trainee ..................................
• L–1—intracompany transferee .......
• O–1—alien of extraordinary ability
in arts, science, education, business, or athletics.
• O–2—accompanying alien who is
coming to the United States to assist in the artistic or athletic performance of an O–1 artist or athlete.
• P–1—major league sports ..............
• P–1—internationally
recognized
athlete/entertainment group.
• P–1S—essential support personnel
for a P–1.
• P–2—artist/entertainer in reciprocal
exchange program.
• P–2S—essential support personnel
for a P–2.
• P–3—artist/entertainer coming to
the United States to perform,
teach, or coach under a program
that is culturally unique.
• P–3S—essential support personnel
for a P–3.
• Q–1—alien coming temporarily to
participate in an international cultural exchange program. Extension
of Status.
• E–1—treaty trader ..........................
• E–2—treaty investor (not including
E–2 CNMI treaty investors.).
• E–3—Free Trade Agreement professionals from Australia. Free
Trade Nonimmigrants—.
• H–1B1 specialty occupation workers from Chile or Singapore and
TN professionals from Canada or
Mexico.
• R–1—religious worker ....................
This form is used by an employer to
request an extension of stay or
change of status for an alien in the
Commonwealth of the Northern
Mariana Islands (CNMI) temporarily to perform services or labor
as a CW–1, CNMI-Only Transitional Worker.
Because of the vacatur and removal
of the 2019 rule and the rollback of
the associated changes to Form I–
485, Form I–864W is being reinstated.
I–864W .......
Request for Exemption for Intending Immigrant’s Affidavit
of Support.
Reinstate ..............
Certain classes of immigrants are exempt from
the Form I–864 requirement and therefore must
file Form I–864W instead.
I–129 ..........
Petition for Nonimmigrant Worker.
Update—removes
questions and
instructions
about receipt of
public benefits.
This form is issued by an
employer to petition
USCIS for an alien beneficiary to come temporarily to the United States
as a nonimmigrant to perform services or labor, or
to receive training. This
form is also used by employers to apply for extension of stay and change
of status on behalf of
nonimmigrants.
I–129CW ....
Petition for a
CNMI-Only Nonimmigrant Transitional Worker.
Update—removes
questions and
instructions
about receipt of
public benefits.
This form is used by an employer to request an extension of stay or change
of status for a temporary
worker in the Commonwealth of the Northern
Mariana Islands (CNMI).
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Because of the vacatur and removal
of the 2019 rule, USCIS is removing the public benefit condition information collection elements from
Form I–129. As a condition of
granting extension of stay and
change of status, the applicant no
longer must show that he or she
has not received, since obtaining
the nonimmigrant status he or she
is seeking to extend or change
public benefits, as defined in
former 8 CFR 212.21(b), for more
than 12 months in the aggregate,
within a 36-month period.
Because of the vacatur and removal
of the 2019 rule, USCIS is removing the public benefit condition information collection elements from
Form I–129CW. As a condition of
granting extension of stay and
change of status, the applicant no
longer must show that he or she
has not received, since obtaining
the nonimmigrant status he or she
is seeking to extend or change
public benefits, as defined in
former 8 CFR 212.21(b), for more
than 12 months in the aggregate
within a 36-month period.
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TABLE 1—SUMMARY OF FORMS—Continued
Change
General purpose of form
General categories filing
Nexus to August 2019 rule
I–539 ..........
Form
Application to Extend/Change
Nonimmigrant
Status.
Form name
Update—removes
questions and
instructions
about receipt of
public benefits
for principal
aliens.
This form is used by certain
nonimmigrants (principal
filers) to apply for an extension of stay or change
of status. In certain circumstances, this form
may be used as an initial
nonimmigrant status, or
reinstatement of F–1 or
M–1 status (students).
CNMI residents applying for an initial
grant of status; Student (F) and vocational students (M) applying for
reinstatement; and Persons seeking V nonimmigrant status or an
extension of stay as a V nonimmigrant (spouse or child of a
lawful permanent resident who filed
a petition on or before December
21, 2000).
I–539A ........
..............................
Update—removes
questions and
instructions
about receipt of
public benefits
by co-applicants
of I–539 applicants.
This form is used by certain
nonimmigrants (co-applicants of the primary I–
539 applicants) to apply
for an extension of stay
or change of status.
Co-Applicants of I–539 principal filers
I–912 ..........
Request for Fee
Waiver.
Update—removes
a notice that a
request for a fee
waiver may be a
factor in the
public charge
determination.
This form may be filed with
certain USCIS benefit requests in order to request
a fee waiver.
Certain Form I–485 applicants, generally those who are not subject to
the public charge ground of inadmissibility and those applying
under certain humanitarian programs, may request a fee waiver
on Form I–912. Applicants for E–2
CNMI investor nonimmigrant status
under 8 CFR 214.2(e)(23) filing
Form I–129 or Form I–539 may request a fee waiver.
Because of the vacatur and removal
of the 2019 rule, USCIS is removing the public benefit condition information collection elements from
Form I–539. As a condition of
granting extension of stay and
change of status, the applicant no
longer must show that he or she
has not received since obtaining
the nonimmigrant status he or she
is seeking to extend or from which
he or she is seeking to change
public benefits, as defined in
former 8 CFR 212.21(b), for more
than 12 months in the aggregate
within a 36-month period
Because of the vacatur and removal
of the 2019 rule, USCIS is removing the public benefit condition information collection elements from
Form I–539. As a condition of
granting extension of stay and
change of status, the co-applicant
no longer must show that he or
she has not received, since obtaining the nonimmigrant status he or
she is seeking to extend or from
which he or she is seeking to
change, public benefits, as defined
in former 8 CFR 212.21(b), for
more than 12 months in the aggregate within a 36-month period.
Because of the vacatur and removal
of the 2019 rule, USCIS is removing the notice from the Form I–912
instructions because a request of a
fee waiver is no longer a factor in
the determination of public charge
inadmissibility.
To conform with the requirements set
forth by the PRA, USCIS requested and
received emergency approval from OMB
to take the following actions on certain
collections on information as required
by the vacatur of the August 2019 rule.
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USCIS Form I–944
(1) Type of Information Collection
Request: Discontinuation of a currently
approved form.
(2) Title of the Form/Collection:
Declaration of Self-Sufficiency.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–944;
USCIS.
(4) Affected public who were asked or
required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form I–944 would have
been used by an individual to
demonstrate that he or she is not
inadmissible based on the public charge
ground.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
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respond: With the discontinuation of
this information collection, there will be
no respondents or hour burden per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There will be no public hour
burden.
(7) An estimate of the total public
burden (in cost) associated with the
collection: There will be no public cost
burden.
USCIS Form I–356
(1) Type of Information Collection
Request: Discontinuation of a currently
approved form.
(2) Title of the Form/Collection:
Request for Cancellation of Public
Charge Bond.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–356;
USCIS.
(4) Affected public who were asked or
required to respond, as well as a brief
abstract: Primary: Individuals or
household, business or other for profits.
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Respondents would have use this form
to request cancellation of the public
charge bond that was submitted on
Form I–945 on behalf of someone who
is not a citizen of the United States.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: With the discontinuation of
this information collection, there will be
no respondents or hour burden per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There will be no public hour
burden.
(7) An estimate of the total public
burden (in cost) associated with the
collection: There will be no public cost
burden.
USCIS Form I–945
(1) Type of Information Collection
Request: Discontinuation of a currently
approved form.
(2) Title of the Form/Collection:
Public Charge Bond.
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(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–945;
USCIS.
(4) Affected public were asked or
required to respond, as well as a brief
abstract: Primary: Individuals or
households, business or other for profit.
This public charge bond would have
been posted as security for performance
and fulfillment of the financial
obligations of a bonded individual, who
is not a U.S. citizen, to the U.S.
Government.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: With the discontinuation of
this information collection, there will be
no respondents or hour burden per
response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There will be no public hour
burden.
(7) An estimate of the total public
burden (in cost) associated with the
collection: There will be no public cost
burden.
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USCIS Form I–485
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Application to Register Permanent
Residence or Adjust Status.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–485;
Supplement A; and Supplement J;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. The information collected
is used to determine eligibility to adjust
status.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–485 is 578,708 and the
estimated hour burden per response is
6.254 hours. The estimated total number
of respondents for the information
collection Supplement A is 29,213 and
the estimated hour burden per response
is 1.25 hours. The estimated total
number of respondents for the
information collection Supplement J is
37,358 and the estimated hour burden
per response is one hour. The estimated
total number of respondents for the
information collection of Biometrics is
578,708 and the estimated hour burden
per response is 1.17 hours.
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(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 4,370,202 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is
$198,496,844.
USCIS Forms I–864; I–864A; I–864EZ; I–
864W
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Affidavit of Support Under Section
213A of the INA; Contract Between
Sponsor and Household Member;
Affidavit of Support under Section 213
of the Act.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–864;
Form I–864A; Form I–864EZ; and I–
864W USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. Form I–864. USCIS uses the
data collected on Form I–864 to
determine whether the sponsor has the
ability to support the sponsored alien
under section 213A of the Immigration
and Nationality Act. This form
standardizes evaluation of a sponsor’s
ability to support the sponsored alien
and ensures that basic information
required to assess eligibility is provided
by petitioners. Form I–864A. Form I–
864A is a contract between the sponsor
and the sponsor’s household members.
It is only required if the sponsor used
income of his or her household
member(s) to reach the required 125
percent of the Federal poverty
guidelines. The contract holds these
household members jointly and
severally liable for the support of the
sponsored immigrant. The information
collection required on Form I–864A is
necessary for public benefit agencies to
enforce the Affidavit of Support in the
event the sponsor used income of his or
her household members to reach the
required income level and the public
benefit agencies are requesting
reimbursement from the sponsor. Form
I–864EZ. USCIS uses Form I–864EZ in
exactly the same way as Form I–864;
however, USCIS collects less
information from the sponsors as less
information is needed from those who
qualify in order to make a thorough
adjudication. Form I–864W. USCIS uses
Form I–864W to determine whether the
intending immigrant meets the criteria
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for exemption from INA section 213A
requirements. This form collects the
immigrant’s basic information, such as
name and address, the reason for the
exemption, and accompanying
documentation in support of the
immigrant’s claim that they are not
subject to INA section 213A.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–864 is 453,345 and the
estimated hour burden per response is
6 hours. The estimated total number of
respondents for the information
collection I–864A is 215,800 and the
estimated hour burden per response is
1.75 hours. The estimated total number
of respondents for the information
collection I–864EZ is 100,000 and the
estimated hour burden per response is
2.5 hours. The estimated total number of
respondents for the information
collection I–864W is 98,119 and the
estimated hour burden per response is
1 hour.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 3,445,839 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is
$159,608,680.
USCIS Form I–129
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Petition for Nonimmigrant Worker.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–129;
USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other forprofit. USCIS uses the data collected on
this form to determine eligibility for the
requested nonimmigrant petition and/or
requests to extend or change
nonimmigrant status. An employer (or
agent, where applicable) uses this form
to petition USCIS for an alien to
temporarily enter as a nonimmigrant.
An employer (or agent, where
applicable) also uses this form to
request an extension of stay or change
of status on behalf of the alien worker.
The form serves the purpose of
standardizing requests for
nonimmigrant workers and ensuring
that basic information required for
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assessing eligibility is provided by the
petitioner while requesting that
beneficiaries be classified under certain
nonimmigrant employment categories. It
also assists USCIS in compiling
information required by Congress
annually to assess effectiveness and
utilization of certain nonimmigrant
classifications.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–129 is 294,751 and the
estimated hour burden per response is
2.34 hours. The estimated total number
of respondents for the information
collection I–129, E–1/E–2 Classification
Supplement is 4,760 and the estimated
hour burden per response is 0.67 hours.
The estimated total number of
respondents for the information
collection I–129, Trade Agreement
Supplement is 3,057 and the estimated
hour burden per response is 0.67 hours.
The estimated total number of
respondents for the information
collection I–129, H Classification
Supplement is 96,291 and the estimated
hour burden per response is two hours.
The estimated total number of
respondents for the information
collection I–129, H–1B and H–1B1 Data
Collection and Filing Fee Exemption
Supplement is 96,291 and the estimated
hour burden per response is one hour.
The estimated total number of
respondents for the information
collection I–129, L Classification
Supplement is 37,831 and the estimated
hour burden per response is 1.34 hours.
The estimated total number of
respondents for the information
collection I–129, O and P Classifications
Supplement is 22,710 and the estimated
hour burden per response is one hour.
The estimated total number of
respondents for the information
collection I–129, Q–1 Classification
Supplement is 155 and the estimated
hour burden per response is 0.34 hours.
The estimated total number of
respondents for the information
collection I–129, R–1 Classification is
6,635 and the estimated hour burden
per response is 2.34 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 1,072,810 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $70,681,290.
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USCIS Form I–129CW
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Petition for a CNMI-Only Nonimmigrant
Transitional Worker.
(3) Agency form number, if any, and
the applicable component of the DHS
sponsoring the collection: Form I–
129CW; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Business or other for
profit. USCIS uses the data collected on
this form to determine eligibility for the
requested immigration benefits. An
employer uses this form to petition
USCIS for an alien to temporarily enter
as a nonimmigrant into the CNMI to
perform services or labor as a CNMIOnly Transitional Worker (CW–1). An
employer also uses this form to request
an extension of stay or change of status
on behalf of the alien worker. The form
serves the purpose of standardizing
requests for these benefits and ensuring
that the basic information required to
determine eligibility, is provided by the
petitioners. USCIS collects biometrics
from aliens present in the CNMI at the
time of requesting initial grant of CW–
1 status. The information is used to
verify the alien’s identity, background
information and ultimately adjudicate
their request for CW–1 status.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection I–129CW is 5,975 and the
estimated hour burden per response is
3.5 hours. The estimated total number of
respondents for the information
collection I–129CW is 5,975 and the
estimated hour burden per response is
2.5 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 35,850 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $3,809,063.
sponsoring the collection: Form I–539
and I–539A; USCIS.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: Individuals or
households. This form will be used for
nonimmigrants to apply for an
extension of stay, for a change to
another nonimmigrant classification, or
for obtaining V nonimmigrant
classification.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: The estimated total number of
respondents for the information
collection Form I–539 (paper filing) is
174,289 and the estimated hour burden
per response is 2 hours. The estimated
total number of respondents for the
information collection Form I–539 (efiling) is 74,696 and the estimated hour
burden per response is 1.08 hours. The
estimated total number of respondents
for the information collection I–539A is
54,375 and the estimated hour burden
per response is 0.5 hour. The estimated
total number of respondents for the
information collection of Biometrics is
373,477 and the estimated hour burden
per response is 1.17 hours.
(6) An estimate of the total public
burden (in hours) associated with the
collection: The total estimated annual
hour burden associated with this
collection is 893,630 hours.
(7) An estimate of the total public
burden (in cost) associated with the
collection: The estimated total annual
cost burden associated with this
collection of information is $56,121,219.
USCIS Form I–912
Implementation of the vacatur will
result in non-substantive edits to USCIS
Form I–912, Request for Fee Waiver.
These edits will remove the language
that stated that the submission of a fee
waiver request and approval of a fee
waiver could negatively impact
eligibility for an immigration benefit
that is subject to the public charge
inadmissibility determination.
Accordingly, USCIS has submitted a
PRA Change Worksheet, Form OMB 83–
C, and amended information collection
instrument to OMB for review and
approval in accordance with the PRA.
USCIS Form I–539 and Form I–539A
List of Subjects
(1) Type of Information Collection
Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection:
Application to Extend/Change
Nonimmigrant Status.
(3) Agency form number, if any, and
the applicable component of the DHS
8 CFR 103
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Administrative practice and
procedure, Authority delegations
(Government agencies), Freedom of
information, Immigration, Privacy,
Reporting and recordkeeping
requirements, Surety bonds.
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8 CFR Part 106
Fees, Immigration.
8 CFR Part 212
Administrative practice and
procedure, Aliens, Immigration,
Passports and visas, Reporting and
recordkeeping requirements.
8 CFR Part 213
Immigration, Surety bonds.
8 CFR Part 214
Administrative practice and
procedure, Aliens, Cultural exchange
programs, Employment, Foreign
officials, Health professions, Reporting
and recordkeeping requirements,
Students.
8 CFR Part 245
Aliens, Immigration, Reporting and
recordkeeping requirements.
8 CFR Part 248
Aliens, Reporting and recordkeeping
requirements.
Accordingly, DHS amends chapter I of
title 8 of the Code of Federal
Regulations as follows:
PART 103—IMMIGRATION BENEFITS;
BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
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, 1365b; 31 U.S.C.
9701; Pub. L. 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; Pub. L. 112–54; 125 Stat. 550; 31 CFR part
223.
2. Section 103.6 is amended by:
a. Revising paragraphs (a)(1), (a)(2)(i),
and (c)(1);
■ b. Removing paragraph (d)(3); and
■ c. Revising paragraph (e).
The revisions read as follows:
■
■
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§ 103.6
Immigration bonds.
(a) * * *
(1) Extension agreements; consent of
surety; collateral security. All surety
bonds posted in immigration cases shall
be executed on Form I–352, Immigration
Bond, a copy of which, and any rider
attached thereto, shall be furnished the
obligor. A district director is authorized
to approve a bond, a formal agreement
to extension of liability of surety, a
request for delivery of collateral security
to a duly appointed and undischarged
administrator or executor of the estate of
a deceased depositor, and a power of
attorney executed on Form I–312,
Designation of Attorney in Fact. All
other matters relating to bonds,
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including a power of attorney not
executed on Form I–312 and a request
for delivery of collateral security to
other than the depositor or his or her
approved attorney in fact, shall be
forwarded to the regional director for
approval.
(2) * * *
(i) General. Bond riders shall be
prepared on Form I–351, Bond Riders,
and attached to Form I–352. If a
condition to be included in a bond is
not on Form I–351, a rider containing
the condition shall be executed.
*
*
*
*
*
(c) * * *
(1) Public charge bonds. A public
charge bond posted for an immigrant
shall be cancelled when the alien dies,
departs permanently from the United
States or is naturalized, provided the
immigrant did not become a public
charge prior to death, departure, or
naturalization. The district director may
cancel a public charge bond at any time
if he/she finds that the immigrant is not
likely to become a public charge. A
bond may also be cancelled in order to
allow substitution of another bond. A
public charge bond shall be cancelled
by the district director upon review
following the fifth anniversary of the
admission of the immigrant, provided
that the alien has filed Form I–356,
Request for Cancellation of Public
Charge Bond, and the district director
finds that the immigrant did not become
a public charge prior to the fifth
anniversary. If Form I–356 is not filed,
the bond shall remain in effect until the
form is filed and the district director
reviews the evidence supporting the
form and renders a decision to breach or
cancel the bond.
*
*
*
*
*
(e) Breach of bond. A bond is
breached when there has been a
substantial violation of the stipulated
conditions. A final determination that a
bond has been breached creates a claim
in favor of the United States which may
not be released or discharged by a
Service officer. The district director
having custody of the file containing the
immigration bond executed on Form I–
352 shall determine whether the bond
shall be declared breached or cancelled,
and shall notify the obligor on Form I–
323 or Form I–391 of the decision, and,
if declared breached, of the reasons
therefor, and of the right to appeal in
accordance with the provisions of this
part.
*
*
*
*
*
Authority: 8 U.S.C. 1101, 1103, 1254a,
1254b, 1304, 1356; Pub. L. 107–609; 48
U.S.C. 1806; Pub. L. 115–218.
PART 106—USCIS FEE SCHEDULE
§ 213.1 Admission under bond or cash
deposit.
3. The authority citation for part 106
continues to read as follows:
The district director having
jurisdiction over the intended place of
■
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§ 106.2
[Amended]
4. Section 106.2 is amended by
removing and reserving paragraph
(a)(15) and removing paragraph (a)(51).
■
PART 212—DOCUMENTARY
REQUIREMENTS: NONIMMIGRANTS;
WAIVERS; ADMISSION OF CERTAIN
INADMISSIBLE ALIENS; PAROLE
5. The authority citation for part 212
is revised to read as follows:
■
Authority: 6 U.S.C. 111, 202(4) and 271;
8 U.S.C. 1101 and note, 1102, 1103, 1182 and
note, 1184, 1187, 1223, 1225, 1226, 1227,
1255, 1359; section 7209 of Pub. L. 108–458
(8 U.S.C. 1185 note); Title VII of Pub. L. 110–
229 (8 U.S.C. 1185 note); 8 CFR part 2; Pub.
L. 115–218.
Section 212.1(q) also issued under section
702, Pub. L. 110–229, 122 Stat. 754, 854.
6. Section 212.18 is amended by
revising paragraphs (b)(2) and (3) to read
as follows:
■
§ 212.18 Applications for waivers of
inadmissibility in connection with an
application for adjustment of status by T
nonimmigrant status holders.
*
*
*
*
*
(b) * * *
(2) If an applicant is inadmissible
under sections 212(a)(1) or (4) of the
Act, USCIS may waive such
inadmissibility if it determines that
granting a waiver is in the national
interest.
(3) If any other provision of section
212(a) renders the applicant
inadmissible, USCIS may grant a waiver
of inadmissibility if the activities
rendering the alien inadmissible were
caused by or were incident to the
victimization and USCIS determines
that it is in the national interest to waive
the applicable ground or grounds of
inadmissibility.
*
*
*
*
*
§§ 212.20 through 212.23
■
[Removed]
7. Remove §§ 212.20 through 212.23.
PART 213—ADMISSION OF ALIENS
ON GIVING BOND OR CASH DEPOSIT
8. The authority citation for part 213
is revised to read as follows:
■
Authority: 8 U.S.C. 1103; 8 CFR part 2.
9. Revise the heading for part 213 to
read as set forth above.
■ 10. Revise § 213.1 to read as follows:
■
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residence of an alien may accept a
public charge bond prior to the issuance
of an immigrant visa to the alien upon
receipt of a request directly from a
United States consular officer or upon
presentation by an interested person of
a notification from the consular officer
requiring such a bond. Upon acceptance
of such a bond, the district director shall
notify the U.S. consular officer who
requested the bond, giving the date and
place of acceptance and the amount of
the bond. The district director having
jurisdiction over the place where the
examination for admission is being
conducted or the special inquiry officer
to whom the case is referred may
exercise the authority contained in
section 213 of the Act. All bonds and
agreements covering cash deposits given
as a condition of admission of an alien
under section 213 of the Act shall be
executed on Form I–352 and shall be in
the sum of not less than $1,000. The
officer accepting such deposit shall give
his receipt therefor on Form I–305. For
procedures relating to bond riders,
acceptable sureties, cancellation or
breaching of bonds, see § 103.6 of this
chapter.
PART 214—NONIMMIGRANT CLASSES
11. The authority citation for part 214
continues to read as follows:
■
Authority: 6 U.S.C. 202, 236; 8 U.S.C.
1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301–1305 and 1372; sec.
643, Pub. L. 104–208, 110 Stat. 3009–708;
Pub. L. 106–386, 114 Stat. 1477–1480;
section 141 of the Compacts of Free
Association with the Federated States of
Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau,
48 U.S.C. 1901 note and 1931 note,
respectively; 48 U.S.C. 1806; 8 CFR part 2,
Pub. L. 115–218.
§ 214.1
[Amended]
[Amended]
13. Section 214.2 is amended by
removing ‘‘8 CFR 248.1(c)’’ from the end
of paragraph (h)(20) and adding in its
place ‘‘8 CFR 248.1(b)’’.
■
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PART 245—ADJUSTMENT OF STATUS
TO THAT OF A PERSON ADMITTED
FOR PERMANENT RESIDENCE
14. The authority citation for part 245
continues to read as follows:
■
Authority: 8 U.S.C. 1101, 1103, 1182, 1255;
Pub. L. 105–100, section 202, 111 Stat. 2160,
2193; Pub. L. 105–277, section 902, 112 Stat.
2681; Pub. L. 110–229, tit. VII, 122 Stat. 754;
8 CFR part 2.
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[Amended]
15. Section 245.4 is amended by
removing the paragraph (a) designation
and removing paragraph (b).
■ 16. Section 245.23 is amended by
revising paragraph (c)(3) to read as
follows:
■
§ 245.23 Adjustment of aliens in T
nonimmigrant classification.
*
*
*
*
*
(c) * * *
(3) The alien is inadmissible under
any other provisions of section 212(a) of
the Act and has not obtained a waiver
of inadmissibility in accordance with 8
CFR 212.18 or 214.11(j). Where the
applicant establishes that the
victimization was a central reason for
the applicant’s unlawful presence in the
United States, section 212(a)(9)(B)(iii) of
the Act is not applicable, and the
applicant need not obtain a waiver of
that ground of inadmissibility. The
applicant, however, must submit with
the Form I–485 evidence sufficient to
demonstrate that the victimization
suffered was a central reason for the
unlawful presence in the United States.
To qualify for this exception, the
victimization need not be the sole
reason for the unlawful presence but the
nexus between the victimization and the
unlawful presence must be more than
tangential, incidental, or superficial.
*
*
*
*
*
PART 248—CHANGE OF
NONIMMIGRANT CLASSIFICATION
17. The authority citation for part 248
continues to read as follows:
■
Authority: 8 U.S.C. 1101, 1103, 1184,
1258; 8 CFR part 2.
■
18. Revise § 248.1 to read as follows:
§ 248.1
12. Section 214.1 is amended by
removing paragraph (a)(3)(iv) and by
adding the word ‘‘and’’ at the end of
paragraph (c)(4)(iii).
■
§ 214.2
§ 245.4
Eligibility.
(a) General. Except for those classes
enumerated in § 248.2, any alien
lawfully admitted to the United States
as a nonimmigrant, including an alien
who acquired such status pursuant to
section 247 of the Act, 8 U.S.C. 1257,
who is continuing to maintain his or her
nonimmigrant status, may apply to have
his or her nonimmigrant classification
changed to any nonimmigrant
classification other than that of a spouse
or fianc(e), or the child of such alien,
under section 101(a)(15)(K) of the Act,
8 U.S.C. 1101(a)(15)(K), or as an alien in
transit under section 101(a)(15)(C) of the
Act, 8 U.S.C. 1101(a)(15)(C). An alien
defined by section 101(a)(15)(V), or
101(a)(15)(U) of the Act, 8 U.S.C.
1101(a)(15)(V) or 8 U.S.C.
1101(a)(15)(U), may be accorded
nonimmigrant status in the United
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States by following the procedures set
forth respectively in § 214.15(f) or
§ 214.14 of this chapter.
(b) Except in the case of an alien
applying to obtain V nonimmigrant
status in the United States under
§ 214.15(f) of this chapter, a change of
status may not be approved for an alien
who failed to maintain the previously
accorded status or whose status expired
before the application or petition was
filed, except that failure to file before
the period of previously authorized
status expired may be excused in the
discretion of USCIS, and without
separate application, where it is
demonstrated at the time of filing that:
(1) The failure to file a timely
application was due to extraordinary
circumstances beyond the control of the
applicant or petitioner, and USCIS finds
the delay commensurate with the
circumstances;
(2) The alien has not otherwise
violated his or her nonimmigrant status;
(3) The alien remains a bona fide
nonimmigrant; and
(4) The alien is not the subject of
removal proceedings under 8 CFR part
240.
(c) Change of nonimmigrant
classification to that of a nonimmigrant
student. (1) Except as provided in
paragraph (c)(3) of this section, a
nonimmigrant applying for a change of
classification as an F–1 or M–1 student
is not considered ineligible for such a
change solely because the applicant may
have started attendance at school before
the application was submitted. USCIS
will deny an application for a change to
classification as an M–1 student if the
applicant intends to pursue the course
of study solely in order to qualify for a
subsequent change of nonimmigrant
classification to that of an alien
temporary worker under section
101(a)(15)(H) of the Act. Furthermore,
an alien may not change from
classification as an M–1 student to that
of an F–1 student.
(2) [Reserved]
(3) A nonimmigrant who is admitted
as, or changes status to, a B–1 or B–2
nonimmigrant on or after April 12,
2002, or who files a request to extend
the period of authorized stay as a B–1
or B–2 nonimmigrant on or after such
date, may not pursue a course of study
at an approved school unless the
Service has approved his or her
application for change of status to a
classification as an F–1 or M–1 student.
USCIS will deny the change of status if
the B–1 or B–2 nonimmigrant enrolled
in a course of study before filing the
application for change of status or while
the application is pending.
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(d) Application for change of
nonimmigrant classification from that of
a student under section 101(a)(15)(M)(i)
to that described in section
101(a)(15)(H). A district director shall
deny an application for change of
nonimmigrant classification from that of
an M–1 student to that of an alien
temporary worker under section
101(a)(15)(H) of the Act if the education
or training which the student received
while an M–1 student enables the
student to meet the qualifications for
temporary worker classification under
section 101(a)(15)(H) of the Act.
(e) Change of nonimmigrant
classification to that as described in
section 101(a)(15)(N). An application for
change to N status shall not be denied
on the grounds the applicant is an
intending immigrant. Change of status
shall be granted for three years not to
exceed termination of eligibility under
section 101(a)(15)(N) of the Act.
Employment authorization pursuant to
section 274(A) of the Act may be
granted to an alien accorded
nonimmigrant status under section
101(a)(15)(N) of the Act. Employment
authorization is automatically
terminated when the alien changes
status or is no longer eligible for
classification under section
101(a)(15)(N) of the Act.
Background
[FR Doc. 2021–05357 Filed 3–11–21; 4:15 pm]
On December 6, 2013, Boeing applied
for a change to Type Certificate No.
T00001SE for structure-mounted airbags
installed in the Boeing Model 777–9
airplane. The application date was
extended to March 30, 2016, based on
Boeing’s request. The Boeing Model
777–9 airplane, which is a derivative of
the Boeing Model 777 airplane currently
approved under Type Certificate No.
T00001SE, is a twin-engine, transportcategory airplane with seating for 495
passengers and a maximum takeoff
weight of 775,000 pounds.
BILLING CODE 9111–97–P
Type Certification Basis
Alejandro N. Mayorkas,
Secretary of Homeland Security.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2019–1055; Special
Conditions No. 25–778–SC]
Special Conditions: Boeing
Commercial Airplanes Model 777–9
Airplanes; Structure-Mounted Airbags
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions.
AGENCY:
These special conditions are
issued for the Boeing Commercial
Airplanes (Boeing) Model 777–9
airplane. This airplane will have a novel
or unusual design feature when
compared to the state of technology
envisioned in the airworthiness
standards for transport-category
airplanes. This design feature is
structure-mounted airbags designed to
limit occupant forward excursion in the
event of an emergency landing. The
SUMMARY:
khammond on DSKJM1Z7X2PROD with RULES
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: Effective April 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Shannon Lennon, Airframe and Cabin
Safety Section, AIR–675, Transport
Standards Branch, Policy and
Innovation Division, Aircraft
Certification Service, Federal Aviation
Administration, 2200 South 216th
Street, Des Moines, Washington 98198;
telephone and fax 206–231–3209; email
shannon.lennon@faa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
15:55 Mar 12, 2021
Jkt 253001
Under the provisions of title 14, Code
of Federal Regulations (14 CFR) 21.101,
Boeing must show that the Model 777–
9 airplane, as changed, continues to
meet the applicable provisions of the
regulations listed in Type Certificate No.
T00001SE, or the applicable regulations
in effect on the date of application for
the change, except for earlier
amendments as agreed upon by the
FAA.
If the Administrator finds that the
applicable airworthiness regulations
(e.g., 14 CFR part 25) do not contain
adequate or appropriate safety standards
for the Boeing Model 777–9 airplane
because of a novel or unusual design
feature, special conditions are
prescribed under the provisions of
§ 21.16.
Special conditions are initially
applicable to the model for which they
are issued. Should the type certificate
for that model be amended later to
include any other model that
incorporates the same novel or unusual
design feature, or should any other
model already included on the same
type certificate be modified to
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
14229
incorporate the same novel or unusual
design feature, these special conditions
would also apply to the other model
under § 21.101.
In addition to the applicable
airworthiness regulations and special
conditions, the Boeing Model 777–9
airplane must comply with the fuel-vent
and exhaust-emission requirements of
14 CFR part 34, and the noisecertification requirements of 14 CFR
part 36.
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type certification basis under
§ 21.101.
Novel or Unusual Design Features
The Boeing Model 777–9 airplane will
incorporate the following novel or
unusual design features:
Airbags mounted to structure to
prevent head injury.
Discussion
Boeing will install structure-mounted
airbags instead of inflatable lap belts as
a means to protect each occupant from
serious injury in the event of an
emergency landing, as required by
§ 25.562(c)(5), on 777–9 airplanes.
Such use of airbags to provide injury
protection for the occupant is a novel or
unusual feature for this airplane model,
and the applicable airworthiness
regulations do not contain adequate or
appropriate airworthiness standards for
these design features. Therefore, special
conditions are needed to address
requirements particular to installation of
airbags in this manner.
Special conditions exist for airbags
installed on seat belts, known as
inflatable lap belts, which have been
installed on Boeing airplane passenger
seats. Structure-mounted airbags,
although a novel design, were first
introduced on Jetstream Aircraft
Limited Model 4100 series airplanes,
which resulted in issuance of Special
Conditions 25–ANM–127 on May 14,
1997. These special conditions
supplemented 14 CFR part 25 and, more
specifically, §§ 25.562 and 25.785.
The structure-mounted airbag, similar
to the inflatable lap belt, is designed to
limit occupant forward excursion in the
event of an emergency landing. These
airbags will reduce the potential for
serious injury, including reducing the
head-injury criterion measurement
defined in part 25. However, structuremounted airbags function similarly as
automotive airbags, where the airbag
deploys from furniture located in front
of the passenger, relative to the
airplane’s direction of flight, forming a
barrier between the structure and
E:\FR\FM\15MRR1.SGM
15MRR1
]]>Agencies
[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Rules and Regulations]
[Pages 14221-14229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05357]
========================================================================
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.
========================================================================
Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules
and Regulations
[[Page 14221]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 106, 212, 213, 214, 245, and 248
RIN 1615-AA22
Inadmissibility on Public Charge Grounds; Implementation of
Vacatur
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes the regulations resulting from a final
rule issued in August 2019, which has since been vacated by a Federal
district court.
DATES: This rule is effective on March 9, 2021, as a result of the
district court's vacatur.
FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and
Naturalization Division Chief, Office of Policy and Strategy, U.S.
Citizenship and Immigration Services, Department of Homeland Security,
5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240-721-
3000.
SUPPLEMENTARY INFORMATION:
I. Background and Basis for Removal of Regulations
In August 2019, the U.S. Department of Homeland Security (DHS)
issued a final rule titled, Inadmissibility on Public Charge
Grounds.\1\ The rule was preliminarily enjoined by courts in the
Southern District of New York, District of Maryland, Northern District
of California, Eastern District of Washington, and Northern District of
Illinois.\2\ Following a series of stays of the preliminary
injunctions,\3\ DHS began applying the rule on February 24, 2020. Since
that time, preliminary injunctions against the rule have been affirmed
by the Second, Seventh, and Ninth Circuit Courts of Appeals.\4\ On
November 2, 2020, the U.S. District Court for the Northern District of
Illinois issued a Rule 54(b) judgment vacating the rule on the
merits.\5\ On November 3, 2020, the Seventh Circuit granted an
administrative stay of the district court's judgment and, on November
19, 2020, the Seventh Circuit granted a stay pending appeal. On March
9, 2021, DHS moved to dismiss its appeal before the Seventh Circuit,
and the Seventh Circuit dismissed the appeal and the Rule 54(b)
judgment went into effect. DHS is now implementing the judgment, i.e.,
the vacatur of the August 2019 rule.
---------------------------------------------------------------------------
\1\ See 84 FR 41292 (Aug. 14, 2019); see also 84 FR 52357 (Oct.
2, 2019) (making corrections).
\2\ See City and Cnty. of San Francisco v. USCIS, 408 F. Supp.
3d 1057 (N.D. Cal. 2019); Cook County, Ill. v. McAleenan, 417 F.
Supp. 3d 1008 (N.D. Ill. 2019); Casa de Md. v. Trump, 414 F. Supp.
3d 760 (D. Md. 2019) Make the Road New York v. Cuccinelli, 419 F.
Supp. 3d 647 (S.D.N.Y. 2019); Wash. v. DHS, 408 F. Supp. 3d 1191
(E.D. Wash. 2019).
\3\ See Wolf v. Cook County, 140 S. Ct. 681 (2020) (staying
preliminary injunction from the Northern District of Illinois); DHS
v. New York, 140 S. Ct. 599 (2020) (staying preliminary injunctions
from the Southern District of New York); City and Cnty. of San
Francisco v. USCIS, 944 F.3d 773 (9th Cir. 2019) (staying
preliminary injunctions from the Eastern District of Washington and
Northern District of California); CASA de Md. v. Trump, No. 19-2222
(4th Cir. Dec. 9, 2019) (staying preliminary injunction from the
District of Maryland).
\4\ See New York v. DHS, 969 F.3d 42 (2d Cir. 2020); Cook
County, Ill. v. Wolf, 962 F.3d 208 (7th Cir. 2020); City and Cnty.
of San Francisco v. USCIS, 981 F.3d 742 (9th Cir. 2020); see also
Casa de Md. v. Trump, 981 F.3d 311 (4th Cir. 2020) (granting en banc
review and vacating a panel opinion that had reversed a preliminary
injunction). In July 2020, the Southern District of New York issued
a second preliminary injunction against the rule for reasons related
to the COVID-19 pandemic, which the Second Circuit later stayed. See
New York v. DHS, 475 F. Supp. 3d 208 (S.D.N.Y. 2020), injunction
stayed, 974 F.3d 210 (2d Cir. 2020).
\5\ See Cook County, Ill. v. Wolf, No. 19-C-6334, 2020 WL
6393005 (N.D. Ill. Nov. 2, 2020).
---------------------------------------------------------------------------
This rule removes from the Code of Federal Regulations (CFR) the
regulatory text that DHS promulgated in the August 2019 rule and
restores the regulatory text to appear as it did prior to the issuance
of the August 2019 rule.\6\ This rule also removes regulatory text that
DHS initially promulgated in 8 CFR part 103 as part of the August 2019
rule, but later moved to 8 CFR part 106 in the August 2020 final rule
entitled U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements (2020
USCIS fee rule).\7\ Although the regulatory text was moved as part of
the 2020 USCIS fee rule, the content of the regulatory text was first
issued in the August 2019 rule that has now been vacated.
---------------------------------------------------------------------------
\6\ DHS notes that it has maintained changes that DHS made to
the same regulations via other rulemakings that post-dated the
August 2019 rule. For instance, on July 31, 2020, DHS published a
rule revising the section heading for 8 CFR 103.6 to read,
``Immigration Bonds.'' See 85 FR 45968, 45989 (July 31, 2020). DHS
has maintained that section heading here, because it was made by a
rule that has not been vacated. Similarly, on May 14, 2020, DHS
published an interim final rule that revised the authority citation
for 8 CFR part 212. See 85 FR 29264, 29311 (May 14, 2020). DHS has
maintained that authority citation here.
\7\ See 85 FR 46788 (Aug. 3, 2020). The 2020 USCIS fee rule is
currently the subject of two preliminary injunctions. See Immigr.
Leg. Res. Ctr. v. Wolf, No. 20-cv-05883-JSW, 2020 WL 5798269 (N.D.
Cal. Sept. 29, 2020); Nw. Immigr. Rights Proj. v. USCIS, No. 19-
3283, 2020 WL 5995206 (Oct. 8, 2020).
---------------------------------------------------------------------------
Because this rule simply implements the district court's vacatur of
the August 2019 rule, as a consequence of which the August 2019 rule no
longer has any legal effect, DHS is not required to provide notice and
comment or delay the effective date of this rule. Moreover, good cause
exists here for bypassing any otherwise applicable requirements of
notice and comment and a delayed effective date. Notice and comment and
a delayed effective date are unnecessary for implementation of the
court's order vacating the rule and would be impracticable and contrary
to the public interest in light of the agency's immediate need to
implement the now-effective final judgment. See 5 U.S.C. 553(b)(B),
(d). DHS has concluded that each of those three reasons--that notice
and comment and a delayed effective date are unnecessary,
impracticable, and contrary to the public interest--independently
provides good cause to bypass any otherwise applicable requirements of
notice and comment and a delayed effective date.
II. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995 (``PRA''), DHS is
required to submit to the Office of Management and Budget (OMB), for
review and approval, collections of information and changes to
collections of information.\8\ Table 1 below lists all collections of
information impacted by the vacatur.
---------------------------------------------------------------------------
\8\ See Public Law 104-13, 109 Stat. 163 (May 22, 1995) codified
at 44 U.S.C. 3501 et seq.
[[Page 14222]]
Table 1--Summary of Forms
----------------------------------------------------------------------------------------------------------------
General purpose General categories Nexus to August 2019
Form Form name Change of form filing rule
----------------------------------------------------------------------------------------------------------------
I-944....... Declaration of Discontinue..... This form was Applicants for This form was the
Self- used to adjustment of status primary basis for
Sufficiency. demonstrate who are subject to determining whether
that an alien the public charge an applicant is
is not likely ground of inadmissible on the
to become a inadmissibility. public charge ground
public charge. (8 U.S.C.
1182(a)(4), as it
asked questions
about the factors
considered in a
public charge
inadmissibility
determination under
the August 2019
rule. Because of the
vacatur and removal
of the August 2019
rule, USCIS will no
longer use this
information
collection.
I-356....... Request for Discontinue..... This form was An obligor who posted This form was used to
Cancellation of used to request Form I-945 on the seek cancellation of
a Public Charge cancellation of alien's behalf or an the Form I-945,
Bond. the bond that alien who posted Public Charge Bond.
was submitted Form I-945 on his or Because of the
on Form I-945, her own behalf, and vacatur and removal
Public Charge who sought to cancel of the August 2019
Bond, on behalf Form I-945 because rule USCIS will no
of an alien. the alien had longer use this
permanently departed information
the United States, collection.
naturalized, or
died; the obligor or
the alien sought
cancellation of the
bond following the
alien's fifth
anniversary of
admission to the
United States as a
lawful permanent
resident; or the
alien, following the
initial grant of
lawful permanent
resident status,
obtains an
immigration status
that was exempt from
the public charge
ground of
inadmissibility.
I-945....... Public Charge Discontinue..... This form was For applicants for If an alien seeking
Bond. the public adjustment of status adjustment of status
charge bond inadmissible only had been found
contract based on the public inadmissible under
between USCIS charge ground and the public charge
and the obligor. who were permitted ground, he or she
to post a public may have been
charge bond. The admitted to the
form was completed United States upon
by the obligor, who the posting of a
posted the bond on suitable and proper
the alien's behalf bond at the
(or by an alien who discretion of DHS.
posted the bond on Because of the
his or her own vacatur and removal
behalf). of the August 2019
rule USCIS will no
longer use this
information
collection.
I-485....... Application to Update--removes This form is For aliens applying Adjustment of status
Register questions and used by aliens for adjustment of applicants generally
Permanent instructions present in the status, including: must be admissible
Residence or that clarified United States Immediate relatives to the United
Adjust Status. what categories to obtain (spouses, children, States, and must
need to file lawful and parents of U.S. demonstrate that
Form I-944. permanent citizens) Family- they are not
resident status. based immigrants inadmissible under
(principal any of the grounds
beneficiaries and in section 212(a),
their dependents) including public
Employment-based charge. However,
immigrants because of the
(principal vacatur and removal
beneficiaries and of the 2019 rule,
their dependents) and the
Those who entered as discontinuation of
K nonimmigrants Form I-944 USCIS
(Fiance(e)s or will no use these
certain spouses of elements of the
U.S. citizens, and information
their children) who collection.
are seeking lawful
permanent resident
status based on the
primary
beneficiary's
marriage to the U.S.
citizen petitioner.
I-864....... Affidavit of Update--referenc Statement/ Most family-based Since the Form I-864W
Support Under e to Form I- contract immigrants and some is being reinstated,
Section 213A of 864W, which is provided by a employment-based USCIS will include
the INA. being sponsor to show immigrants must have references to that
reinstated. that the a sponsor submit form on the Form I-
sponsor has this form. 864.
adequate
financial
resources to
support the
alien.
I-864EZ..... Affidavit of Update--referenc Statement/ The sponsor is the Since the Form I-864W
Support Under e to Form I- contract person who filed or is being reinstated,
Section 213A of 864W, which is provided by is filing Form I- USCIS needs to
the Act. being sponsor to show 130, Petition for include references
reinstated. that the Alien Relative, for to that form on the
sponsor has a relative being Form I-864EZ.
adequate sponsored; the
financial relative the sponsor
resources to is sponsoring is the
support the only person listed
alien. This is on Form I-130; and
a simpler the income the
version of Form sponsor is using to
I-864. qualify is based
entirely on the
sponsor's salary or
pension and is shown
on one or more
Internal Revenue
Service (IRS) Form W-
2s provided by the
sponsor's employers
or former employers.
[[Page 14223]]
I-864W...... Request for Reinstate....... Certain classes Aliens who have Because of the
Exemption for of immigrants earned 40 quarters vacatur and removal
Intending are exempt from of SSA coverage. of the 2019 rule and
Immigrant's the Form I-864 Children who will the rollback of the
Affidavit of requirement and become U.S. citizens associated changes
Support. therefore must upon entry or to Form I-485, Form
file Form I- adjustment into the I-864W is being
864W instead. United States under reinstated.
INA 320. Self-
Petitioning
Widow(er) Form I-
360, Petition for
Amerasian, Widow(er)
or Special
Immigrant; Self-
Petitioning bettered
spouse or child.
I-129....... Petition for Update--removes This form is E-2 CNMI-- Because of the
Nonimmigrant questions and issued by an treaty investor vacatur and removal
Worker. instructions employer to exclusively in the of the 2019 rule,
about receipt petition USCIS Commonwealth of the USCIS is removing
of public for an alien Northern Mariana the public benefit
benefits. beneficiary to Islands (CNMI). condition
come H-1B-- information
temporarily to specialty occupation collection elements
the United worker; an alien from Form I-129. As
States as a coming to perform a condition of
nonimmigrant to services of an granting extension
perform exceptional nature of stay and change
services or that relate to a of status, the
labor, or to U.S. Department of applicant no longer
receive Defense-administered must show that he or
training. This project; or a she has not
form is also fashion model of received, since
used by distinguished merit obtaining the
employers to and ability. nonimmigrant status
apply for H-2A-- he or she is seeking
extension of temporary to extend or change
stay and change agricultural worker. public benefits, as
of status on H-2B-- defined in former 8
behalf of temporary CFR 212.21(b), for
nonimmigrants. nonagricultural more than 12 months
worker. in the aggregate,
H-3--trainee within a 36-month
L-1-- period.
intracompany
transferee.
O-1--alien
of extraordinary
ability in arts,
science, education,
business, or
athletics.
O-2--
accompanying alien
who is coming to the
United States to
assist in the
artistic or athletic
performance of an O-
1 artist or athlete.
P-1--major
league sports.
P-1--
internationally
recognized athlete/
entertainment group.
P-1S--
essential support
personnel for a P-1.
P-2--artist/
entertainer in
reciprocal exchange
program.
P-2S--
essential support
personnel for a P-2.
P-3--artist/
entertainer coming
to the United States
to perform, teach,
or coach under a
program that is
culturally unique.
P-3S--
essential support
personnel for a P-3.
Q-1--alien
coming temporarily
to participate in an
international
cultural exchange
program. Extension
of Status.
E-1--treaty
trader.
E-2--treaty
investor (not
including E-2 CNMI
treaty investors.).
E-3--Free
Trade Agreement
professionals from
Australia. Free
Trade Nonimmigrants--
.
H-1B1
specialty occupation
workers from Chile
or Singapore and TN
professionals from
Canada or Mexico.
R-1--
religious worker.
I-129CW..... Petition for a Update--removes This form is This form is used by Because of the
CNMI-Only questions and used by an an employer to vacatur and removal
Nonimmigrant instructions employer to request an extension of the 2019 rule,
Transitional about receipt request an of stay or change of USCIS is removing
Worker. of public extension of status for an alien the public benefit
benefits. stay or change in the Commonwealth condition
of status for a of the Northern information
temporary Mariana Islands collection elements
worker in the (CNMI) temporarily from Form I-129CW.
Commonwealth of to perform services As a condition of
the Northern or labor as a CW-1, granting extension
Mariana Islands CNMI-Only of stay and change
(CNMI). Transitional Worker. of status, the
applicant no longer
must show that he or
she has not
received, since
obtaining the
nonimmigrant status
he or she is seeking
to extend or change
public benefits, as
defined in former 8
CFR 212.21(b), for
more than 12 months
in the aggregate
within a 36-month
period.
[[Page 14224]]
I-539....... Application to Update--removes This form is CNMI residents Because of the
Extend/Change questions and used by certain applying for an vacatur and removal
Nonimmigrant instructions nonimmigrants initial grant of of the 2019 rule,
Status. about receipt (principal status; Student (F) USCIS is removing
of public filers) to and vocational the public benefit
benefits for apply for an students (M) condition
principal extension of applying for information
aliens. stay or change reinstatement; and collection elements
of status. In Persons seeking V from Form I-539. As
certain nonimmigrant status a condition of
circumstances, or an extension of granting extension
this form may stay as a V of stay and change
be used as an nonimmigrant (spouse of status, the
initial or child of a lawful applicant no longer
nonimmigrant permanent resident must show that he or
status, or who filed a petition she has not received
reinstatement on or before since obtaining the
of F-1 or M-1 December 21, 2000). nonimmigrant status
status he or she is seeking
(students). to extend or from
which he or she is
seeking to change
public benefits, as
defined in former 8
CFR 212.21(b), for
more than 12 months
in the aggregate
within a 36-month
period
I-539A...... ................ Update--removes This form is Co-Applicants of I- Because of the
questions and used by certain 539 principal filers. vacatur and removal
instructions nonimmigrants of the 2019 rule,
about receipt (co-applicants USCIS is removing
of public of the primary the public benefit
benefits by co- I-539 condition
applicants of I- applicants) to information
539 applicants. apply for an collection elements
extension of from Form I-539. As
stay or change a condition of
of status. granting extension
of stay and change
of status, the co-
applicant no longer
must show that he or
she has not
received, since
obtaining the
nonimmigrant status
he or she is seeking
to extend or from
which he or she is
seeking to change,
public benefits, as
defined in former 8
CFR 212.21(b), for
more than 12 months
in the aggregate
within a 36-month
period.
I-912....... Request for Fee Update--removes This form may be Certain Form I-485 Because of the
Waiver. a notice that a filed with applicants, vacatur and removal
request for a certain USCIS generally those who of the 2019 rule,
fee waiver may benefit are not subject to USCIS is removing
be a factor in requests in the public charge the notice from the
the public order to ground of Form I-912
charge request a fee inadmissibility and instructions because
determination. waiver. those applying under a request of a fee
certain humanitarian waiver is no longer
programs, may a factor in the
request a fee waiver determination of
on Form I-912. public charge
Applicants for E-2 inadmissibility.
CNMI investor
nonimmigrant status
under 8 CFR
214.2(e)(23) filing
Form I-129 or Form I-
539 may request a
fee waiver.
----------------------------------------------------------------------------------------------------------------
To conform with the requirements set forth by the PRA, USCIS
requested and received emergency approval from OMB to take the
following actions on certain collections on information as required by
the vacatur of the August 2019 rule.
USCIS Form I-944
(1) Type of Information Collection Request: Discontinuation of a
currently approved form.
(2) Title of the Form/Collection: Declaration of Self-Sufficiency.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-944; USCIS.
(4) Affected public who were asked or required to respond, as well
as a brief abstract: Primary: Individuals or households. Form I-944
would have been used by an individual to demonstrate that he or she is
not inadmissible based on the public charge ground.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: With the
discontinuation of this information collection, there will be no
respondents or hour burden per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: There will be no public hour burden.
(7) An estimate of the total public burden (in cost) associated
with the collection: There will be no public cost burden.
USCIS Form I-356
(1) Type of Information Collection Request: Discontinuation of a
currently approved form.
(2) Title of the Form/Collection: Request for Cancellation of
Public Charge Bond.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-356; USCIS.
(4) Affected public who were asked or required to respond, as well
as a brief abstract: Primary: Individuals or household, business or
other for profits. Respondents would have use this form to request
cancellation of the public charge bond that was submitted on Form I-945
on behalf of someone who is not a citizen of the United States.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: With the
discontinuation of this information collection, there will be no
respondents or hour burden per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: There will be no public hour burden.
(7) An estimate of the total public burden (in cost) associated
with the collection: There will be no public cost burden.
USCIS Form I-945
(1) Type of Information Collection Request: Discontinuation of a
currently approved form.
(2) Title of the Form/Collection: Public Charge Bond.
[[Page 14225]]
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-945; USCIS.
(4) Affected public were asked or required to respond, as well as a
brief abstract: Primary: Individuals or households, business or other
for profit. This public charge bond would have been posted as security
for performance and fulfillment of the financial obligations of a
bonded individual, who is not a U.S. citizen, to the U.S. Government.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: With the
discontinuation of this information collection, there will be no
respondents or hour burden per response.
(6) An estimate of the total public burden (in hours) associated
with the collection: There will be no public hour burden.
(7) An estimate of the total public burden (in cost) associated
with the collection: There will be no public cost burden.
USCIS Form I-485
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application to Register Permanent
Residence or Adjust Status.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-485; Supplement A; and Supplement
J; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. The
information collected is used to determine eligibility to adjust
status.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-485 is
578,708 and the estimated hour burden per response is 6.254 hours. The
estimated total number of respondents for the information collection
Supplement A is 29,213 and the estimated hour burden per response is
1.25 hours. The estimated total number of respondents for the
information collection Supplement J is 37,358 and the estimated hour
burden per response is one hour. The estimated total number of
respondents for the information collection of Biometrics is 578,708 and
the estimated hour burden per response is 1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 4,370,202 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $198,496,844.
USCIS Forms I-864; I-864A; I-864EZ; I-864W
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Affidavit of Support Under
Section 213A of the INA; Contract Between Sponsor and Household Member;
Affidavit of Support under Section 213 of the Act.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-864; Form I-864A; Form I-864EZ;
and I-864W USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. Form I-
864. USCIS uses the data collected on Form I-864 to determine whether
the sponsor has the ability to support the sponsored alien under
section 213A of the Immigration and Nationality Act. This form
standardizes evaluation of a sponsor's ability to support the sponsored
alien and ensures that basic information required to assess eligibility
is provided by petitioners. Form I-864A. Form I-864A is a contract
between the sponsor and the sponsor's household members. It is only
required if the sponsor used income of his or her household member(s)
to reach the required 125 percent of the Federal poverty guidelines.
The contract holds these household members jointly and severally liable
for the support of the sponsored immigrant. The information collection
required on Form I-864A is necessary for public benefit agencies to
enforce the Affidavit of Support in the event the sponsor used income
of his or her household members to reach the required income level and
the public benefit agencies are requesting reimbursement from the
sponsor. Form I-864EZ. USCIS uses Form I-864EZ in exactly the same way
as Form I-864; however, USCIS collects less information from the
sponsors as less information is needed from those who qualify in order
to make a thorough adjudication. Form I-864W. USCIS uses Form I-864W to
determine whether the intending immigrant meets the criteria for
exemption from INA section 213A requirements. This form collects the
immigrant's basic information, such as name and address, the reason for
the exemption, and accompanying documentation in support of the
immigrant's claim that they are not subject to INA section 213A.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-864 is
453,345 and the estimated hour burden per response is 6 hours. The
estimated total number of respondents for the information collection I-
864A is 215,800 and the estimated hour burden per response is 1.75
hours. The estimated total number of respondents for the information
collection I-864EZ is 100,000 and the estimated hour burden per
response is 2.5 hours. The estimated total number of respondents for
the information collection I-864W is 98,119 and the estimated hour
burden per response is 1 hour.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 3,445,839 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $159,608,680.
USCIS Form I-129
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Petition for Nonimmigrant Worker.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-129; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for-profit. USCIS
uses the data collected on this form to determine eligibility for the
requested nonimmigrant petition and/or requests to extend or change
nonimmigrant status. An employer (or agent, where applicable) uses this
form to petition USCIS for an alien to temporarily enter as a
nonimmigrant. An employer (or agent, where applicable) also uses this
form to request an extension of stay or change of status on behalf of
the alien worker. The form serves the purpose of standardizing requests
for nonimmigrant workers and ensuring that basic information required
for
[[Page 14226]]
assessing eligibility is provided by the petitioner while requesting
that beneficiaries be classified under certain nonimmigrant employment
categories. It also assists USCIS in compiling information required by
Congress annually to assess effectiveness and utilization of certain
nonimmigrant classifications.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-129 is
294,751 and the estimated hour burden per response is 2.34 hours. The
estimated total number of respondents for the information collection I-
129, E-1/E-2 Classification Supplement is 4,760 and the estimated hour
burden per response is 0.67 hours. The estimated total number of
respondents for the information collection I-129, Trade Agreement
Supplement is 3,057 and the estimated hour burden per response is 0.67
hours. The estimated total number of respondents for the information
collection I-129, H Classification Supplement is 96,291 and the
estimated hour burden per response is two hours. The estimated total
number of respondents for the information collection I-129, H-1B and H-
1B1 Data Collection and Filing Fee Exemption Supplement is 96,291 and
the estimated hour burden per response is one hour. The estimated total
number of respondents for the information collection I-129, L
Classification Supplement is 37,831 and the estimated hour burden per
response is 1.34 hours. The estimated total number of respondents for
the information collection I-129, O and P Classifications Supplement is
22,710 and the estimated hour burden per response is one hour. The
estimated total number of respondents for the information collection I-
129, Q-1 Classification Supplement is 155 and the estimated hour burden
per response is 0.34 hours. The estimated total number of respondents
for the information collection I-129, R-1 Classification is 6,635 and
the estimated hour burden per response is 2.34 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 1,072,810 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $70,681,290.
USCIS Form I-129CW
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Petition for a CNMI-Only
Nonimmigrant Transitional Worker.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-129CW; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Business or other for profit. USCIS
uses the data collected on this form to determine eligibility for the
requested immigration benefits. An employer uses this form to petition
USCIS for an alien to temporarily enter as a nonimmigrant into the CNMI
to perform services or labor as a CNMI-Only Transitional Worker (CW-1).
An employer also uses this form to request an extension of stay or
change of status on behalf of the alien worker. The form serves the
purpose of standardizing requests for these benefits and ensuring that
the basic information required to determine eligibility, is provided by
the petitioners. USCIS collects biometrics from aliens present in the
CNMI at the time of requesting initial grant of CW-1 status. The
information is used to verify the alien's identity, background
information and ultimately adjudicate their request for CW-1 status.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection I-129CW is
5,975 and the estimated hour burden per response is 3.5 hours. The
estimated total number of respondents for the information collection I-
129CW is 5,975 and the estimated hour burden per response is 2.5 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 35,850 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $3,809,063.
USCIS Form I-539 and Form I-539A
(1) Type of Information Collection Request: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application to Extend/Change
Nonimmigrant Status.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: Form I-539 and I-539A; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. This form
will be used for nonimmigrants to apply for an extension of stay, for a
change to another nonimmigrant classification, or for obtaining V
nonimmigrant classification.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: The estimated
total number of respondents for the information collection Form I-539
(paper filing) is 174,289 and the estimated hour burden per response is
2 hours. The estimated total number of respondents for the information
collection Form I-539 (e-filing) is 74,696 and the estimated hour
burden per response is 1.08 hours. The estimated total number of
respondents for the information collection I-539A is 54,375 and the
estimated hour burden per response is 0.5 hour. The estimated total
number of respondents for the information collection of Biometrics is
373,477 and the estimated hour burden per response is 1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection is 893,630 hours.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $56,121,219.
USCIS Form I-912
Implementation of the vacatur will result in non-substantive edits
to USCIS Form I-912, Request for Fee Waiver. These edits will remove
the language that stated that the submission of a fee waiver request
and approval of a fee waiver could negatively impact eligibility for an
immigration benefit that is subject to the public charge
inadmissibility determination. Accordingly, USCIS has submitted a PRA
Change Worksheet, Form OMB 83-C, and amended information collection
instrument to OMB for review and approval in accordance with the PRA.
List of Subjects
8 CFR 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Immigration, Privacy,
Reporting and recordkeeping requirements, Surety bonds.
[[Page 14227]]
8 CFR Part 106
Fees, Immigration.
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
8 CFR Part 213
Immigration, Surety bonds.
8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange
programs, Employment, Foreign officials, Health professions, Reporting
and recordkeeping requirements, Students.
8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
8 CFR Part 248
Aliens, Reporting and recordkeeping requirements.
Accordingly, DHS amends chapter I of title 8 of the Code of Federal
Regulations as follows:
PART 103--IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS;
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, 1365b; 31 U.S.C. 9701; Pub. L. 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; Pub. L. 112-54; 125 Stat. 550; 31 CFR
part 223.
0
2. Section 103.6 is amended by:
0
a. Revising paragraphs (a)(1), (a)(2)(i), and (c)(1);
0
b. Removing paragraph (d)(3); and
0
c. Revising paragraph (e).
The revisions read as follows:
Sec. 103.6 Immigration bonds.
(a) * * *
(1) Extension agreements; consent of surety; collateral security.
All surety bonds posted in immigration cases shall be executed on Form
I-352, Immigration Bond, a copy of which, and any rider attached
thereto, shall be furnished the obligor. A district director is
authorized to approve a bond, a formal agreement to extension of
liability of surety, a request for delivery of collateral security to a
duly appointed and undischarged administrator or executor of the estate
of a deceased depositor, and a power of attorney executed on Form I-
312, Designation of Attorney in Fact. All other matters relating to
bonds, including a power of attorney not executed on Form I-312 and a
request for delivery of collateral security to other than the depositor
or his or her approved attorney in fact, shall be forwarded to the
regional director for approval.
(2) * * *
(i) General. Bond riders shall be prepared on Form I-351, Bond
Riders, and attached to Form I-352. If a condition to be included in a
bond is not on Form I-351, a rider containing the condition shall be
executed.
* * * * *
(c) * * *
(1) Public charge bonds. A public charge bond posted for an
immigrant shall be cancelled when the alien dies, departs permanently
from the United States or is naturalized, provided the immigrant did
not become a public charge prior to death, departure, or
naturalization. The district director may cancel a public charge bond
at any time if he/she finds that the immigrant is not likely to become
a public charge. A bond may also be cancelled in order to allow
substitution of another bond. A public charge bond shall be cancelled
by the district director upon review following the fifth anniversary of
the admission of the immigrant, provided that the alien has filed Form
I-356, Request for Cancellation of Public Charge Bond, and the district
director finds that the immigrant did not become a public charge prior
to the fifth anniversary. If Form I-356 is not filed, the bond shall
remain in effect until the form is filed and the district director
reviews the evidence supporting the form and renders a decision to
breach or cancel the bond.
* * * * *
(e) Breach of bond. A bond is breached when there has been a
substantial violation of the stipulated conditions. A final
determination that a bond has been breached creates a claim in favor of
the United States which may not be released or discharged by a Service
officer. The district director having custody of the file containing
the immigration bond executed on Form I-352 shall determine whether the
bond shall be declared breached or cancelled, and shall notify the
obligor on Form I-323 or Form I-391 of the decision, and, if declared
breached, of the reasons therefor, and of the right to appeal in
accordance with the provisions of this part.
* * * * *
PART 106--USCIS FEE SCHEDULE
0
3. The authority citation for part 106 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1254a, 1254b, 1304, 1356; Pub.
L. 107-609; 48 U.S.C. 1806; Pub. L. 115-218.
Sec. 106.2 [Amended]
0
4. Section 106.2 is amended by removing and reserving paragraph (a)(15)
and removing paragraph (a)(51).
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
0
5. The authority citation for part 212 is revised to read as follows:
Authority: 6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and
note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227,
1255, 1359; section 7209 of Pub. L. 108-458 (8 U.S.C. 1185 note);
Title VII of Pub. L. 110-229 (8 U.S.C. 1185 note); 8 CFR part 2;
Pub. L. 115-218.
Section 212.1(q) also issued under section 702, Pub. L. 110-229,
122 Stat. 754, 854.
0
6. Section 212.18 is amended by revising paragraphs (b)(2) and (3) to
read as follows:
Sec. 212.18 Applications for waivers of inadmissibility in connection
with an application for adjustment of status by T nonimmigrant status
holders.
* * * * *
(b) * * *
(2) If an applicant is inadmissible under sections 212(a)(1) or (4)
of the Act, USCIS may waive such inadmissibility if it determines that
granting a waiver is in the national interest.
(3) If any other provision of section 212(a) renders the applicant
inadmissible, USCIS may grant a waiver of inadmissibility if the
activities rendering the alien inadmissible were caused by or were
incident to the victimization and USCIS determines that it is in the
national interest to waive the applicable ground or grounds of
inadmissibility.
* * * * *
Sec. Sec. 212.20 through 212.23 [Removed]
0
7. Remove Sec. Sec. 212.20 through 212.23.
PART 213--ADMISSION OF ALIENS ON GIVING BOND OR CASH DEPOSIT
0
8. The authority citation for part 213 is revised to read as follows:
Authority: 8 U.S.C. 1103; 8 CFR part 2.
0
9. Revise the heading for part 213 to read as set forth above.
0
10. Revise Sec. 213.1 to read as follows:
Sec. 213.1 Admission under bond or cash deposit.
The district director having jurisdiction over the intended place
of
[[Page 14228]]
residence of an alien may accept a public charge bond prior to the
issuance of an immigrant visa to the alien upon receipt of a request
directly from a United States consular officer or upon presentation by
an interested person of a notification from the consular officer
requiring such a bond. Upon acceptance of such a bond, the district
director shall notify the U.S. consular officer who requested the bond,
giving the date and place of acceptance and the amount of the bond. The
district director having jurisdiction over the place where the
examination for admission is being conducted or the special inquiry
officer to whom the case is referred may exercise the authority
contained in section 213 of the Act. All bonds and agreements covering
cash deposits given as a condition of admission of an alien under
section 213 of the Act shall be executed on Form I-352 and shall be in
the sum of not less than $1,000. The officer accepting such deposit
shall give his receipt therefor on Form I-305. For procedures relating
to bond riders, acceptable sureties, cancellation or breaching of
bonds, see Sec. 103.6 of this chapter.
PART 214--NONIMMIGRANT CLASSES
0
11. The authority citation for part 214 continues to read as follows:
Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643,
Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat.
1477-1480; section 141 of the Compacts of Free Association with the
Federated States of Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau, 48 U.S.C. 1901 note and
1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2, Pub. L. 115-
218.
Sec. 214.1 [Amended]
0
12. Section 214.1 is amended by removing paragraph (a)(3)(iv) and by
adding the word ``and'' at the end of paragraph (c)(4)(iii).
Sec. 214.2 [Amended]
0
13. Section 214.2 is amended by removing ``8 CFR 248.1(c)'' from the
end of paragraph (h)(20) and adding in its place ``8 CFR 248.1(b)''.
PART 245--ADJUSTMENT OF STATUS TO THAT OF A PERSON ADMITTED FOR
PERMANENT RESIDENCE
0
14. The authority citation for part 245 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; Pub. L. 105-100,
section 202, 111 Stat. 2160, 2193; Pub. L. 105-277, section 902, 112
Stat. 2681; Pub. L. 110-229, tit. VII, 122 Stat. 754; 8 CFR part 2.
Sec. 245.4 [Amended]
0
15. Section 245.4 is amended by removing the paragraph (a) designation
and removing paragraph (b).
0
16. Section 245.23 is amended by revising paragraph (c)(3) to read as
follows:
Sec. 245.23 Adjustment of aliens in T nonimmigrant classification.
* * * * *
(c) * * *
(3) The alien is inadmissible under any other provisions of section
212(a) of the Act and has not obtained a waiver of inadmissibility in
accordance with 8 CFR 212.18 or 214.11(j). Where the applicant
establishes that the victimization was a central reason for the
applicant's unlawful presence in the United States, section
212(a)(9)(B)(iii) of the Act is not applicable, and the applicant need
not obtain a waiver of that ground of inadmissibility. The applicant,
however, must submit with the Form I-485 evidence sufficient to
demonstrate that the victimization suffered was a central reason for
the unlawful presence in the United States. To qualify for this
exception, the victimization need not be the sole reason for the
unlawful presence but the nexus between the victimization and the
unlawful presence must be more than tangential, incidental, or
superficial.
* * * * *
PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION
0
17. The authority citation for part 248 continues to read as follows:
Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.
0
18. Revise Sec. 248.1 to read as follows:
Sec. 248.1 Eligibility.
(a) General. Except for those classes enumerated in Sec. 248.2,
any alien lawfully admitted to the United States as a nonimmigrant,
including an alien who acquired such status pursuant to section 247 of
the Act, 8 U.S.C. 1257, who is continuing to maintain his or her
nonimmigrant status, may apply to have his or her nonimmigrant
classification changed to any nonimmigrant classification other than
that of a spouse or fianc(e), or the child of such alien, under section
101(a)(15)(K) of the Act, 8 U.S.C. 1101(a)(15)(K), or as an alien in
transit under section 101(a)(15)(C) of the Act, 8 U.S.C.
1101(a)(15)(C). An alien defined by section 101(a)(15)(V), or
101(a)(15)(U) of the Act, 8 U.S.C. 1101(a)(15)(V) or 8 U.S.C.
1101(a)(15)(U), may be accorded nonimmigrant status in the United
States by following the procedures set forth respectively in Sec.
214.15(f) or Sec. 214.14 of this chapter.
(b) Except in the case of an alien applying to obtain V
nonimmigrant status in the United States under Sec. 214.15(f) of this
chapter, a change of status may not be approved for an alien who failed
to maintain the previously accorded status or whose status expired
before the application or petition was filed, except that failure to
file before the period of previously authorized status expired may be
excused in the discretion of USCIS, and without separate application,
where it is demonstrated at the time of filing that:
(1) The failure to file a timely application was due to
extraordinary circumstances beyond the control of the applicant or
petitioner, and USCIS finds the delay commensurate with the
circumstances;
(2) The alien has not otherwise violated his or her nonimmigrant
status;
(3) The alien remains a bona fide nonimmigrant; and
(4) The alien is not the subject of removal proceedings under 8 CFR
part 240.
(c) Change of nonimmigrant classification to that of a nonimmigrant
student. (1) Except as provided in paragraph (c)(3) of this section, a
nonimmigrant applying for a change of classification as an F-1 or M-1
student is not considered ineligible for such a change solely because
the applicant may have started attendance at school before the
application was submitted. USCIS will deny an application for a change
to classification as an M-1 student if the applicant intends to pursue
the course of study solely in order to qualify for a subsequent change
of nonimmigrant classification to that of an alien temporary worker
under section 101(a)(15)(H) of the Act. Furthermore, an alien may not
change from classification as an M-1 student to that of an F-1 student.
(2) [Reserved]
(3) A nonimmigrant who is admitted as, or changes status to, a B-1
or B-2 nonimmigrant on or after April 12, 2002, or who files a request
to extend the period of authorized stay as a B-1 or B-2 nonimmigrant on
or after such date, may not pursue a course of study at an approved
school unless the Service has approved his or her application for
change of status to a classification as an F-1 or M-1 student. USCIS
will deny the change of status if the B-1 or B-2 nonimmigrant enrolled
in a course of study before filing the application for change of status
or while the application is pending.
[[Page 14229]]
(d) Application for change of nonimmigrant classification from that
of a student under section 101(a)(15)(M)(i) to that described in
section 101(a)(15)(H). A district director shall deny an application
for change of nonimmigrant classification from that of an M-1 student
to that of an alien temporary worker under section 101(a)(15)(H) of the
Act if the education or training which the student received while an M-
1 student enables the student to meet the qualifications for temporary
worker classification under section 101(a)(15)(H) of the Act.
(e) Change of nonimmigrant classification to that as described in
section 101(a)(15)(N). An application for change to N status shall not
be denied on the grounds the applicant is an intending immigrant.
Change of status shall be granted for three years not to exceed
termination of eligibility under section 101(a)(15)(N) of the Act.
Employment authorization pursuant to section 274(A) of the Act may be
granted to an alien accorded nonimmigrant status under section
101(a)(15)(N) of the Act. Employment authorization is automatically
terminated when the alien changes status or is no longer eligible for
classification under section 101(a)(15)(N) of the Act.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2021-05357 Filed 3-11-21; 4:15 pm]
BILLING CODE 9111-97-P
