U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements; Correction, 20101-20105 [2024-05935]
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20101
Rules and Regulations
Federal Register
Vol. 89, No. 56
Thursday, March 21, 2024
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, 204, 212, 214,
240, 244, 245, 245a, 264, and 274a
[CIS No. 2687–21; DHS Docket No. USCIS
2021–0010]
RIN 1615–AC68
U.S. Citizenship and Immigration
Services Fee Schedule and Changes to
Certain Other Immigration Benefit
Request Requirements; Correction
U.S. Citizenship and
Immigration Services (USCIS),
Department of Homeland Security
(DHS).
ACTION: Final rule; correction.
AGENCY:
II. Summary and Explanation of
Corrections
A. Fee Exemptions and Waivers
USCIS is correcting a final
rule that appeared in the Federal
Register on January 31, 2024. The final
rule amended DHS regulations to adjust
certain immigration and naturalization
benefit request fees charged by USCIS
and made certain changes.
DATES: Effective April 1, 2024.
FOR FURTHER INFORMATION CONTACT:
Carol Cribbs, Deputy Chief Financial
Officer, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 5900 Capital
Gateway Dr., Camp Springs, MD 20746;
telephone 240–721–3000 (this is not a
toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
On January 31, 2024, the Department
of Homeland Security (DHS) published
a final rule in the Federal Register at 89
FR 6194 changing immigration and
naturalization benefit request fees
charged by U.S. Citizenship and
Immigration Services (USCIS), fee
exemptions and fee waiver
requirements, premium processing time
limits, and intercountry adoption
processing (FR Doc. 2024–01427). After
review of the published document, DHS
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identified a few errors in the preamble
and regulatory text.
In the final rule, there were a number
of technical and typographical errors
that are identified and corrected by the
Correction of Errors and Technical
Amendments section of this correcting
document. The provisions in this
correcting document are effective as if
they had been included in the final rule
document that appeared in the January
31, 2024, Federal Register.
Accordingly, the corrections are
effective on April 1, 2024, at 12 a.m.
Eastern Time. This document, and the
corrections included in this document,
do not change how DHS will apply the
final rule; i.e., DHS will apply the
corrected final rule only to applications
and petitions postmarked (or, if
applicable, submitted electronically) on
or after April 1, 2024. Applications and
petitions already pending with USCIS
on April 1, 2024, (i.e., postmarked
before April 1, 2024) will not be subject
to the final rule.
As discussed in the preamble, the
final rule expands fee exemptions for
certain filing categories.1 DHS identified
a number of places where these fee
exemptions were not accurately
contained in either the preamble or
regulatory text:
Form I–765, Application for
Employment Authorization
The final rule created fee exemptions
for a renewal or replacement Form I–
765, Application for Employment
Authorization, when filed by the
following groups:
• Persons seeking or granted special
immigrant visa or status as an Afghan or
Iraqi translator or interpreter, Iraqi
nationals employed by or on behalf of
the U.S. Government, Afghan nationals
employed by or on behalf of the U.S.
Government or employed by the
International Security Assistance Force
(ISAF), and their derivatives.2
• Abused spouses and children of
U.S. citizens and lawful permanent
residents seeking cancellation of
1 See
89 FR at 6196; id. at 6212–32.
89 FR at 6214; id. at 6227–32, Tables 5B,
5C; RIA Tables 46, 47.
2 See
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removal under INA 240A(b)(2), 8 U.S.C.
1229b(b)(2).3
• Current and former U.S. armed
forces service members.4
The final rule’s summary of changes
(II.C), Tables 5B and 5C, and supporting
documents all confirm these additional
fee exemptions. However, DHS
inadvertently omitted the exemptions
for the above groups in the regulatory
text, which only listed the fee
exemptions for an initial I–765 as was
provided in the proposed rule.5
Therefore, DHS corrects the regulatory
text portion of the final rule, 8 CFR
106.2(a)(44)(iv)(E) (on page 6389, first
column); 8 CFR 106.3(b)(3)(vi) (on page
6392, third column); and 8 CFR
106.3(b)(8)(i) (on page 6393, second
column), to provide that a replacement
or renewal Form I–765 is fee exempt for
the groups identified above.
Form I–290B, Notice of Appeal or
Motion
The fee for Form I–290B is waivable
for any benefit where the underlying
form fee is free or waived.6 However, in
the preamble DHS inadvertently omitted
a fee waiver for Form I–765V,
Application for Employment
Authorization for Abused
Nonimmigrant Spouse, in Table 5C.7
Therefore, in Table 5C in the preamble
(page 6230) in the row entitled ‘‘Abused
Spouses of A, E–3, G, and H
Nonimmigrants,’’ DHS adds the text
‘‘Form I–290B’’ to the third column to
indicate that a requester can submit a
request to waive the fee for filing a
motion to reopen or reconsider the
denial of their I–765V.
Form I–601A, Application for
Provisional Unlawful Presence Waiver
The final rule also created an
additional fee exemption for Form I–
601A, Application for Provisional
Unlawful Presence Waiver, when filed
by a person seeking or granted Special
Immigrant Juvenile (SIJ) classification.8
3 See 89 FR at 6214; id. at 6227–32, Tables 5B,
5C; RIA Tables 46, 47.
4 See 89 FR at 6214; id. at 6227–32, Tables 5B,
5C; RIA Tables 46, 47.
5 Cf. 88 FR 402, 592–95 (Jan. 4, 2023) (proposed
8 CFR 106.2(a)(43)(v), (b)(3)(vi), (b)(8)(ii)).
6 See 8 CFR 106.3(a)(3)(ii)(D); see also 8 CFR
106.3(a)(3)(iii).
7 See 89 FR 6230.
8 See 89 FR 6214 (‘‘DHS also provides a fee
exemption for SIJs filing Form I–601A . . . .’’);
Table 5B; RIA Tables 46, 47.
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However, DHS inadvertently omitted
this fee exemption from the regulatory
text and Table 5C. Therefore, in Table
5C in the preamble (on page 6231), in
the row entitled ‘‘SIJs,’’ DHS is adding
the text ‘‘Form I–601A’’ to the second
column. In the regulatory text portion of
the final rule, DHS adds 8 CFR
106.3(b)(1)(vii) (on page 6392) in the
first column to indicate that Form I–
601A is fee exempt for persons seeking
or granted SIJ classification.
Adoption Fees
The final rule provides fee
exemptions for adoption-related forms
and summarizes the new exemptions in
Table 7: Adoption Fees.9 However, this
table was mistakenly referred to as
‘‘Table 8’’ in the preamble.10 DHS
corrects the preamble on page 6307,
third column, of the final rule to include
proper reference to Table 7.
Special Rule Cancellation of Removal
The final rule allows persons to
request a waiver of any fee associated
with a request for special rule
cancellation of removal as a spouse or
child that has been battered or subjected
to extreme cruelty.11 The regulation text
cites 8 U.S.C. 1229(b)(2) as the statute
for this underlying benefit; however, the
proper statutory citation is 8 U.S.C.
1229b(b)(2). The final rule mistakenly
repeats a typo that originated in the
proposed rule.12 Therefore, DHS
corrects the regulatory text, 8 CFR
106.3(a)(3)(iii) (on page 6392, first
column) with the proper legal citation
for special rule cancellation of removal
for spouses and children who have been
battered or subjected to extreme
cruelty.13
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B. Online Filing Fee for Form I–539,
Application To Extend/Change
Nonimmigrant Status
In the preamble, DHS incorrectly
stated the final online filing fee for Form
I–539, Application to Extend/Change
Nonimmigrant Status. The final rule
preamble stated that the Form I–539 fee
for paper filing was $470 and the online
filing fee was also $470.14 While DHS
used the paper filing fee twice in the
same sentence, it meant to include the
$50 discount for online filing, making
the Form I–539 fee $420 when filed
online.15 DHS used the correct online
filing fee of $420 elsewhere in the
9 See
89 FR 6308.
89 FR at 6307 (‘‘A summary of the new
exemptions is listed in Table 8 below.’’)
11 See 8 CFR 106.3(a)(3)(iii); 89 FR at 6392.
12 See 88 FR at 594.
13 See 88 FR at 6392, first column.
14 See 89 FR 6329, second column.
15 See 8 CFR 106.1(g).
10 See
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preamble, including Table 1.16 In the
regulatory text, DHS did not exempt
Form I–539 from the online filing
discount.17 DHS corrects the preamble
of the final rule on page 6329, second
column, to include the proper online
filing fee for Form I–539.18
C. Corrections to Final Regulatory
Flexibility Analysis Tables
DHS corrects three tables in the Final
Regulatory Flexibility Analysis section
of the preamble. DHS identified that the
note under Table 12b, in the preamble,
on page 6362, inadvertently states the
CNMI Educational Fund fee is $30.19
The note should have stated that the
CNMI Educational Fund fee is $210.
This correction does not impact the
analysis of the regulation.
DHS corrects two rows in both Table
15 on page 6365, and Table 17 on page
6366. The dollar amount in the columns
A through F in the row labeled ‘‘L–1A/
L–1B/LZ Blanket’’ and the dollar
amounts in columns A through F in the
row labeled O–1/O–2 petitions were
transposed in both tables. The correct
amounts are shown in Table 1 on page
6198 of the final rule. These corrections
do not impact the analysis of the
regulation.
D. Definition of Nonprofits
DHS defined the term ‘‘nonprofit’’ on
page 6386, column 2, in the final rule
to offer discounts to the Asylum
Program Fee and Form I–129, Petition
for Nonimmigrant Worker, and Form I–
129CW, Petition for a CNMI-Only
Nonimmigrant Transitional Worker.20
DHS intended to administer the
discount for petitioners in the final rule
consistent with the discount provided
from the American Competitiveness and
Workforce Improvement Act
(ACWIA).21 As stated in the final rule
preamble, the INA provides for a
reduced ACWIA fee if a petitioner is a
primary or secondary education
institution, an institution of higher
education, as defined in section 1001(a)
of title 20, a nonprofit entity related to
or affiliated with any such institution, a
nonprofit entity which engages in
established curriculum-related clinical
training of students registered at any
such institution, a nonprofit research
organization, or a governmental research
organization.22 The INA does not define
‘‘nonprofit’’ in terms of the Internal
16 See,
e.g., 89 FR 6200–6201.
8 CFR 106.2(a)(26).
18 See 89 FR 6329, second column.
19 See 89 FR at 6362.
20 See 89 FR 6209–6210, 8 CFR 106.1(f)(2).
21 89 FR 6209–10.
22 Id.; INA section 214(c)(9)(A), 8 U.S.C.
1184(c)(9)(A).
17 See
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Revenue Code (IRC) and the definitions
of ‘‘institution of higher education’’ and
‘‘government research organization’’ in
8 CFR 214.2(h)(19)(iv)(B) are not tied to
the IRC. However, DHS inadvertently
omitted educational organizations from
the definition in 8 CFR 106.1(f)(2). In
this correction, DHS clarifies the
definition to include not-for-profit
primary or secondary educational
institutions, or institutions of higher
education, as defined in section 101(a)
of the Higher Education Act of 1965, 20
U.S.C. 1001(a). This correction is
consistent with the preamble and DHS’
intent.23
E. Online Filing Fee for Small
Employers and Nonprofits
The final rule implements various
discounted fees, sometimes with
exceptions. For example, DHS provides
discounted fees to small employers and
nonprofits for Forms I–129 and I–
129CW and the Asylum Program Fee.24
DHS also revised the range of online
filing fees that were in the proposed rule
to instead use a $50 discount for online
filing in most cases.25 DHS made
exceptions to the $50 discount in
limited circumstances, like when the
form fee is already provided at a
substantial discount or USCIS is
prohibited by law from charging a full
cost recovery level fee.26
DHS did not intend for customers to
combine both the discounts for online
filing and for small employer and
nonprofit fees. DHS applies the same
definition of small employers and
nonprofits to both the Asylum Program
Fee and the fees for Forms I–129 and I–
129CW.27 The preamble and regulatory
text specify that the online filing
discount does not apply to the H–1B
registration fee and the Asylum Program
Fee.28 DHS did not intend to apply
online filing discount in addition to
providing small employer and nonprofit
discounts for the fees for Forms I–129
and I–129CW. Various statements and
tables in the preamble and supporting
documentation support this assertion.
Table 1 in the preamble lists online and
paper filing fees for various benefit
requests as well as the full fee and small
employer and nonprofit fees for Forms
I–129 and I–129CW, but it does not list
23 See
8 CFR 214.2(h)(19)(iii).
89 FR 6195–6196, 6208–6210, 6196, 8 CFR
106.2(a)(3), 8 CFR 106.2(a)(4), 8 CFR 106.2(c)(13).
25 See, e.g., 89 FR 6196, 6211–6212.
26 See, e.g., 89 FR 6211, 8 CFR 106.2(a)(7)(vi), 8
CFR 106.2(a)(50)(iv).
27 See, e.g., 89 FR 6195–6196, 6208–6210, 6291,
8 CFR 106.1(f). DHS clarifies the definition of small
employer and nonprofit elsewhere in this notice.
28 See 8 CFR 106.2(c)(11)(iii), 8 CFR
106.2(c)(13)(iii).
24 See
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rows that combine both discounts.29 In
Table 5 of the Regulatory Impact
Analysis, DHS identifies paper filing
and online filing fees for various benefit
requests and Form I–129 rows do not
have this distinction.30 The same table
does have the distinct fees for small
employers and nonprofits filing Form I–
129.
DHS corrects the final rule to clarify
the $50 online filing discount does not
apply to the small employer and
nonprofit petitions fees for Forms I–129,
I–129CW and the Asylum Program Fee
by amending 8 CFR 106.2(a)(3); adding
8 CFR 106.2(a)(3)(xi) to state, ‘‘The
online filing discount in § 106.1(g) does
not apply to the fee for small employers
and nonprofits in paragraphs (a)(3)(i),
(a)(3)(iii), (a)(3)(v), and (a)(3)(ix) of this
section.’’; and clarifying 8 CFR
106.2(a)(4)(ii).
F. Fee for Form I–129CW for a Small
Employer and Nonprofit
As discussed in the preamble to the
final rule, for nonprofits and businesses
with 25 or fewer FTE employees
(including any affiliates and
subsidiaries) filing Forms I–129 and I–
129CW for the applicable nonimmigrant
classification, DHS is setting the fee at
either the current $460 fee or half of the
new fee whichever is higher.31 The full
fee for Form I–129CW is $1,015.32 Half
of $1,015 rounded to the nearest $5 is
$510.
The final rule for filing Form I–
129CW listed a small employer and
nonprofit fee of $510 in various text and
tables in the final rule preamble.33
Various supporting documents in the
docket likewise list the fee as $510. For
example, Tables 5 and 27 of the
Regulatory Impact Analysis (RIA) for the
final rule lists the small employers and
nonprofits fee for Form I–129CW as
$510.34 Likewise, Table 6 of the
supporting documentation for the final
rule lists the small employers and
nonprofits fee for Form I–129CW as
$510.35 However, the regulatory text for
29 See
89 FR 6198–6204.
U.S. Citizenship and Immigr. Servs., U.S.
Dep’t of Homeland Security, Regulatory Impact
Analysis (Jan. 2024), https://www.regulations.gov/
document/USCIS-2021-0010-8179.
31 See 8 CFR 106.2(a)(3)(i), (a)(3)(iii), (a)(3)(ix),
and (a)(4)(ii). See 89 FR 6194, 6386–7.
32 See 8 CFR 106.2(a)(4)(i); 89 FR at 6386–7. See
also 89 FR at 6198, Table 1; 89 FR at 6362, Table
12b.
33 See, e.g., 89 FR at 6199, Table 1, 89 FR at 6362,
Table 12b.
34 See U.S. Citizenship and Immigr. Servs., U.S.
Dep’t of Homeland Security, Regulatory Impact
Analysis (Jan. 2024), https://www.regulations.gov/
document/USCIS-2021-0010-8179.
35 See U.S. Citizenship and Immigr. Servs., U.S.
Dep’t of Homeland Security, Immigration
Examinations Fee Account, Fee Review Supporting
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30 See
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Form I–129CW inadvertently listed the
prior fee which was $460 at 8 CFR
106.2(a)(4)(ii). Therefore, DHS corrects
the regulatory text portion of the final
rule on page 6387, column 1, 8 CFR
106.2(a)(4)(ii), to indicate that small
employers and nonprofits must submit
a fee of $510 with Form I–129CW.
G. References to Form Instructions
As stated in the final rule, USCIS is
removing fee, fee waiver, fee exemption,
and fee payment information from the
individual information collection (IC)
instructions by consolidating it into the
USCIS Form G–1055, Fee Schedule, and
placing it online on the USCIS website
www.uscis.gov.36 Form instructions will
no longer list fees. However, DHS
inadvertently provided regulatory text
in parts of the final rule that stated or
implied that the form instructions
would include fees. For example, the
final rule provided that the fraud
detection and prevention fee for filing
certain H–1B and L petitions as
described in 8 U.S.C. 1184(c) ‘‘and
USCIS form instructions’’ was $500. 89
FR 6391. Therefore, DHS corrects the
regulatory text portion of the final rule
to remove ‘‘and USCIS form
instructions’’ and similar language
indicating that the form instructions
will contain fee information in the
following places: (1) Page 6391, in the
first column, 8 CFR 106.2 (c)(4); (2) Page
6391, in the first column, 8 CFR
106.2(c)(5)(i); (3) Page 6391, in the first
column, 8 CFR 106.2 (c)(5)(ii); (4) Page
6391, in the first column, in 8 CFR
106.2(c)(6); (5) Page 6398, in the second
column, 8 CFR 214.2 (w)(5). The
reference to form instructions is not
removed in 8 CFR(c)(7), on page 6391,
first column, because the CNMI
education funding fee will be included
in the form instructions for Form I–
129CW.
H. H–1B Registration Fee Regulatory
Text
DHS exempted the H–1B Registration
Fee from the $50 online filing discount
in the regulatory text.37 However, it
created an unnecessary third level
paragraph without a (i) or (ii) preceding
the (iii) at 8 CFR 106.2(c)(11)(iii). As
such, DHS corrects the regulatory text to
add the text from the third level at 8
CFR 106.2(c)(11)(iii) to the second level
at 8 CFR 106.2(c)(11).
Documentation with Addendum (Nov. 2023),
https://www.regulations.gov/document/USCIS2021-0010-8176.
36 See 89 FR 6383.
37 See 89 FR 6391, 8 CFR 106.2(c)(11)(iii).
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I. Form I–800
20103
Fee Regulatory Text
As discussed in the preamble to the
final rule, DHS is setting the fee for
Form I–800, Petition to Classify
Convention Adoptee as an Immediate
Relative, at $920, unless an exemption
applies. See e.g., 89 FR 6311 (Table 7).
However, the regulatory text at 8 CFR
106.2(a)(46) on page 6389, second
column, inadvertently left blank the fee
amount for this form. DHS corrects the
final rule to indicate the fee for Form I–
800 by amending the introductory
paragraph to 8 CFR 106.2(a)(46) to state,
‘‘For filing a petition to classify a
Convention adoptee as an immediate
relative: $920.’’
III. Administrative Procedure Act
Section 553(b) of the Administrative
Procedure Act (APA) generally requires
agencies to publish a notice of proposed
rulemaking in the Federal Register to
provide a period for public comment
before the provisions of a rule take
effect. 5 U.S.C. 553(b). In addition,
section 553(d) of the APA requires
agencies to delay the effective date of
final rules by a minimum of 30 days
after the date of their publication in the
Federal Register. 5 U.S.C. 553(d). Both
of these requirements can be waived if
an agency finds, for good cause, that the
notice and comment process and/or
delayed effective date is impracticable,
unnecessary, or contrary to the public
interest, and incorporates a statement of
the finding and the reasons therefore in
the notice. 5 U.S.C. 553(b)(B), (d)(3).
DHS believes there is good cause for
publishing this correction document
without prior notice and opportunity for
public comment and with an effective
date of less than 30 days because DHS
finds that such procedures are
unnecessary. This document corrects
technical and typographic errors in the
preamble (including tables) and
regulatory text, but does not make
substantive changes to the policies that
were adopted in the final rule. This
document merely conforms erroneous
portions of the final rule to the agency’s
clearly expressed contemporaneous
intent. As a result, this correcting
document’s sole function is to ensure
that the information in the January 31,
2024 final rule accurately reflects the
policies adopted in that final rule, prior
to which DHS issued a notice of
proposed rulemaking and received
public comment. Therefore, DHS
believes that it has good cause to waive
the notice and comment and effective
date requirements of section 553 of the
APA.
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IV. Correction of Errors and Technical
Amendments
Accordingly, the publication final
rule at 89 FR 6194, (FR Doc. 2024–
01427) is corrected as follows:
A. Correction of Errors in the Preamble
1. On page 6230, in Table 5C: Forms
for Fee Waivers and Fee Exemptions, as
of Effective Date of this Final Rule, the
eighth row in the table labeled ‘‘Abused
spouses of A, E–3, G, and H
Nonimmigrants’’ and the third column
(Fee Waiver Eligibility), Table 5C is
corrected by removing ‘‘Not applicable’’
and inserting a new bullet reading
‘‘• Form I–290B.’’
2. On page 6231, in Table 5C: Forms
for Fee Waivers and Fee Exemptions, as
of Effective Date of this Final Rule, the
tenth row in the table labeled, SIJs, and
the second column (Fee Exemptions),
Petitioners (Matched Only), row 12,
Note, in Table 12b of the table, is
corrected by removing ‘‘$30’’ and
adding its place ‘‘$210.’’
6. On page 6365, in Table 15, USCIS
Final Fees for Form 1–129 Petition for
Nonimmigrant Worker by Classification,
for Small Entities with 25 or Fewer FTE
Employees, correct the ninth and tenth
rows of the table, labeled as ‘‘L–1A/L–
1B/LZ Blanket’’ and ‘‘O–1/O–2’’, by
removing the values in columns A
through F of row nine labeled ‘‘L–1A/
L–1B/LZ Blanket’’ and adding in their
place the dollar amounts in columns A
through F of the row labeled ‘‘O–1/O–
2’’ and removing the dollar amounts in
row ten labeled ‘‘O–1/O–2’’ with the
dollar amounts in columns A through F
of the row labeled ‘‘L–1A/L–1B/LZ
Blankets.’’ The corrected rows read as
follows:
L–1A/L–1B/LZ Blanket
$460
$695
$300
$995
$535
116.3%
O–1/O–2
$460
$530
$300
$830
$370
80.4%
7. On page 6366, in Table 17. USCIS
Final Fees for Form 1–129 Petition for
Nonimmigrant Worker by Classification,
for Nonprofit Small Entities, correct the
ninth and tenth rows of the table,
labeled as ‘‘L–1A/L–1B/LZ Blanket’’ and
‘‘O–1/O–2’’, by moving all the values in
row nine labeled ‘‘L–1A/L–1B/LZ
Blanket’’ to row ten, labeled ‘‘O–1/O–2’’
and moving all the values in row ten
labeled, ‘‘O–1/O–2’’ up to row nine,
labeled ‘‘L–1A/L–1B/LZ Blanket.’’. The
corrected rows read as follows:
L–1A/L–1B/LZ Blanket
$460
$695
$0
$695
$235
51.1%
O–1/O–2
$460
$530
$0
$530
$70
15.2%
B. Correction of Errors in the Regulatory
Text
1. On page 6386, in the second
column, in instruction 7 in § 106.1,
correct paragraph (f)(2) to read as
follows:
■
§ 106.1
[Corrected]
*
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Table 5C is corrected by inserting a new
bullet reading ‘‘• Form I–601A’’ after
the bullet reading ‘‘• Form I–601.’’
3. On page 6307, in the third column,
line eight, the language ‘‘Table 8 below’’
is corrected by removing the number 8
and adding in its place the number 7.
4. On page 6329, in the second
column, Section, e. Form I–539 Extend/
Change Nonimmigrant Status, Response,
line eight, remove the sentence ‘‘For
these reasons, this Final Rule lowers the
proposed Form I–539 fee from $620 to
$470 for paper filings, and from $525 to
$470 for online filings.’’ and add in its
place a sentence to read: ‘‘For these
reasons, this Final Rule lowers the
proposed Form I–539 fee from $620 to
$470 for paper filings, and from $525 to
$420 for online filings.’’
5. On page 6362, Table 12b. Fee
Summary Table for Form I–129
*
*
*
*
(f) * * *
(2) Nonprofit means not-for-profit
primary or secondary educational
institutions, or institutions of higher
education, as defined in section 101(a)
of the Higher Education Act of 1965, 20
U.S.C. 1001(a); organizations organized
as tax exempt under the Internal
Revenue Code of 1986, section 501(c)(3),
26 U.S.C. 501(c)(3); or governmental
research organizations as defined under
8 CFR 214.2(h)(19)(iii)(C).
*
*
*
*
*
■ 2. Starting on page 6386, in the third
column, in instruction 7 correct § 106.2
by:
■ a. Adding paragraph (a)(3)(xi);
■ b. On page 6387, in the first column,
correcting paragraph (a)(4)(ii);
VerDate Sep<11>2014
15:50 Mar 20, 2024
Jkt 262001
c. On page 6389, in the second
column, adding paragraph (a)(44)(iv)(E);
■ d. Revising paragraph (a)(46)
introductory text;
■ e. On page 6391, in the first column,
in paragraph (c)(4) removing the words
‘‘and USCIS form instructions’’.
■ f. On page 6391, in the first column,
in paragraph (c)(5)(i) removing the
words ‘‘and USCIS form instructions’’.
■ g. On page 6391, in the first column,
in paragraph (c)(5)(ii) removing the
words ‘‘and USCIS form instructions’’.
■ h. On page 6391, in the first column,
in paragraph (c)(6) removing the words
‘‘and USCIS form instructions’’.
■ i. On page 6391, in the second
column, revising paragraph (c)(11).
The additions and revisions read as
follows:
■
§ 106.2
[Corrected]
(a) * * *
(3) * * *
(xi) The online filing discount in
§ 106.1(g) does not apply to the fee for
small employers and nonprofits in
paragraphs (a)(3)(i), (a)(3)(iii), (a)(3)(v),
and (a)(3)(ix) of this section.’’
(4) * * *
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
(ii) For small employers and
nonprofits: $510. For the Semiannual
Report for CW–1 Employers (Form I–
129CWR): No fee. The online filing
discount in § 106.1(g) does not apply.
*
*
*
*
*
(44) * * *
(iv) * * *
(E) Current or former U.S. armed
forces service members.
*
*
*
*
*
(46) Petition to Classify Convention
Adoptee as an Immediate Relative,
Form I–800. For filing a petition to
classify a Convention adoptee as an
immediate relative: $920.
*
*
*
*
*
(c) * * *
(11) Registration requirement for
petitioners seeking to file H–1B
petitions on behalf of cap-subject aliens.
For each registration submitted to
register for the H–1B cap or advanced
degree exemption selection process:
$215. This fee is not subject to the
online discount provided in § 106.1(g).
*
*
*
*
*
E:\FR\FM\21MRR1.SGM
21MRR1
Federal Register / Vol. 89, No. 56 / Thursday, March 21, 2024 / Rules and Regulations
3. Starting on page 6392, in the first
column, in instruction 7, correct § 106.3
by:
■ a. In paragraph (a)(3)(iii) removing the
citation to ‘‘8 U.S.C. 1229(b)(2) and
adding in its place the citation ‘‘8 U.S.C.
1229b(b)(2)’’;
■ b. On page 6392, in the second
column, adding paragraph (b)(1)(vii);
■ c. On page 6392, in the third column,
in paragraph (b)(3)(vi) removing the
word ‘‘initial’’;
■ d. On page 6393, in the second
column, in paragraph (b)(8)(i) removing
the words ‘‘for their initial request’’.
The addition reads as follows:
■
§ 106.3
*
[Corrected]
*
*
*
*
(b)
(1)
(vii) Application for Provisional
Unlawful Presence Waiver (Form I–
601A).
*
*
*
*
*
§ 214.2
[Corrected]
4. On page 6398, in the second
column, in § 214.2, paragraph (w)(5) is
corrected by removing the words ‘‘the
form instructions and’’.
■
Christina E. McDonald,
Associate General Counsel for Regulatory
Affairs, Department of Homeland Security.
[FR Doc. 2024–05935 Filed 3–19–24; 4:15 pm]
BILLING CODE 9111–97–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2024–0860; Airspace
Docket No. 24–ASO–9
RIN 2120–AA66
Establishment of Class E Airspace;
Milton, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
E airspace that was inadvertently
removed for Whiting Field Naval Air
Station, Milton, FL.
DATES: Effective 0901 UTC, May 16,
2024. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order JO 7400.11 and publication of
conforming amendments.
ADDRESSES: This final rule may be
viewed online at www.regulations.gov
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:50 Mar 20, 2024
Jkt 262001
using the FAA Docket number.
Electronic retrieval help and guidelines
are available on the website. It is
available 24 hours a day, 365 days a
year.
FAA Order JO 7400.11H, Airspace
Designations, and Reporting Points, as
well as subsequent amendments, can be
viewed online at www.faa.gov/air_
traffic/publications/. For further
information, contact the Airspace Policy
Group, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone: (202) 267–8783.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Avenue,
College Park, GA 30337; telephone:
(404) 305–6364.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority, as it establishes
Class E airspace extending upward from
700 feet above the surface for Whiting
Field Naval Air Station, Milton, FL. The
FAA inadvertently removed this
airspace in a previous action.
Incorporation by Reference
Class E airspace is published in
paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and
Reporting Points, incorporated by
reference in 14 CFR 71.1 annually. This
document amends the current version of
that order, FAA Order JO 7400.11H,
dated August 11, 2023, and effective
September 15, 2023. FAA Order JO
7400.11H is publicly available as listed
in the ADDRESSES section of this
document. These amendments will be
published in the next FAA Order JO
7400.11 update. FAA Order JO
7400.11H lists Class A, B, C, D, and E
airspace areas, air traffic service routes,
and reporting points.
The Rule
This amendment to 14 CFR part 71
establishes Class E airspace extending
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
20105
upward from 700 feet above the surface
for Whiting Field Naval Air Station,
Milton, FL, as this airspace was
inadvertently removed in a previous
action. Controlled airspace is necessary
for the area’s safety and management of
instrument flight rules (IFR) operations.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore: (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this proposed rule,
when promulgated, will not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances warrant
the preparation of an environmental
assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
■
E:\FR\FM\21MRR1.SGM
21MRR1
]]>Agencies
[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Rules and Regulations]
[Pages 20101-20105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05935]
========================================================================
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. 89, No. 56 / Thursday, March 21, 2024 / Rules
and Regulations
[[Page 20101]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 106, 204, 212, 214, 240, 244, 245, 245a, 264, and
274a
[CIS No. 2687-21; DHS Docket No. USCIS 2021-0010]
RIN 1615-AC68
U.S. Citizenship and Immigration Services Fee Schedule and
Changes to Certain Other Immigration Benefit Request Requirements;
Correction
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: USCIS is correcting a final rule that appeared in the Federal
Register on January 31, 2024. The final rule amended DHS regulations to
adjust certain immigration and naturalization benefit request fees
charged by USCIS and made certain changes.
DATES: Effective April 1, 2024.
FOR FURTHER INFORMATION CONTACT: Carol Cribbs, Deputy Chief Financial
Officer, U.S. Citizenship and Immigration Services, Department of
Homeland Security, 5900 Capital Gateway Dr., Camp Springs, MD 20746;
telephone 240-721-3000 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
On January 31, 2024, the Department of Homeland Security (DHS)
published a final rule in the Federal Register at 89 FR 6194 changing
immigration and naturalization benefit request fees charged by U.S.
Citizenship and Immigration Services (USCIS), fee exemptions and fee
waiver requirements, premium processing time limits, and intercountry
adoption processing (FR Doc. 2024-01427). After review of the published
document, DHS identified a few errors in the preamble and regulatory
text.
In the final rule, there were a number of technical and
typographical errors that are identified and corrected by the
Correction of Errors and Technical Amendments section of this
correcting document. The provisions in this correcting document are
effective as if they had been included in the final rule document that
appeared in the January 31, 2024, Federal Register.
Accordingly, the corrections are effective on April 1, 2024, at 12
a.m. Eastern Time. This document, and the corrections included in this
document, do not change how DHS will apply the final rule; i.e., DHS
will apply the corrected final rule only to applications and petitions
postmarked (or, if applicable, submitted electronically) on or after
April 1, 2024. Applications and petitions already pending with USCIS on
April 1, 2024, (i.e., postmarked before April 1, 2024) will not be
subject to the final rule.
II. Summary and Explanation of Corrections
A. Fee Exemptions and Waivers
As discussed in the preamble, the final rule expands fee exemptions
for certain filing categories.\1\ DHS identified a number of places
where these fee exemptions were not accurately contained in either the
preamble or regulatory text:
---------------------------------------------------------------------------
\1\ See 89 FR at 6196; id. at 6212-32.
---------------------------------------------------------------------------
Form I-765, Application for Employment Authorization
The final rule created fee exemptions for a renewal or replacement
Form I-765, Application for Employment Authorization, when filed by the
following groups:
Persons seeking or granted special immigrant visa or
status as an Afghan or Iraqi translator or interpreter, Iraqi nationals
employed by or on behalf of the U.S. Government, Afghan nationals
employed by or on behalf of the U.S. Government or employed by the
International Security Assistance Force (ISAF), and their
derivatives.\2\
---------------------------------------------------------------------------
\2\ See 89 FR at 6214; id. at 6227-32, Tables 5B, 5C; RIA Tables
46, 47.
---------------------------------------------------------------------------
Abused spouses and children of U.S. citizens and lawful
permanent residents seeking cancellation of removal under INA
240A(b)(2), 8 U.S.C. 1229b(b)(2).\3\
---------------------------------------------------------------------------
\3\ See 89 FR at 6214; id. at 6227-32, Tables 5B, 5C; RIA Tables
46, 47.
---------------------------------------------------------------------------
Current and former U.S. armed forces service members.\4\
---------------------------------------------------------------------------
\4\ See 89 FR at 6214; id. at 6227-32, Tables 5B, 5C; RIA Tables
46, 47.
---------------------------------------------------------------------------
The final rule's summary of changes (II.C), Tables 5B and 5C, and
supporting documents all confirm these additional fee exemptions.
However, DHS inadvertently omitted the exemptions for the above groups
in the regulatory text, which only listed the fee exemptions for an
initial I-765 as was provided in the proposed rule.\5\ Therefore, DHS
corrects the regulatory text portion of the final rule, 8 CFR
106.2(a)(44)(iv)(E) (on page 6389, first column); 8 CFR 106.3(b)(3)(vi)
(on page 6392, third column); and 8 CFR 106.3(b)(8)(i) (on page 6393,
second column), to provide that a replacement or renewal Form I-765 is
fee exempt for the groups identified above.
---------------------------------------------------------------------------
\5\ Cf. 88 FR 402, 592-95 (Jan. 4, 2023) (proposed 8 CFR
106.2(a)(43)(v), (b)(3)(vi), (b)(8)(ii)).
---------------------------------------------------------------------------
Form I-290B, Notice of Appeal or Motion
The fee for Form I-290B is waivable for any benefit where the
underlying form fee is free or waived.\6\ However, in the preamble DHS
inadvertently omitted a fee waiver for Form I-765V, Application for
Employment Authorization for Abused Nonimmigrant Spouse, in Table
5C.\7\ Therefore, in Table 5C in the preamble (page 6230) in the row
entitled ``Abused Spouses of A, E-3, G, and H Nonimmigrants,'' DHS adds
the text ``Form I-290B'' to the third column to indicate that a
requester can submit a request to waive the fee for filing a motion to
reopen or reconsider the denial of their I-765V.
---------------------------------------------------------------------------
\6\ See 8 CFR 106.3(a)(3)(ii)(D); see also 8 CFR
106.3(a)(3)(iii).
\7\ See 89 FR 6230.
---------------------------------------------------------------------------
Form I-601A, Application for Provisional Unlawful Presence Waiver
The final rule also created an additional fee exemption for Form I-
601A, Application for Provisional Unlawful Presence Waiver, when filed
by a person seeking or granted Special Immigrant Juvenile (SIJ)
classification.\8\
[[Page 20102]]
However, DHS inadvertently omitted this fee exemption from the
regulatory text and Table 5C. Therefore, in Table 5C in the preamble
(on page 6231), in the row entitled ``SIJs,'' DHS is adding the text
``Form I-601A'' to the second column. In the regulatory text portion of
the final rule, DHS adds 8 CFR 106.3(b)(1)(vii) (on page 6392) in the
first column to indicate that Form I-601A is fee exempt for persons
seeking or granted SIJ classification.
---------------------------------------------------------------------------
\8\ See 89 FR 6214 (``DHS also provides a fee exemption for SIJs
filing Form I-601A . . . .''); Table 5B; RIA Tables 46, 47.
---------------------------------------------------------------------------
Adoption Fees
The final rule provides fee exemptions for adoption-related forms
and summarizes the new exemptions in Table 7: Adoption Fees.\9\
However, this table was mistakenly referred to as ``Table 8'' in the
preamble.\10\ DHS corrects the preamble on page 6307, third column, of
the final rule to include proper reference to Table 7.
---------------------------------------------------------------------------
\9\ See 89 FR 6308.
\10\ See 89 FR at 6307 (``A summary of the new exemptions is
listed in Table 8 below.'')
---------------------------------------------------------------------------
Special Rule Cancellation of Removal
The final rule allows persons to request a waiver of any fee
associated with a request for special rule cancellation of removal as a
spouse or child that has been battered or subjected to extreme
cruelty.\11\ The regulation text cites 8 U.S.C. 1229(b)(2) as the
statute for this underlying benefit; however, the proper statutory
citation is 8 U.S.C. 1229b(b)(2). The final rule mistakenly repeats a
typo that originated in the proposed rule.\12\ Therefore, DHS corrects
the regulatory text, 8 CFR 106.3(a)(3)(iii) (on page 6392, first
column) with the proper legal citation for special rule cancellation of
removal for spouses and children who have been battered or subjected to
extreme cruelty.\13\
---------------------------------------------------------------------------
\11\ See 8 CFR 106.3(a)(3)(iii); 89 FR at 6392.
\12\ See 88 FR at 594.
\13\ See 88 FR at 6392, first column.
---------------------------------------------------------------------------
B. Online Filing Fee for Form I-539, Application To Extend/Change
Nonimmigrant Status
In the preamble, DHS incorrectly stated the final online filing fee
for Form I-539, Application to Extend/Change Nonimmigrant Status. The
final rule preamble stated that the Form I-539 fee for paper filing was
$470 and the online filing fee was also $470.\14\ While DHS used the
paper filing fee twice in the same sentence, it meant to include the
$50 discount for online filing, making the Form I-539 fee $420 when
filed online.\15\ DHS used the correct online filing fee of $420
elsewhere in the preamble, including Table 1.\16\ In the regulatory
text, DHS did not exempt Form I-539 from the online filing
discount.\17\ DHS corrects the preamble of the final rule on page 6329,
second column, to include the proper online filing fee for Form I-
539.\18\
---------------------------------------------------------------------------
\14\ See 89 FR 6329, second column.
\15\ See 8 CFR 106.1(g).
\16\ See, e.g., 89 FR 6200-6201.
\17\ See 8 CFR 106.2(a)(26).
\18\ See 89 FR 6329, second column.
---------------------------------------------------------------------------
C. Corrections to Final Regulatory Flexibility Analysis Tables
DHS corrects three tables in the Final Regulatory Flexibility
Analysis section of the preamble. DHS identified that the note under
Table 12b, in the preamble, on page 6362, inadvertently states the CNMI
Educational Fund fee is $30.\19\ The note should have stated that the
CNMI Educational Fund fee is $210. This correction does not impact the
analysis of the regulation.
---------------------------------------------------------------------------
\19\ See 89 FR at 6362.
---------------------------------------------------------------------------
DHS corrects two rows in both Table 15 on page 6365, and Table 17
on page 6366. The dollar amount in the columns A through F in the row
labeled ``L-1A/L-1B/LZ Blanket'' and the dollar amounts in columns A
through F in the row labeled O-1/O-2 petitions were transposed in both
tables. The correct amounts are shown in Table 1 on page 6198 of the
final rule. These corrections do not impact the analysis of the
regulation.
D. Definition of Nonprofits
DHS defined the term ``nonprofit'' on page 6386, column 2, in the
final rule to offer discounts to the Asylum Program Fee and Form I-129,
Petition for Nonimmigrant Worker, and Form I-129CW, Petition for a
CNMI-Only Nonimmigrant Transitional Worker.\20\ DHS intended to
administer the discount for petitioners in the final rule consistent
with the discount provided from the American Competitiveness and
Workforce Improvement Act (ACWIA).\21\ As stated in the final rule
preamble, the INA provides for a reduced ACWIA fee if a petitioner is a
primary or secondary education institution, an institution of higher
education, as defined in section 1001(a) of title 20, a nonprofit
entity related to or affiliated with any such institution, a nonprofit
entity which engages in established curriculum-related clinical
training of students registered at any such institution, a nonprofit
research organization, or a governmental research organization.\22\ The
INA does not define ``nonprofit'' in terms of the Internal Revenue Code
(IRC) and the definitions of ``institution of higher education'' and
``government research organization'' in 8 CFR 214.2(h)(19)(iv)(B) are
not tied to the IRC. However, DHS inadvertently omitted educational
organizations from the definition in 8 CFR 106.1(f)(2). In this
correction, DHS clarifies the definition to include not-for-profit
primary or secondary educational institutions, or institutions of
higher education, as defined in section 101(a) of the Higher Education
Act of 1965, 20 U.S.C. 1001(a). This correction is consistent with the
preamble and DHS' intent.\23\
---------------------------------------------------------------------------
\20\ See 89 FR 6209-6210, 8 CFR 106.1(f)(2).
\21\ 89 FR 6209-10.
\22\ Id.; INA section 214(c)(9)(A), 8 U.S.C. 1184(c)(9)(A).
\23\ See 8 CFR 214.2(h)(19)(iii).
---------------------------------------------------------------------------
E. Online Filing Fee for Small Employers and Nonprofits
The final rule implements various discounted fees, sometimes with
exceptions. For example, DHS provides discounted fees to small
employers and nonprofits for Forms I-129 and I-129CW and the Asylum
Program Fee.\24\ DHS also revised the range of online filing fees that
were in the proposed rule to instead use a $50 discount for online
filing in most cases.\25\ DHS made exceptions to the $50 discount in
limited circumstances, like when the form fee is already provided at a
substantial discount or USCIS is prohibited by law from charging a full
cost recovery level fee.\26\
---------------------------------------------------------------------------
\24\ See 89 FR 6195-6196, 6208-6210, 6196, 8 CFR 106.2(a)(3), 8
CFR 106.2(a)(4), 8 CFR 106.2(c)(13).
\25\ See, e.g., 89 FR 6196, 6211-6212.
\26\ See, e.g., 89 FR 6211, 8 CFR 106.2(a)(7)(vi), 8 CFR
106.2(a)(50)(iv).
---------------------------------------------------------------------------
DHS did not intend for customers to combine both the discounts for
online filing and for small employer and nonprofit fees. DHS applies
the same definition of small employers and nonprofits to both the
Asylum Program Fee and the fees for Forms I-129 and I-129CW.\27\ The
preamble and regulatory text specify that the online filing discount
does not apply to the H-1B registration fee and the Asylum Program
Fee.\28\ DHS did not intend to apply online filing discount in addition
to providing small employer and nonprofit discounts for the fees for
Forms I-129 and I-129CW. Various statements and tables in the preamble
and supporting documentation support this assertion. Table 1 in the
preamble lists online and paper filing fees for various benefit
requests as well as the full fee and small employer and nonprofit fees
for Forms I-129 and I-129CW, but it does not list
[[Page 20103]]
rows that combine both discounts.\29\ In Table 5 of the Regulatory
Impact Analysis, DHS identifies paper filing and online filing fees for
various benefit requests and Form I-129 rows do not have this
distinction.\30\ The same table does have the distinct fees for small
employers and nonprofits filing Form I-129.
---------------------------------------------------------------------------
\27\ See, e.g., 89 FR 6195-6196, 6208-6210, 6291, 8 CFR
106.1(f). DHS clarifies the definition of small employer and
nonprofit elsewhere in this notice.
\28\ See 8 CFR 106.2(c)(11)(iii), 8 CFR 106.2(c)(13)(iii).
\29\ See 89 FR 6198-6204.
\30\ See U.S. Citizenship and Immigr. Servs., U.S. Dep't of
Homeland Security, Regulatory Impact Analysis (Jan. 2024), https://www.regulations.gov/document/USCIS-2021-0010-8179.
---------------------------------------------------------------------------
DHS corrects the final rule to clarify the $50 online filing
discount does not apply to the small employer and nonprofit petitions
fees for Forms I-129, I-129CW and the Asylum Program Fee by amending 8
CFR 106.2(a)(3); adding 8 CFR 106.2(a)(3)(xi) to state, ``The online
filing discount in Sec. 106.1(g) does not apply to the fee for small
employers and nonprofits in paragraphs (a)(3)(i), (a)(3)(iii),
(a)(3)(v), and (a)(3)(ix) of this section.''; and clarifying 8 CFR
106.2(a)(4)(ii).
F. Fee for Form I-129CW for a Small Employer and Nonprofit
As discussed in the preamble to the final rule, for nonprofits and
businesses with 25 or fewer FTE employees (including any affiliates and
subsidiaries) filing Forms I-129 and I-129CW for the applicable
nonimmigrant classification, DHS is setting the fee at either the
current $460 fee or half of the new fee whichever is higher.\31\ The
full fee for Form I-129CW is $1,015.\32\ Half of $1,015 rounded to the
nearest $5 is $510.
---------------------------------------------------------------------------
\31\ See 8 CFR 106.2(a)(3)(i), (a)(3)(iii), (a)(3)(ix), and
(a)(4)(ii). See 89 FR 6194, 6386-7.
\32\ See 8 CFR 106.2(a)(4)(i); 89 FR at 6386-7. See also 89 FR
at 6198, Table 1; 89 FR at 6362, Table 12b.
---------------------------------------------------------------------------
The final rule for filing Form I-129CW listed a small employer and
nonprofit fee of $510 in various text and tables in the final rule
preamble.\33\ Various supporting documents in the docket likewise list
the fee as $510. For example, Tables 5 and 27 of the Regulatory Impact
Analysis (RIA) for the final rule lists the small employers and
nonprofits fee for Form I-129CW as $510.\34\ Likewise, Table 6 of the
supporting documentation for the final rule lists the small employers
and nonprofits fee for Form I-129CW as $510.\35\ However, the
regulatory text for Form I-129CW inadvertently listed the prior fee
which was $460 at 8 CFR 106.2(a)(4)(ii). Therefore, DHS corrects the
regulatory text portion of the final rule on page 6387, column 1, 8 CFR
106.2(a)(4)(ii), to indicate that small employers and nonprofits must
submit a fee of $510 with Form I-129CW.
---------------------------------------------------------------------------
\33\ See, e.g., 89 FR at 6199, Table 1, 89 FR at 6362, Table
12b.
\34\ See U.S. Citizenship and Immigr. Servs., U.S. Dep't of
Homeland Security, Regulatory Impact Analysis (Jan. 2024), https://www.regulations.gov/document/USCIS-2021-0010-8179.
\35\ See U.S. Citizenship and Immigr. Servs., U.S. Dep't of
Homeland Security, Immigration Examinations Fee Account, Fee Review
Supporting Documentation with Addendum (Nov. 2023), https://www.regulations.gov/document/USCIS-2021-0010-8176.
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G. References to Form Instructions
As stated in the final rule, USCIS is removing fee, fee waiver, fee
exemption, and fee payment information from the individual information
collection (IC) instructions by consolidating it into the USCIS Form G-
1055, Fee Schedule, and placing it online on the USCIS website
www.uscis.gov.\36\ Form instructions will no longer list fees. However,
DHS inadvertently provided regulatory text in parts of the final rule
that stated or implied that the form instructions would include fees.
For example, the final rule provided that the fraud detection and
prevention fee for filing certain H-1B and L petitions as described in
8 U.S.C. 1184(c) ``and USCIS form instructions'' was $500. 89 FR 6391.
Therefore, DHS corrects the regulatory text portion of the final rule
to remove ``and USCIS form instructions'' and similar language
indicating that the form instructions will contain fee information in
the following places: (1) Page 6391, in the first column, 8 CFR 106.2
(c)(4); (2) Page 6391, in the first column, 8 CFR 106.2(c)(5)(i); (3)
Page 6391, in the first column, 8 CFR 106.2 (c)(5)(ii); (4) Page 6391,
in the first column, in 8 CFR 106.2(c)(6); (5) Page 6398, in the second
column, 8 CFR 214.2 (w)(5). The reference to form instructions is not
removed in 8 CFR(c)(7), on page 6391, first column, because the CNMI
education funding fee will be included in the form instructions for
Form I-129CW.
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\36\ See 89 FR 6383.
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H. H-1B Registration Fee Regulatory Text
DHS exempted the H-1B Registration Fee from the $50 online filing
discount in the regulatory text.\37\ However, it created an unnecessary
third level paragraph without a (i) or (ii) preceding the (iii) at 8
CFR 106.2(c)(11)(iii). As such, DHS corrects the regulatory text to add
the text from the third level at 8 CFR 106.2(c)(11)(iii) to the second
level at 8 CFR 106.2(c)(11).
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\37\ See 89 FR 6391, 8 CFR 106.2(c)(11)(iii).
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I. Form I-800 Fee Regulatory Text
As discussed in the preamble to the final rule, DHS is setting the
fee for Form I-800, Petition to Classify Convention Adoptee as an
Immediate Relative, at $920, unless an exemption applies. See e.g., 89
FR 6311 (Table 7). However, the regulatory text at 8 CFR 106.2(a)(46)
on page 6389, second column, inadvertently left blank the fee amount
for this form. DHS corrects the final rule to indicate the fee for Form
I-800 by amending the introductory paragraph to 8 CFR 106.2(a)(46) to
state, ``For filing a petition to classify a Convention adoptee as an
immediate relative: $920.''
III. Administrative Procedure Act
Section 553(b) of the Administrative Procedure Act (APA) generally
requires agencies to publish a notice of proposed rulemaking in the
Federal Register to provide a period for public comment before the
provisions of a rule take effect. 5 U.S.C. 553(b). In addition, section
553(d) of the APA requires agencies to delay the effective date of
final rules by a minimum of 30 days after the date of their publication
in the Federal Register. 5 U.S.C. 553(d). Both of these requirements
can be waived if an agency finds, for good cause, that the notice and
comment process and/or delayed effective date is impracticable,
unnecessary, or contrary to the public interest, and incorporates a
statement of the finding and the reasons therefore in the notice. 5
U.S.C. 553(b)(B), (d)(3).
DHS believes there is good cause for publishing this correction
document without prior notice and opportunity for public comment and
with an effective date of less than 30 days because DHS finds that such
procedures are unnecessary. This document corrects technical and
typographic errors in the preamble (including tables) and regulatory
text, but does not make substantive changes to the policies that were
adopted in the final rule. This document merely conforms erroneous
portions of the final rule to the agency's clearly expressed
contemporaneous intent. As a result, this correcting document's sole
function is to ensure that the information in the January 31, 2024
final rule accurately reflects the policies adopted in that final rule,
prior to which DHS issued a notice of proposed rulemaking and received
public comment. Therefore, DHS believes that it has good cause to waive
the notice and comment and effective date requirements of section 553
of the APA.
[[Page 20104]]
IV. Correction of Errors and Technical Amendments
Accordingly, the publication final rule at 89 FR 6194, (FR Doc.
2024-01427) is corrected as follows:
A. Correction of Errors in the Preamble
1. On page 6230, in Table 5C: Forms for Fee Waivers and Fee
Exemptions, as of Effective Date of this Final Rule, the eighth row in
the table labeled ``Abused spouses of A, E-3, G, and H Nonimmigrants''
and the third column (Fee Waiver Eligibility), Table 5C is corrected by
removing ``Not applicable'' and inserting a new bullet reading
`` Form I-290B.''
2. On page 6231, in Table 5C: Forms for Fee Waivers and Fee
Exemptions, as of Effective Date of this Final Rule, the tenth row in
the table labeled, SIJs, and the second column (Fee Exemptions), Table
5C is corrected by inserting a new bullet reading `` Form I-
601A'' after the bullet reading `` Form I-601.''
3. On page 6307, in the third column, line eight, the language
``Table 8 below'' is corrected by removing the number 8 and adding in
its place the number 7.
4. On page 6329, in the second column, Section, e. Form I-539
Extend/Change Nonimmigrant Status, Response, line eight, remove the
sentence ``For these reasons, this Final Rule lowers the proposed Form
I-539 fee from $620 to $470 for paper filings, and from $525 to $470
for online filings.'' and add in its place a sentence to read: ``For
these reasons, this Final Rule lowers the proposed Form I-539 fee from
$620 to $470 for paper filings, and from $525 to $420 for online
filings.''
5. On page 6362, Table 12b. Fee Summary Table for Form I-129
Petitioners (Matched Only), row 12, Note, in Table 12b of the table, is
corrected by removing ``$30'' and adding its place ``$210.''
6. On page 6365, in Table 15, USCIS Final Fees for Form 1-129
Petition for Nonimmigrant Worker by Classification, for Small Entities
with 25 or Fewer FTE Employees, correct the ninth and tenth rows of the
table, labeled as ``L-1A/L-1B/LZ Blanket'' and ``O-1/O-2'', by removing
the values in columns A through F of row nine labeled ``L-1A/L-1B/LZ
Blanket'' and adding in their place the dollar amounts in columns A
through F of the row labeled ``O-1/O-2'' and removing the dollar
amounts in row ten labeled ``O-1/O-2'' with the dollar amounts in
columns A through F of the row labeled ``L-1A/L-1B/LZ Blankets.'' The
corrected rows read as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
L-1A/L-1B/LZ $460 $695 $300 $995 $535 116.3%
Blanket
--------------------------------------------------------------------------------------------------------------------------------------------------------
O-1/O-2 $460 $530 $300 $830 $370 80.4%
--------------------------------------------------------------------------------------------------------------------------------------------------------
7. On page 6366, in Table 17. USCIS Final Fees for Form 1-129
Petition for Nonimmigrant Worker by Classification, for Nonprofit Small
Entities, correct the ninth and tenth rows of the table, labeled as
``L-1A/L-1B/LZ Blanket'' and ``O-1/O-2'', by moving all the values in
row nine labeled ``L-1A/L-1B/LZ Blanket'' to row ten, labeled ``O-1/O-
2'' and moving all the values in row ten labeled, ``O-1/O-2'' up to row
nine, labeled ``L-1A/L-1B/LZ Blanket.''. The corrected rows read as
follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
L-1A/L-1B/LZ $460 $695 $0 $695 $235 51.1%
Blanket
--------------------------------------------------------------------------------------------------------------------------------------------------------
O-1/O-2 $460 $530 $0 $530 $70 15.2%
--------------------------------------------------------------------------------------------------------------------------------------------------------
B. Correction of Errors in the Regulatory Text
0
1. On page 6386, in the second column, in instruction 7 in Sec. 106.1,
correct paragraph (f)(2) to read as follows:
Sec. 106.1 [Corrected]
* * * * *
(f) * * *
(2) Nonprofit means not-for-profit primary or secondary educational
institutions, or institutions of higher education, as defined in
section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
organizations organized as tax exempt under the Internal Revenue Code
of 1986, section 501(c)(3), 26 U.S.C. 501(c)(3); or governmental
research organizations as defined under 8 CFR 214.2(h)(19)(iii)(C).
* * * * *
0
2. Starting on page 6386, in the third column, in instruction 7 correct
Sec. 106.2 by:
0
a. Adding paragraph (a)(3)(xi);
0
b. On page 6387, in the first column, correcting paragraph (a)(4)(ii);
0
c. On page 6389, in the second column, adding paragraph (a)(44)(iv)(E);
0
d. Revising paragraph (a)(46) introductory text;
0
e. On page 6391, in the first column, in paragraph (c)(4) removing the
words ``and USCIS form instructions''.
0
f. On page 6391, in the first column, in paragraph (c)(5)(i) removing
the words ``and USCIS form instructions''.
0
g. On page 6391, in the first column, in paragraph (c)(5)(ii) removing
the words ``and USCIS form instructions''.
0
h. On page 6391, in the first column, in paragraph (c)(6) removing the
words ``and USCIS form instructions''.
0
i. On page 6391, in the second column, revising paragraph (c)(11).
The additions and revisions read as follows:
Sec. 106.2 [Corrected]
(a) * * *
(3) * * *
(xi) The online filing discount in Sec. 106.1(g) does not apply to
the fee for small employers and nonprofits in paragraphs (a)(3)(i),
(a)(3)(iii), (a)(3)(v), and (a)(3)(ix) of this section.''
(4) * * *
(ii) For small employers and nonprofits: $510. For the Semiannual
Report for CW-1 Employers (Form I- 129CWR): No fee. The online filing
discount in Sec. 106.1(g) does not apply.
* * * * *
(44) * * *
(iv) * * *
(E) Current or former U.S. armed forces service members.
* * * * *
(46) Petition to Classify Convention Adoptee as an Immediate
Relative, Form I-800. For filing a petition to classify a Convention
adoptee as an immediate relative: $920.
* * * * *
(c) * * *
(11) Registration requirement for petitioners seeking to file H-1B
petitions on behalf of cap-subject aliens. For each registration
submitted to register for the H-1B cap or advanced degree exemption
selection process: $215. This fee is not subject to the online discount
provided in Sec. 106.1(g).
* * * * *
[[Page 20105]]
0
3. Starting on page 6392, in the first column, in instruction 7,
correct Sec. 106.3 by:
0
a. In paragraph (a)(3)(iii) removing the citation to ``8 U.S.C.
1229(b)(2) and adding in its place the citation ``8 U.S.C.
1229b(b)(2)'';
0
b. On page 6392, in the second column, adding paragraph (b)(1)(vii);
0
c. On page 6392, in the third column, in paragraph (b)(3)(vi) removing
the word ``initial'';
0
d. On page 6393, in the second column, in paragraph (b)(8)(i) removing
the words ``for their initial request''.
The addition reads as follows:
Sec. 106.3 [Corrected]
* * * * *
(b)
(1)
(vii) Application for Provisional Unlawful Presence Waiver (Form I-
601A).
* * * * *
Sec. 214.2 [Corrected]
0
4. On page 6398, in the second column, in Sec. 214.2, paragraph (w)(5)
is corrected by removing the words ``the form instructions and''.
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, Department of
Homeland Security.
[FR Doc. 2024-05935 Filed 3-19-24; 4:15 pm]
BILLING CODE 9111-97-P
