<pre>[Federal Register Volume 84, Number 191 (Wednesday, October 2, 2019)] [Rules and Regulations] [Pages 52357-52363] From the Federal Register Online via the Government Publishing Office [<a href=”http://www.gpo.gov”>www.gpo.gov</a>] [FR Doc No: 2019-21561]
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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.
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Federal Register / Vol. 84, No. 191 / Wednesday, October 2, 2019 /
Rules and Regulations
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103, 212, 213, 214, 245 and 248
[CIS No. 2637-19; DHS Docket No. USCIS-2010-0012] RIN 1615-AA22Inadmissibility on Public Charge Grounds; Correction
AGENCY: U.S. Citizenship and Immigration Services, DHS.
ACTION: Final rule; correction.
———————————————————————–
SUMMARY: The Department of Homeland Security (DHS) is making
corrections to a final rule that appeared in the Federal Register on
August 14, 2019. That final rule will amend DHS regulations by
prescribing how DHS will determine whether an alien applying for
admission or adjustment of status is inadmissible to the United States
under the Immigration and Nationality Act (INA or the Act) because he
or she is likely at any time to become a public charge.
DATES: This correction is effective at 12 a.m. Eastern Time on October
15, 2019.
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,
20 Massachusetts NW, Washington, DC 20529-2140; telephone 202-272-8377.
SUPPLEMENTARY INFORMATION:
I. Background
On August 14, 2019, DHS published a final rule, Inadmissibility on
Public Charge Grounds (FR Doc. 19-17142). The final rule amends DHS
regulations by prescribing how DHS will determine whether an alien
applying for admission or adjustment of status is inadmissible to the
United States under section 212(a)(4) of the Immigration and
Nationality Act (INA or the Act), 8 U.S.C. 1182(a)(4), because he or
she is likely at any time to become a public charge.
—————————————————————————
84 FR 41292 (Aug. 14, 2019).
—————————————————————————
In the final rule, there were a number of technical and
typographical errors that are identified and corrected by the
Correction of Errors 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 August
14, 2019 Federal Register. Accordingly, the corrections are effective
on October 15, 2019, at 12:00 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 October 15, 2019. Applications and
petitions already pending with USCIS on October 15, 2019, (i.e.,
postmarked before October 15, 2019) will not be subject to the final
rule.
II. Summary and Explanation of Corrections
A. Summary
On page 41292 in the SUMMARY section, in the last sentence of the
first partial paragraph at the top of the second column, DHS
erroneously referred to “exemptions” when referring to special rules
applying to the receipt of public benefits by certain populations. DHS
is making corrections to that sentence through the Correction of Errors
section of this document by replacing the word “exemptions” with the
word “exclusions,” when referencing receipt of public benefits that
will not be considered for the purposes of this rule. An exemption
refers to individuals who are not subject to this rule, as set forth in
8 CFR 212.23, while an exclusion, the correct terminology for purposes
of the subject rulemaking, refers to benefits receipt that will not be
considered by DHS.
B. Preamble of the August 14, 2019 Final Rule
On page 41296 in the Summary of the Proposed Rule, in the third
column, in the last paragraph, in the first line of the last full
sentence, DHS erroneously used the word “exempt” instead of the word
“exclude” when indicating that receipt of Medicaid benefits received
by certain children of U.S. citizens would not be considered for
purposes of a public charge inadmissibility determination. DHS is
correcting this reference and replacing the word “exempt” with the
word “exclude” in the Correction of Errors section of this document.
On page 41297, in the third line at the top of the first column,
DHS erroneously referred to the word “exempting” when discussing a
change in the final rule that expands the exclusion from consideration
of receipt of Medicaid to Medicaid received by aliens under the age of
21 and pregnant women (including women for 60 days after the last day
of pregnancy). In the Correction of Errors section of this document,
DHS is correcting this error by revising this sentence.
On page 41302 in Table 1-Summary of Major Provisions and Economic
Impacts of the Final Rule, fourth row, third column, DHS erroneously
stated that the “total annual direct costs of the final rule will
range from about $45.5 to $131.2 million.” The statement was
inadvertently left in Table 1 even after costs of the rule were updated
elsewhere in the final rule and the Regulatory Impact Analysis to
reflect that DHS will not be requesting Form I-944 from applicants for
extension of stay and change of status. DHS is removing the incorrect
cost range statement through the Correction of Errors section of this
document.
On page 41314, DHS inadvertently added footnote 83 the end of the
last sentence of the second paragraph in the third column. For
editorial consistency, DHS is deleting this footnote through the
Correction of Errors section of this document.
On page 41328, in the second column, DHS inadvertently omitted the
word “it” from the first sentence in the third paragraph. DHS is
adding that word through the Correction of Errors section of this
document.
On page 41334 at the top of the second column, first line, the word
“the” was inadvertently excluded. DHS is therefore correcting this
omission by adding the word “the.”
On page 41334 in the last sentence of the first partial paragraph
in the second column in the comment response, DHS inadvertently left in
a word “may” in addition to the word “will” when describing the
impact of the public
charge rule on certain dependents who are certified to receive or are
receiving public benefits under the authorization of another person.
This word is superfluous and makes the sentence grammatically
incorrect. DHS is correcting this error by deleting the word “may.”
On page 41336 in the first column, in the third sentence, DHS
inadvertently omitted words “time the” after “valid T nonimmigrant
status at the,” making the sentence incomplete. DHS is therefore
correcting this omission by adding the words “time the.”
On pages 41336 through 41341, in the heading for the third column
that appears at the top of Table 2 on each page, DHS is correcting the
title of the heading to accurately reflect the form numbers used to
request change of status. DHS inadvertently referred to Form I-539 as
“I-Form 539” in the heading and is correcting that reference to read
“Form I-539.”
On page 41336, in the first row and third column of Table 2, DHS
inadvertently omitted the word “Form” before “I-539.” DHS is
correcting this omission by adding the word “Form.”
On page 41337, in the twelfth row and second and third columns of
Table 2, DHS inadvertently omitted the word “Form” before “I-539.”
DHS is correcting this omission by adding the word “Form.”
On page 41338, in the eleventh row and third column of Table 2, DHS
inadvertently omitted the word “Form” before “I-539.” DHS is
correcting this omission by adding the word “Form.”
On page 41338, in the fifteenth row and second column of Table 2,
DHS inadvertently omitted the word “Form” before “I-539” and a
comma after “I-539”. DHS is correcting these omissions by adding the
word “Form” before “I-539” and “,” after “I-539”.
On page 41340, in the tenth row and third column of Table 2, DHS
inadvertently added the word “Files” twice.
On page 41340, in the eleventh row and third column of Table 2, DHS
inadvertently added the word “Files” twice.
On page 41341, at the bottom of Table 2 after the “*”, DHS made
several typographical errors. DHS is correcting those errors and the
sentence after the “*” will read: “Includes questions on Form I-129
and Form I-539 about receipt of public benefits since the nonimmigrant
status was approved. Whether the alien must file a Form I-129 or a Form
I-539 depends on the status the alien is applying to change or to
extend. If more than one person is applying using the Form I-539, the
Form I-539A, Supplemental Information for Application to Extend/Change
Status, is submitted to provide all of the requested information for
each additional applicant listed.”
On page 41342 at the bottom of Table 3 after the “*”, DHS made
several typographical errors by referring to the proposed rule rather
than the final rule and by not including all the conditions set forth
in the final rule upon which a public charge bond may be cancelled. DHS
is correcting these errors and the sentence after the “*” will read:
“If an alien is found inadmissible based on the public charge ground,
USCIS, at its discretion, may permit the alien to post a public charge
bond (Form I-945). 8 CFR 213.1, as amended in the final rule, describes
the circumstances under which a public charge bond may be cancelled
(Form I-356).”. DHS is making the same corrections to similar errors
on page 41343 at the bottom of Table 4 after the “*”, on page 41344
at the bottom of Table 5 after the “*”, on page 41345 at the bottom
of Table 6 after the “*”, and on page 41346 at the bottom of Table 7
after the “*”.
On page 41345 in Table 7 Applicability of INA 212(a)(4) to Other
Applicants Who Must Be Admissible, in the fourth row, first and second
columns, DHS is correcting the language regarding the availability of
waivers with respect to certain entrants (i.e., certain aged, blind, or
disabled individuals), and is reorganizing the order in which the
explanation appears in the second column.
On page 41369, in the first paragraph in the third column, DHS
inadvertently omitted the words “and non-cash benefits” when
generally describing the public benefits included in the rule. DHS is
adding these words to correctly characterize that non-cash benefits
included in this rule are those being provided for food, nutrition,
housing, and healthcare. This correction is made for consistency with a
similar reference on p. 41349 of the final rule. On pages 41380-
41381, in the first sentence starting in the last paragraph on p.
41380, DHS inadvertently omitted the words “and non-cash benefits”
when generally describing the public benefits included in the rule. DHS
is adding these words to correctly characterize that non-cash benefits
included in this rule are those being provided for food, nutrition,
housing, and healthcare. This correction is made for consistency with a
similar reference on p. 41349 of the final rule.
—————————————————————————
See e.g., p. 84 FR 41292, 41349 “Because of the nature of
the benefits that would be considered under this rule–i.e., cash
benefits for income maintenance and non-cash benefits for basic
living needs such as food and nutrition, housing, and healthcare,
that account for significant public expenditures on non-cash
benefits–DHS believes that receipt of such benefits for more than
12 months within any 36-month period is sufficient to render a
person a public charge.”
—————————————————————————
On pages 41486–41488, DHS included typographical errors in the
Table numbers. The Table that begins on page 41486 and printed through
page 41488 should read “Table 7” instead of “Table 2.” On page
41486, third column, last full sentence prior to the table, DHS needs
to make corresponding corrections to the text so that it references
“Table 7” instead of “Table 2.” On page 41487, in Table 2–Summary
of Major Changes and Economic Impacts of the Final Rule, third row,
third column, DHS erroneously stated that the total annual direct cost
of the final rule will range from about $45.5 to $131.2 million. The
statement was inadvertently left in Table 2 even after costs of the
rule were updated elsewhere in the rule and the Regulatory Impact
Analysis to reflect that DHS will not be requesting Form I-944 from
applicants for extension of stay and change of status. DHS is removing
the incorrect cost range statement through the Correction of Errors
section in this correction notice.
On page 41488, DHS is correcting and renumbering “Table 8–OMB A-4
Accounting Statement” to read “Table 9–OMB A-4 Accounting
Statement.” DHS is also making corresponding changes to the reference
to “Table 8” on page 41488 in the second column, last full sentence
so that the sentence refers the reader to what will now be “Table 9.”
On pages 41493, in the third column, in the last full sentence, DHS
is renumbering the tables to correct a typographical error earlier in
the final rule. As such, the last full sentence on page 41493 should
refer the reader to “Table 10” instead of “Table 9.”
On pages 41494-41497, “Table 9–Summary of Forms” is being
corrected to read “Table 10–Summary of Forms.”
C. Regulatory Text of the August 14, 2019 Final Rule
On page 41501, in paragraph (b)(7) of section 8 CFR 212.21, in the
provisions excluding public benefits receipt from consideration, rather
than referring to spouses and children of individuals serving in the
U.S. Armed Forces, DHS inadvertently referred to spouses and children
of aliens serving in the U.S. Armed Forces. DHS thereby inadvertently
afforded the exclusion only to spouses and children of aliens serving
in the U.S. Armed Forces but not to spouses and children of all
individuals serving in the U.S. Armed
Forces, including aliens, U.S. citizens, and U.S. nationals serving in
the U.S. Armed Forces. DHS correctly discussed the exclusion in broader
terms, referring to spouses and children of “servicemembers”
generally in the preamble of the final rule, and to spouses and
children of “individuals” in the Form I-944, Declaration of Self
Sufficiency. Therefore, DHS has revised and restructured paragraph
(b)(7) to correctly reflect the scope of the exclusion and refer to
spouses and children of “individuals” enlisted in, or serving in
active duty or the Ready Reserve component of, the U.S. Armed Forces in
this correction document. DHS also made edits to explicitly address the
timing aspect of the exclusion when a public benefit is received by
spouses and children of servicemembers. Namely, the benefit receipt
would be excluded from consideration if the individual whose spouse or
child received the benefit was enlisted in, or served in active duty or
the Ready Reserve at the time of receipt of the public benefit by his
or her spouse or child, or at the time of filing or adjudication of the
spouse’s or child’s application for admission or adjustment of status,
or application or request for extension of stay or change of status.
See 84 FR at 41297, 41372.
—————————————————————————
See. e.g., 84 FR 41292, 41372 (“As noted in the NPRM,
following consultation with DOD, DHS has concluded that such an
outcome (i.e., considering public benefits received by
servicemembers in the public charge determination) may give rise to
concerns about servicemembers’ immigration status or the immigration
status of servicemembers’ spouses and children as defined in section
101(b) of the Act, 8 U.S.C. 1101(b), which would reduce troop
readiness and interfere significantly with U.S. Armed Forces
recruitment efforts. This exclusion is consistent with DHS’s
longstanding policy of ensuring support for our military personnel
who serve and sacrifice for our nation, and their families, as well
as supporting military readiness and recruitment. Accordingly, DHS
has excluded the consideration of the receipt of all benefits listed
in 8 CFR 212.21(b) from the public charge inadmissibility
determination, when received by active duty servicemembers,
including those in the Ready Reserve, and their spouses and
children.”).
—————————————————————————
On page 41502, in the first column, in line 2 of paragraph
(d)(1)(iii), DHS inadvertently omitted the word “section” after “as
defined in.” On the same page, in the first column, DHS inadvertently
used the word “children’s” in paragraph (d)(1)(iv), between the words
“percent of” and “financial support”, and omitted a comma between
the phrase “as evidenced by a child support order or agreement” and
before the phrase “a custody order or agreement.” Finally, on the
same page, in the second column, line 1 of paragraph (d)(2)(vii), DHS
inadvertently used the word “individual(s)” instead of the word
“individuals,” and “such individual’s financial support or who is
listed” instead of “each individual’s financial support, or who is
listed”. DHS is correcting these errors.
On page 41502, in the second column, in paragraph (a) of section 8
CFR 212.22, DHS inadvertently omitted the phrase explaining the
aggregation of public benefits for purposes of the duration threshold.
This parenthetical was included throughout the preamble, e.g., page
41295, 41300, 41329, 41331, 41397, 41454, and 41455. DHS is therefore
correcting this omission by including the parenthetical language
“(such that, for instance, receipt of two benefits in one month counts
as two months)” at the end of the first sentence.
On page 41503, DHS inadvertently made several typographical errors.
In the second column, at the end of paragraph (b)(4)(i)(D), DHS
inadvertently added the word “whether” after the word “and.” In the
second column, at the end of paragraph (b)(4)(ii)(A)(2), DHS
inadvertently added a “.” DHS is replacing it with a “;”. Finally,
in the third column, at the end of paragraph (b)(4)(ii)(F), DHS
inadvertently added a “.”. DHS is replacing it with a “;”.
On page 41504, in the first column, paragraph (b)(5)(ii)(C), in the
third line, DHS inadvertently added the word “and” after the word
“licenses;”. In the first column, paragraph (b)(5)(ii)(D), at the end
of the third line of (D), DHS inadvertently placed a “.” instead of
an “; and”. In the first column, in line 5 of paragraph (b)(6)(i),
DHS inadvertently added the word “for” before the word “himself”.
In the first column in paragraph (b)(7), DHS inadvertently designated
paragraphs (ii)(A) through (C) as paragraphs (i)(A) through (C). DHS is
correcting these errors.
On page 41504, in the second column, in paragraph (c)(1)(ii) of 8
CFR 212.22, DHS inadvertently omitted the phrase explaining the
aggregation of public benefits for purposes of the duration threshold.
Therefore, DHS is correcting this omission by including the
parenthetical language “(such that, for instance, receipt of two
benefits in one month counts as two months)” after the word “period”
in paragraph 212.22(c)(1)(ii).
On page 41505, in the second column, at the end of paragraph
(a)(19)(ii), DHS inadvertently placed a “.” instead of a “;”. DHS
is correcting this error.
On page 41506, in the first column, in line 7 of paragraph (b), DHS
omitted a reference to paragraph “(c)(1)” after “212.22”. In the
first column, in line 14 of paragraph (c), DHS inadvertently added a
“,” between the words “equivalent” and “is”. Finally, in the
first column, in paragraph (d) of 8 CFR 213.1, DHS inadvertently
included the phrase “within any 364month period” instead of “within
any 36-month period” after the clause “for more than 12 months in the
aggregate”, and included a “,” instead of a “)” after the words
“two months”. DHS is correcting these errors.
On page 41507, in the first column, in section 8 CFR
213.1(h)(2)(i), rather than referring to spouses and children of
individuals serving in the U.S. Armed Forces in the provisions
pertaining to the public benefits receipt exclusion, DHS inadvertently
referred to spouses and children of aliens serving in the U.S. Armed
Forces. As noted above with respect to corrections on page 41501, this
inadvertently rendered the public benefits receipt exclusion applicable
only to spouses and children of aliens serving in the U.S. Armed
Forces, but not to spouses and children of all individuals serving in
the U.S. Armed Forces, including aliens, U.S. citizens, and U.S.
nationals serving in the U.S. Armed Forces. In this correction
document, consistent with the aforementioned correction, DHS is
replacing the phrase “such an individual’s spouse or child as defined
in section 101(b) of the Act” in the last sentence of 8 CFR
213.1(h)(2)(i) with the phrase “a spouse or child, as defined in
section 101(b) of the Act, of an individual enlisted in the U.S. Armed
Forces under the authority of 10 U.S.C. 504(b)(1)(B) or 10 U.S.C.
504(b)(2), or of an individual serving in active duty or in the Ready
Reserve component of the U.S. Armed Forces.” DHS also made other edits
in paragraph (h)(2)(i) to more appropriately address the timing aspect
of this exclusion and added an additional sentence to clearly state
that benefits received after the alien, or individual (in the case of a
spouse or child) who previously enlisted and/or served in the U.S.
Armed Forces, separated from service would be considered for purposes
of a public charge breach determination.
—————————————————————————
In the bond breach provisions in the NPRM and the Final
Rule, DHS consistently excluded from consideration for bond breach
purposes those public benefits that DHS proposed to exclude from the
public charge inadmissibility determination, as outlined in 8 CFR
212.21(b). See, e.g., 84 FR 41292, 41455 (“In particular, public
benefits that are exempt from being considered, as outlined in 8 CFR
212.21(b), including while present in a status exempt from public
charge, do not count towards the breach determination as explained
in the NPRM.”); see also, e.g., 83 FR 51114, 51225 (Oct. 10, 2018).
—————————————————————————
On page 41508, in columns two and three, in paragraphs (a) and
(c)(4) of 8
CFR 248.1, DHS inadvertently omitted a reference to “or that section
has been waived,” and “or where the public charge inadmissibility
ground has been waived” when describing when the public benefit
condition would not apply in the context of change of status petitions
or applications. In contrast, these references to the waiver were
included in section 8 CFR 214.1 when addressing extensions of stay
petitions or applications. DHS never intended to treat extensions of
stay and changes of status differently in this regard, and had
described in both the notice of proposed rulemaking and the final rule
that the public benefits condition applies unless the alien is exempt
from section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4), or that section
has been waived. Therefore, DHS is adding this reference to the waiver
to both paragraph (a) and paragraph (c)(4) of 8 CFR 248.1. DHS is also
correcting 8 CFR 248.1(c)(4) to state, consistent with the preamble,
that the condition does not apply to change of status of applications
if either the current or the future nonimmigrant classification is
exempt from public charge. The final rule text was unclear whether it
applies to current or future classification or both, although the
preamble did indicate it applied to both.
—————————————————————————
See proposed 8 CFR 214.1(a)(3)(iv) at 83 FR 51114, 51295,
and see final 8 CFR 214.1(a)(3)(iv) at 84 FR 41292, 41507.
See 84 FR 41292, 411329 (“If the nonimmigrant status the
individual seeks to extend or to which the applicant seeks to change
is statutorily exempt from the public charge ground of
inadmissibility, then the public benefits condition will not
apply.”).
—————————————————————————
In addition to these corrections, DHS is making a number of minor
technical and typographical corrections to the regulatory text as
listed in the Correction of Errors section of this document.
III. Explanation of New Technical Amendment
When DHS amended section 8 CFR 248.1 by redesignating paragraphs
(b) through (e) as paragraphs (c) through (f), and adding a new
paragraph (b), DHS did not make conforming technical changes to
paragraph (h)(20) of section 8 CFR 214.2, which cross references
paragraph (b) of section 8 CFR 248.1. DHS is adding a technical
amendment through new amendatory language to correct the cross
reference in paragraph (h)(20) of section 8 CFR 214.2 and refer to 8
CFR 248.1(c) rather than 248.1(b).
IV. 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 August 14, 2019 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.
V. Correction of Errors and Technical Amendment
Accordingly, the final rule at 84 FR 41292 (FR Doc. 19-17142) is
corrected as follows:
A. Correction of Error in the Summary
1. On page 41292 in the Summary section, in first partial paragraph
at the top of the second column, revise the last sentence to read:
“Aliens who might qualify for these exclusions from consideration of
receipt of public benefits should study the rule carefully to
understand how the exclusions work.”
B. Correction of Errors in the Preamble
DHS is making the following corrections in the Supplementary
Information section of the August 14, 2019 final rule.
1. On page 41296 in the third column, in the last full paragraph,
in the first line, replace the word “exempt” with the word
“exclude” to read: “Lastly, DHS proposed to exclude . . .”
2. On page 41297, in the third line at the top of the first column,
replace the word “exempting” with the word “excluding” to read: “*
* * excluding Medicaid receipt by aliens under the age of 21 and
pregnant women (including women for 60 days after the last day of
pregnancy).”
3. On page 41302, Table 1–Summary of Major Provisions and Economic
Impacts of the Final Rule, the fourth row is corrected to read as
follows:
————————————————————————
————————————————————————
Amending 8 CFR 245. Adjustment To outline Quantitative:
of status to that of person requirements Costs
admitted for lawful permanent that aliens <bullet> $25.8
residence. submit a million to
declaration of applicants who must
self-sufficiency file Form I-944;
on the form <bullet> $0.69
designated by million to
DHS and any applicants applying
other evidence to adjust status
requested by DHS using Form I-485
in the public with an increased
charge time burden;
inadmissibility <bullet> $0.34
determination. million to public
charge bond obligors
for filing Form I-
945; and
<bullet> $823.50 to
filers for filing
Form I-356.
<bullet> Total costs
over a 10-year
period will range
from:
<bullet> $352.0
million for
undiscounted costs;
<bullet> $300.1
million at a 3
percent discount
rate; and
<bullet> $247.2
million at a 7
percent discount
rate.
————————————————————————
4. On page 41314, delete footnote 83 at the end of the last
sentence of the second paragraph in the third column, and renumber
footnotes 84 through 867, as footnotes 83 through 866.
5. On page 41328 in the second column, add the word “it” between
the words “that” and “does” and move “,” from after the word
“so” to after the word “rule” to read: “DHS notes that it does
have the authority to define public charge as it has in this rule, and
in doing so decide which public benefits are considered for the
purposes of this rule.”
6. On page 41334, at the top of the second column, adding the word
“the” to correct the first line to read: “be subject to the public
charge ground of inadmissibility and which are exempt.”
7. On page 41334, in the second column, in the last sentence of the
first partial paragraph in the second column that continues the comment
response, correct the sentence to read: “DHS acknowledges that those
dependents who are certified for or receiving public benefits under the
authorization of another, such as the head of the household or the
guardian, may be unaware of the receipt of public benefits but will,
once the rulemaking is effective, be impacted by such receipt of public
benefits, if they are subject to the public charge ground of
inadmissibility.”
8. On page 41336 in the first column, correct the third sentence
only (footnote 228 remains unchanged), to read: “For the reasons
stated above, DHS is amending proposed 8 CFR 212.23(a)(17) in this
final rule to clarify that T nonimmigrants seeking any immigration
benefit subject to section 212(a)(4) of the Act, 8 U.S.C. 1182(a)(4)–
except those described in section 212(a)(4)(D) of the Act, 8 U.S.C.
1182(a)(4)(D), who must file an affidavit of support–are exempt from
the public charge ground of inadmissibility, provided that the T
nonimmigrant seeking the immigration benefit is in valid T nonimmigrant
status at the time the benefit request is properly filed with USCIS,
and at the time the benefit request is adjudicated.”
9. On pages 41336 through 41341, in the heading for the third
column that appears at the top of Table 2 on each page, correct the
title of the heading to read: “Eligible to apply for change of status
(i.e., may file Form I-129 or Form I-539)*”.
10. On page 41336, in the first row and third column of Table 2,
correct the omission of the word “Form” before “I-539” by adding
the word “Form” for the entry to read: “Yes. Files Form I-539, 8 CFR
248.1(a).”
11. On page 41337, in the twelfth row and second and third columns
of Table 2, correct the omission of the word “Form” before “I-539”
by adding the word “Form” for the entry to read: “Yes. Files Form I-
539, 8 CFR 248.1(a).”
12. On page 41338, in the eleventh row and third column of Table 2,
correct the omission of the word “Form” before “I-539” by adding
the word “Form” for the entry to read: “Yes, subject to receiving a
waiver of the foreign residence requirement, if necessary, Files Form
I-539.”
13. On page 41338, in the fifteenth row and second column of Table
2, correct the omission of the word “Form” before “I-539” by adding
the word “Form” and a “,” after “I-539”, for the entry to read:
“Yes. Files I-539, 8 CFR 214.1(c)(1) and (2).”
14. On page 41340, in the tenth row and third column of Table 2,
correct a typographical error to delete the second “Files”, to read:
“Yes. Files Form I-539.”
15. On page 41340, in the eleventh row and third column of Table 2,
correct a typographical error to delete the second “Files”, to read:
“Yes. Files Form I-539.”
16. On page 41341, at the bottom of Table 2 after the “*”,
correct the sentence to read: “Includes questions on Form I-129 and
Form I-539 about receipt of public benefits since the nonimmigrant
status was approved. Whether the alien must file a Form I-129 or a Form
I-539 depends on the status the alien is applying to change or to
extend. If more than one person is applying using the Form I-539, the
Form I-539A, Supplemental Information for Application to Extend/Change
Status, is submitted to provide all of the requested information for
each additional applicant listed.”
17. On page 41342 at the bottom of Table 3 after the “*”, correct
the two sentences that follow to read: “If an alien is found
inadmissible based on the public charge ground, USCIS, at its
discretion, may permit the alien to post a public charge bond (Form I-
945). 8 CFR 213.1, as amended in the final rule, describes the
circumstances under which a public charge bond may be cancelled (Form
I-356).”
18. On page 41343 at the bottom of Table 4 after the “*”, correct
the two sentences that follow to read: “If an alien is found
inadmissible based on the public charge ground, USCIS, at its
discretion, may permit the alien to post a public charge bond (Form I-
945). 8 CFR 213.1, as amended in the final rule, describes the
circumstances under which a public charge bond may be cancelled (Form
I-356).”
19. On page 41344 at the bottom of Table 5 after the “*”, correct
the two sentences that follow to read: “If an alien is found
inadmissible based on the public charge ground, USCIS, at its
discretion, may permit the alien to post a public charge bond (Form I-
945). 8 CFR 213.1, as amended in the final rule, describes the
circumstances under which a public charge bond may be cancelled (Form
I-356).”
20. On page 41345 at the bottom of Table 6 after the “*”, correct
the two sentences that follow to read: “If an alien is found
inadmissible based on the public charge ground, USCIS, at its
discretion, may permit the alien to post a public charge bond (Form I-
945). 8 CFR 213.1, as amended in the final rule, describes the
circumstances under which a public charge bond may be cancelled (Form
I-356).”
21. On page 41345, Table 7 Applicability of INA 212(a)(4) to Other
Applicants Who Must Be Admissible, correct the fourth row to read:
————————————————————————
————————————————————————
W-16 Entered without Yes. INA 212(a)(4), Exempt, by
inspection before 1/1/82. INA 245A(b)(1)(C)(i) statute as they
W-26 Entered as nonimmigrant and (a)(4)(a)). are not listed
and overstayed visa before 1/ Special Rule for in INA
1/82. Certain Entrants before determination of 212(a)(4) as a
January 1, 1982. public charge–See category that
INA requires a Form
245A(d)(2)(B)(iii). I-864.
Certain aged, blind
or disabled
individuals as
defined in 1614(a)(1)
of the Social
Security Act, 42
U.S.C. 1382c(a)(1),
may apply for a
waiver of
inadmissibility due
to public charge. INA
245A(d)(2)(B)(ii).
————————————————————————
22. On page 41346 at the bottom of Table 7 after the “*”, correct
the two sentences that follow to read: “If an alien is found
inadmissible based on the public charge ground, USCIS, at its
discretion, may permit the alien to post a public charge bond (Form I-
945). 8 CFR 213.1, as amended in the final, rule describes the
circumstances under which a public charge bond may be cancelled (Form
I-356).”
23. On page 41369 in the third column, correct the third sentence
of the first paragraph to read: “Because of the nature of the public
benefits that would be considered under this rule–which are generally
means-tested and provide
cash for income maintenance, and non-cash benefits for basic living
needs such as food, nutrition, housing, and healthcare–DHS believes
that receipt of such benefits may render a person with limited means to
provide for his or her own basic living needs, and who receives public
benefits, not self-sufficient because of his or her reliance on such
public benefits.”
24. On pages 41380-41381, starting in the last paragraph on p.
41380, correct the last sentence to read: “Because of the nature of
the public benefits that would be considered under this rule–which are
generally means-tested and provide cash for income maintenance, and
non-cash benefits for basic living needs such as food, nutrition,
housing, and healthcare–DHS believes that receipt of such benefits is
an important factor to consider, in the totality of the circumstances,
when making a public charge determination.”
25. On page 41486, third column, correct the last full sentence so
that it references “Table 7” instead of “Table 2” so that the
sentence reads “Table 7 provides a more detailed summary of the final
provisions and their impacts.”
26. On pages 41486–41488, correct a typographical error so that
the Table title that currently reads “Table 2–Summary of Major
Changes and Economic Impacts of the Final Rule” so that the Table
reads “Table 7–Summary of Major Provisions and Economic Impacts of
the Final Rule.”
27. On page 41487, correct the third row of the table to read:
————————————————————————
————————————————————————
Amending 8 CFR 245. Adjustment To outline Quantitative:
of status to that of person requirements Costs
admitted for lawful permanent that aliens <bullet> $25.8
residence. submit a million to
declaration of applicants who must
self-sufficiency file Form I-944;
on the form <bullet> $0.69
designated by million to
DHS and any applicants applying
other evidence to adjust status
requested by DHS using Form I-485
in the public with an increased
charge time burden;
inadmissibility <bullet> $0.34
determination. million to public
charge bond obligors
for filing Form I-
945; and
<bullet> $823.50 to
filers for filing
Form I-356.
<bullet> Total costs
over a 10-year
period will range
from:
<bullet> $352.0
million for
undiscounted costs;
<bullet> $300.1
million at a 3
percent discount
rate; and
<bullet> $247.2
million at a 7
percent discount
rate.
————————————————————————
28. On page 41488 in the second column, last partial sentence
before the footnote reference, change the Table number so that the
sentence reads: “In addition to the impacts summarized above and as
required by OMB Circular A-4, Table 9 presents the prepared accounting
statement showing the costs associated with this final regulation.”
29. On page 41488, DHS is correcting and renumbering “Table 8–OMB
A-4 Accounting Statement” to read “Table 9–OMB A-4 Accounting
Statement.”
30. On page 41493, third column, last full sentence, correct the
Table number referenced in the sentence to read: “Table 10 below is a
listing of all forms impacted by this rule.”
31. On pages 41494-41497, “Table 9–Summary of Forms” is being
corrected to read “Table 10–Summary of Forms.”
C. Correction of Errors in the Regulatory Text
DHS is making the following corrections in the List of Subjects and
Regulatory Amendments section of the August 14, 2019, final rule.
Sec. 212.21 [Corrected]
0
1. On page 41501–
0
a. In the second column, at the end of paragraph (b)(4), remove the
word “and” after the semicolon;
0
b. In the second column, at the end of paragraph (b)(5)(iii), add the
word “and” after the semicolon;
0
c. In the second column, at the end of paragraph (b)(5)(iv), remove the
period and add in its place a semicolon;
0
d. In the second and third column, correct paragraph (b)(7) to read:
“(7) Public benefits, as defined in paragraphs (b)(1) through
(b)(6) of this section, do not include any public benefits received
by–
(i) An alien who at the time of receipt of the public benefit, or
at the time of filing or adjudication of the application for admission
or adjustment of status, or application or request for extension of
stay or change of status is–
(A) Enlisted in the U.S. Armed Forces under the authority of 10
U.S.C. 504(b)(1)(B) or 10 U.S.C. 504(b)(2), or
(B) Serving in active duty or in the Ready Reserve component of the
U.S. Armed Forces, or
(ii) The spouse or child, as defined in section 101(b) of the Act,
of an individual who at the time of receipt of the public benefit by
such spouse or child, or at the time of filing or adjudication of the
spouse’s or child’s application for admission or adjustment of status,
or application or request for extension of stay or change of status,
had been:
(A) Enlisted in the U.S. Armed Forces under the authority of 10
U.S.C. 504(b)(1)(B) or 10 U.S.C. 504(b)(2), or
(B) Serving in active duty or in the Ready Reserve component of the
U.S. Armed Forces.”
0
e. In the third column, in lines 4-5 of paragraph (b)(8), add the words
“paragraph (b) of” after “as defined in”;
0
f. In the third column, in lines 1-2 of paragraph (b)(9) introductory
text, add the words “paragraph (b) of” after “as defined in”;
0
2. On page 41502–
0
a. In the first column, in line 2 of paragraph (d)(1)(iii)–add the
word “section” after “as defined in”;
0
b. In the first column, correct paragraph (d)(1)(iv) to read as
follows:
“(iv) The alien’s other children, as defined in section 101(b)(1)
of the Act, not physically residing with the alien, for whom the alien
provides or is required to provide at least 50 percent of financial
support, as evidenced by a child support order or agreement, a custody
order or agreement, or any other order or agreement specifying the
amount of financial support to be provided by the alien;”
0
c. In the second column, in line 1 of paragraph (d)(2)(vii), remove the
word “individual(s)” and add in its place the word “individuals”;
0
d. In the second column, in line 1 of paragraph (d)(2)(vii), remove
“such individual’s financial support or who is listed” with “each
individual’s financial support, or who is listed”.
Sec. 212.22 [Corrected]
0
3. On page 41502–
0
a. In the second column, at the end of the first sentence in paragraph
(a), add the phrase “(such that, for instance, receipt of two benefits
in one month counts as two months)” after the phrase “for more than
12 months in the aggregate within any 36-month period”.
0
4. On page 41503–
0
a. In the second column, at the end of paragraph (b)(4)(i)(D), remove
the word “whether”;
0
b. In the second column, at the end of paragraph (b)(4)(ii)(A)(2),
remove the semicolon and add a period in its place;
0
c. In the third column, at the end of paragraph (b)(4)(ii)(F)), remove
the semicolon and add a period in its place.
0
5. On page 41504–
0
a. In the first column, at the end of paragraph (b)(5)(ii)(C), remove
the word “and”;
0
b. In the first column, at the end of paragraph (b)(5)(ii)(D), remove
the period and add “; and” in its place;
0
c. In the first column, in line 5 of paragraph (b)(6)(i), remove the
word “for” before the word “himself”;
0
d. In the first column, redesignate paragraphs (b)(7)(A)(1) through (3)
as paragraphs (b)(7)(ii)(A) through (ii)(C);
0
e. In the second column, in line 6 of paragraph (c)(1)(ii), add the
phrase “(such that, for instance, receipt of two benefits in one month
counts as two months)” after the phrase “for more than 12 months in
the aggregate within any 36-month period”.
Sec. 212.23 [Corrected]
0
6. On page 41505, in the second column, at the end of paragraph
(a)(19)(ii), remove the period and add a semicolon in its place.
Sec. 213.1 [Corrected]
0
7. On page 41506–
0
a. In the first column, in line 7 of paragraph (b), add a reference
“(c)(1)” after “212.22”;
0
b. In the first column, in line 14 of paragraph (c), remove the comma
between the words “equivalent” and “is”;
0
c. In the first column, in the second sentence of paragraph (d),
correct “364month” to read “36-month”; remove the comma after the
word “months”; and correct the next to the last sentence in paragraph
(d) to read: “An alien on whose behalf a public charge bond has been
submitted may not receive any public benefits, as defined in 8 CFR
212.21(b), for more than 12 months in the aggregate within any 36-month
period (such that, for instance, receipt of two benefits in one month
counts as two months) after the alien’s adjustment of status to that of
a lawful permanent resident, until the bond is cancelled in accordance
with paragraph (g) of this section.”.
0
8. On page 41507, in the first column in paragraph (h)(2)(i), “DHS
will not consider any public benefits, as defined in 8 CFR 212.21(b)
received by a spouse or child, as defined in section 101(b) of the Act,
of an individual who, at the time of receipt of the public benefit(s)
by his or her spouse or child, or at the time of filing a request to
cancel the bond by his or her spouse or child, or the cancellation
determination, or the breach determination, is enlisted in the U.S.
Armed Forces under the authority of 10 U.S.C. 504(b)(1)(B) or 10 U.S.C.
504(b)(2), serving in active duty or in the Ready Reserve component of
the U.S. Armed Forces.” is corrected to read “DHS will not consider
any public benefits, as defined in 8 CFR 212.21(b) received by a spouse
or child, as defined in section 101(b) of the Act, of an individual
who, at the time of receipt of the public benefit(s) by his or her
spouse or child, or at the time of filing a request to cancel the bond
by his or her spouse or child, or the cancellation determination, or
the breach determination, is enlisted in the U.S. Armed Forces under
the authority of 10 U.S.C. 504(b)(1)(B) or 10 U.S.C. 504(b)(2), or of
an individual serving in active duty or in the Ready Reserve component
of the U.S. Armed Forces.”
0
9. On page 41507 in the third column before the heading for part 245,
add an instruction 11a to read as follows:
Sec. 214.2 [Amended]
0
11a. In Sec. 214.2, amend paragraph (h)(20) by removing “8 CFR
248.1(b)” and adding in its place “8 CFR 248.1(c)” at the end of the
paragraph.
Sec. 248.1 [Corrected]
0
10. On page 41508
0
a. In the second column, in the second sentence of paragraph (a) add
the phrase “or that section has been waived” after the words
“section 212(a)(4) of the Act”;
0
b. In the third column, in paragraph (c)(4) revise the last sentence to
read:
“This provision does not apply where the nonimmigrant
classification from which the alien seeks to change or to which the
alien seeks to change is exempt from section 212(a)(4) of the Act, or
where that section has been waived.”
Kevin K. McAleenan,
Acting Secretary of Homeland Security.
[FR Doc. 2019-21561 Filed 10-1-19; 8:45 am]
BILLING CODE 9111-97-P
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