[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 [www.gpo.gov]
[FR Doc No: 2019-21561]



 ========================================================================
 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. 84, No. 191 / Wednesday, October 2, 2019 / 
Rules and Regulations  

[[Page 52357]]



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-AA22


Inadmissibility 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).\1\ 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.
---------------------------------------------------------------------------

    \1\ 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

[[Page 52358]]

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.\2\ 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.
---------------------------------------------------------------------------

    \2\ 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

[[Page 52359]]

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.\3\ 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.
---------------------------------------------------------------------------

    \3\ 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.\4\ 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.
---------------------------------------------------------------------------

    \4\ 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

[[Page 52360]]

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.\5\ 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.\6\
---------------------------------------------------------------------------

    \5\ 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.
    \6\ 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        $25.8
 residence.                      submit a           million to
                                 declaration of     applicants who must
                                 self-sufficiency   file Form I-944;
                                 on the form        $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    $0.34
                                 determination.     million to public
                                                    charge bond obligors
                                                    for filing Form I-
                                                    945; and
                                                    $823.50 to
                                                    filers for filing
                                                    Form I-356.
                                                    Total costs
                                                    over a 10-year
                                                    period will range
                                                    from:
                                                    $352.0
                                                    million for
                                                    undiscounted costs;
                                                    $300.1
                                                    million at a 3
                                                    percent discount
                                                    rate; and
                                                    $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.

[[Page 52361]]

    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

[[Page 52362]]

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        $25.8
 residence.                      submit a           million to
                                 declaration of     applicants who must
                                 self-sufficiency   file Form I-944;
                                 on the form        $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    $0.34
                                 determination.     million to public
                                                    charge bond obligors
                                                    for filing Form I-
                                                    945; and
                                                    $823.50 to
                                                    filers for filing
                                                    Form I-356.
                                                    Total costs
                                                    over a 10-year
                                                    period will range
                                                    from:
                                                    $352.0
                                                    million for
                                                    undiscounted costs;
                                                    $300.1
                                                    million at a 3
                                                    percent discount
                                                    rate; and
                                                    $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'';

[[Page 52363]]

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