[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Rules and Regulations]
[Pages 27645-27649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10090]



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 Rules and Regulations
                                                 Federal Register
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 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.
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  Federal Register / Vol. 85, No. 91 / Monday, May 11, 2020 / Rules and 
Regulations  

[[Page 27645]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 214

RIN 1651-AB38


Period of Admission and Extensions of Stay for Representatives of 
Foreign Information Media Seeking To Enter the United States

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Final rule.

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SUMMARY: This rule amends the Department of Homeland Security's 
(``DHS'' or ``the Department'') regulations to achieve greater 
reciprocity between the United States and the People's Republic of 
China (PRC), with the exception of Hong Kong Special Administrative 
Region (SAR) or Macau SAR passport holders, relative to the treatment 
of representatives of foreign information media of the respective 
countries seeking entry into the other country. For entry into the 
United States, such foreign nationals would seek to be admitted in I 
nonimmigrant status as bona fide representatives of foreign information 
media. These changes apply to foreign nationals who present a passport 
issued by the PRC, with the exception of Hong Kong SAR and Macau SAR 
passport holders. Under this rule, DHS will admit such aliens in I 
nonimmigrant status, or otherwise grant I nonimmigrant status to such 
aliens, only for the period necessary to accomplish the authorized 
purpose of their stay in the United States, not to exceed 90 days. The 
rule also allows such visitors to apply for extensions of stay.

DATES: This rule is effective on May 8, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Minton, Program Manager, 
Enforcement Programs, Office of Field Operations, U.S. Customs and 
Border Protection, at 202-344-1581 or [email protected].

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

A. Legal Authority

    The Secretary of Homeland Security (Secretary) has broad authority 
to administer and enforce the immigration and naturalization laws of 
the United States. See section 103(a)(1) of the Immigration and 
Nationality Act of 1952 (Pub. L. 82-414, 66 Stat. 163), as amended (8 
U.S.C. 1103(a)(1)) (INA); see also 6 U.S.C. 202. The Secretary is 
authorized to establish such regulations as he or she deems necessary 
to carry out this authority under the immigration laws. See INA 
103(a)(3) (8 U.S.C. 1103(a)(3)). Section 214(a)(1) of the INA 
authorizes the Secretary to prescribe regulations specifying the period 
of admission, as well as any conditions, for the admission of 
nonimmigrants to the United States.\1\ 8 U.S.C. 1184(a)(1).
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    \1\ See also sections 402, 1512, and 1517 of the Homeland 
Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2142, 2187), as 
amended (6 U.S.C. 202, 552, and 557) (regarding transfer of 
authority to enforce immigration laws and prescribe regulations 
necessary to carry out that authority from the Attorney General to 
the Secretary.
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    The Secretary has authorized the Commissioner of U.S. Customs and 
Border Protection (CBP) to enforce and administer the immigration laws 
relating to the inspection and admission of people seeking admission to 
the United States, including the authority to make admissibility 
determinations and set the duration, terms, and conditions of 
admission. See Delegation Order 7010.3, II.B.5 (Revision No. 03.1) 
(Sept. 25, 2019). U.S. Citizenship and Immigration Services (USCIS) is 
authorized to consider applications for a change of nonimmigrant status 
under section 248 of the INA, 8 U.S.C. 1258, including establishing the 
authorized period of stay in the new nonimmigrant status. See 6 U.S.C. 
271(b); 8 CFR part 248. USCIS also is authorized to consider 
applications for an extension of stay in nonimmigrant status. See 6 
U.S.C. 271(b); 8 CFR 214.1(c).
    Section 101(a)(15)(I) of the INA establishes the I nonimmigrant 
classification for aliens wishing to visit the United States 
temporarily as representatives of foreign information media. In order 
to qualify as a nonimmigrant under the I classification, an alien must 
be a bona fide representative of foreign press, radio, film or other 
foreign information media having its home office in a foreign country, 
and must be seeking to enter the United States solely to engage in such 
employment. See INA 101(a)(15)(I) (8 U.S.C. 1101(a)(15)(I)). In 
addition, the statute expressly requires that such a visa or status be 
provided ``upon a basis of reciprocity.'' Id.; see also INA 214(a)(1) 
(providing that the admission of nonimmigrants to the United States 
``shall be for such time and under such conditions as the [Secretary] 
may by regulations prescribe'') (8 U.S.C. 1184(a)(1)).

B. Current Admission Process for I Visa Holders

    Foreign nationals visiting the United States temporarily as 
representatives of information media must possess a nonimmigrant I visa 
for admission. INA 101(a)(15)(I), 212(a)(7)(B)(i)(II) (8 U.S.C. 
1101(a)(15)(I), 1182(a)(7)(B)(i)(II)). In order to obtain an I visa, 
foreign travelers must generally apply for a visa with the U.S. 
Department of State and obtain the visa prior to traveling to the 
United States. Id.; see also INA 221-222, 273(a) (8 U.S.C. 1201-1202, 
1323(a)); 22 CFR 41.52, 41.101-41.122. An I visa holder seeking entry 
into the United States must appear at a port of entry and establish, to 
the satisfaction of the CBP officer, that he or she is admissible as an 
I nonimmigrant. See INA 235(a), (b)(2)(A), and 291 (8 U.S.C. 1225(a), 
(b)(2)(A), and 1361)); 8 CFR 212.1, 235.1(f)(1); see also INA 221(h) 
(providing that issuance of a visa does not entitle the visa holder to 
admission to the United States). The alien must also be otherwise 
admissible and not subject to other grounds of inadmissibility. See 
generally INA 212(a) (8 U.S.C. 1182(a)). The CBP officer will inspect 
the traveler, including reviewing his or her travel documents, 
collecting his or her biometric data (i.e., fingerprints and 
photograph), interviewing the traveler and, if applicable, collect any 
applicable forms or fees. INA 235(a) (8 U.S.C. 1225(a)); 8 CFR 235.1(f) 
and (h).
    The period of time the traveler is authorized to remain in the 
United States is referred to as the period of admission or the period 
of stay. Unless otherwise exempted, each arriving nonimmigrant who is 
admitted to the

[[Page 27646]]

United States will be issued a Form I-94 as evidence of the terms of 
admission. See 8 CFR 1.4 and 235.1(h).\2\
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    \2\ The term issuance includes the creation of an electronic 
record of admission, or arrival/departure by DHS following an 
inspection performed by an immigration officer. See 8 CFR 1.4. In 
the case of air or sea arrivals, CBP issues the Form I-94 
electronically. The traveler may retrieve it through the internet at 
http://www.cbp.gov/I-94. CBP currently issues a paper Form I-94 to 
travelers arriving at land border ports of entry.
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C. Current Period of Admission and Extensions of Stay for I Visa 
Holders

    The Immigration and Nationality Act of 1952 established the I visa 
category as ``a new class of nonimmigrants and is designed to 
facilitate, on a basis of reciprocity, the exchange of information 
among nations. It is intended that the class is to be limited to aliens 
who are accredited as members of the press, radio, film or other 
information media by their employer.'' S. Rep. No. 82-1137 at 21 
(1952); H.R. Rep. No. 1365 at 45 (1952).
    The current DHS regulation at 8 CFR 214.2(i), promulgated in 1985, 
see Nonimmigrant Classes; Admission Period and Extensions of Stay, 50 
FR 42006-01 (Oct. 17, 1985), specifies that an alien ``may'' be 
authorized admission for the duration of his or her employment. DHS and 
its predecessor the Immigration and Naturalization Service (INS) have 
long interpreted the regulation to provide that I visa holders are 
authorized admission for the duration of status, rather than for a set 
period of time. See generally Memorandum, INS Office of the General 
Counsel, Genco Op. No. 94-23, 1994 WL 1753127, at *3 (May 9, 1994) 
(``[R]epresentatives of information media are not currently restricted 
by statutory language to any temporary period. The regulations 
authorize their admission for `duration of status.' ''). Duration of 
status refers to the period of time in which the alien continues to 
meet the terms and conditions of their admission, including that they 
remain employed with the same employer and use the same information 
medium. 8 CFR 214.2(i). The regulation states that the admission 
requires that the alien maintain the same information medium and 
employer until ``he or she obtains permission'' to change either. Id.
    While an interpretation of the regulation requiring admission for 
the duration of status is reasonable, it would also be reasonable for 
DHS to interpret the regulation to allow DHS, in its discretion, to 
admit I visa holders for a set duration of time.\3\ The Department is 
promulgating this final rule to enhance the notice provided to 
prospective I visa holders presenting passports issued by the PRC, with 
the exception of Hong Kong SAR and Macau SAR passport holders.
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    \3\ In 1985, the INS promulgated a final rule changing the 
admission period for I visa holders from one year to the current 
standard, duration of status. See Nonimmigrant Classes; Admission 
Period and Extensions of Stay, 50 FR 42006-01, 42008 (Oct. 17, 
1985). The language used in the regulation was (and remains) ``an 
alien . . . may be authorized admission for the duration of 
employment.'' Id. (emphasis added). By contrast, the INS provided in 
a 1978 rule that the ``[t]he period of admission of a[n F] 
nonimmigrant student shall be for the duration of status in the 
United States as a student if the information on his/her form 1-20 
indicates that he/she will remain in the United States as a student 
for more than 1 year, and if he/she agrees to keep his/her passport 
valid at all times for at least 6 months.'' Admission of 
Nonimmigrant Students for Duration of Status, 43 FR 54618, 54620 
(Nov. 22, 1978) (emphasis added). The current I nonimmigrant status 
regulation thus could reasonably be interpreted as allowing, but not 
requiring, the admission of I visa holders for the duration of 
status. See, e.g., Kingdomware Techs., Inc. v. United States, 136 S. 
Ct. 1969, 1977 (2016) (``Unlike the word `may,' which implies 
discretion, the word `shall' usually connotes a requirement.'').
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D. Purpose and Summary

    The INA generally authorizes the admission of a foreign information 
media representative in I nonimmigrant status if the alien is 
admissible and meets the requirements described in section 
101(a)(15)(I) of the INA. Among those requirements is that I visas be 
provided ``upon a basis of reciprocity.'' The United States has for 
decades permitted individuals who are representatives of foreign 
information media outlets to remain in the United States for the 
entirety of the period that the individual is engaged in that activity.
    Based on the treatment by the PRC of foreign journalists, including 
U.S. citizens, DHS has determined that the PRC is not treating 
journalists in a manner that admitting I visa holders for the duration 
of status is sufficiently reciprocal to the treatment accorded by the 
PRC to U.S. journalists or in alignment with U.S. foreign policy. 
Information received from the Department of State, as well as open 
source information, demonstrates a suppression of independent 
journalism in the PRC, including an increasing lack of transparency and 
consistency in the admission periods granted to foreign journalists, 
including U.S. journalists. According to the Foreign Correspondents' 
Club of China (FCCC) Report on Media Freedoms in 2019, the PRC has 
forced out nine foreign journalists since 2013, either through 
expulsion or by non-renewal of visas; three Wall Street Journal 
reporters were expelled from China following an opinion piece 
criticizing the country's response to the Coronavirus (or COVID-19) 
pandemic.
    Not long after the expulsion of the three Wall Street Journal 
reporters, the PRC announced additional restrictions, including more 
expulsions, of U.S. journalists in the PRC. On March 18, 2020, the 
PRC's Ministry of Public Affairs announced ``that journalists of US 
citizenship working with the New York Times, the Wall Street Journal 
and the Washington Post whose press credentials are due to expire 
before the end of 2020 notify the Department of Information of the 
Ministry of Foreign Affairs within four calendar days starting from 
today and hand back their press cards within ten calendar days.'' \4\ 
In that same announcement, the PRC demanded that the China-based 
branches of several media outlets must report information about their 
staffs, finances, operations, and real estate in the PRC.\5\
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    \4\ See remarks by the Ministry of Foreign Affairs of the 
People's Republic of China: https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/t1757162.shtml (Mar. 18, 2020).
    \5\ Id.
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    Although the PRC government tried to paint these actions as 
``reciprocal'' and ``in response to the discriminatory'' measures 
placed on U.S.-based Chinese Communist Party-controlled news outlets by 
the U.S. Government,\6\ the open-source information outlined in this 
rule including the FCCC report demonstrates that the PRC government's 
actions are not merely ``reciprocal'' as it claims, but instead an 
escalation of hostile measures targeting a free press within its 
borders.
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    \6\ Id.
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    Alarmingly, foreign reporters who have been expelled tend to be 
reporters who have reported on topics that are critically important to 
an international audience: The Chinese Communist Party's indoctrination 
camps and the use of forced labor to produce export products for U.S. 
consumers; high-level corruption; and the manner in which wealth and 
power are employed by top leaders, sometimes against the interests of 
American business. For example, in 2018, the PRC effectively expelled 
Megha Rajagopalan, Buzzfeed News' China bureau chief, by refusing to 
renew her visa. Ms. Rajagopalan had extensively reported on 
surveillance and mass incarceration of minorities in the Xinjiang 
region of northwest China.
    The FCCC's Report on Media Freedoms in 2019 further reveals that 
foreign journalists are receiving severely shortened visa admission 
periods and reporting credentials, one for just two and a half months. 
Moreover, the FCCC Report indicates that foreign journalists

[[Page 27647]]

applying for visa renewals face numerous challenges, with a record 
number of at least 12 correspondents receiving visas of six months or 
less. Indeed, 25 percent of FCCC survey respondents reported they 
received visas of less than 12 months, the typical duration of PRC-
issued credentials. One European-based reporter interviewed for the 
Report described their experience as follows: ``I've been given press 
cards of seriously curtailed validity, one 6-month and two 3-month 
cards. And the renewals have been long, drawn out affairs, often taking 
four weeks or more.''
    The Department is therefore issuing this rule to address the 
actions of the PRC government and to enhance reciprocity in the 
treatment of U.S. journalists in the PRC. Foreign nationals who present 
a passport issued by the PRC, with the exception of Hong Kong Special 
SAR and Macau SAR passport holders, may no longer be admitted for an 
indefinite period. This approach taken by the Department--admitting 
foreign nationals who present certain PRC passports for up to a 90-day 
period with the ability to apply for extensions of status--more 
appropriately aligns with U.S. foreign policy and the principle of 
reciprocity set forth in the INA. [The PRC typically issues a three-
month, single entry visa to foreign journalists, including to U.S. 
citizens. Despite this three-month visa, the PRC expects employed 
individuals to apply for a residency permit within 30 days of entering 
the PRC. The individuals, including U.S. citizens, must go to the local 
Entry Exit Bureau office in order to apply for a residency permit. The 
residency permit allows the individual to live and work in the PRC, and 
to enter and exit regularly. Although residency permits had typically 
been issued by the PRC in one-year increments, based on information 
provided by the U.S. Department of State, the PRC is increasingly 
issuing U.S. citizen journalists residency permits of less than one 
year.
    Accordingly, this rule addresses the actions of the PRC government 
and creates a greater degree of reciprocity with the treatment the PRC 
accords foreign journalists, including U.S. citizens, who are 
increasingly receiving shorter and shorter durations of stay, as well 
as increasing uncertainty during the visa renewal process. This rule 
requires foreign nationals who present a passport issued by the PRC, 
with the exception of Hong Kong SAR and Macau SAR passport holders with 
I nonimmigrant status to depart on or before a specified date, thus 
decreasing the opportunity for them to remain for a period greater than 
that provided to journalists from the United States presently in the 
PRC.
    The rule does not contain any substantive changes to the admission 
or duration of status period of stay provisions currently applicable to 
I visa holders coming to the United States from any country other than 
the PRC.
    Aliens with I nonimmigrant status who entered using a passport 
issued by the PRC (that is not a Hong Kong SAR passport or a Macau SAR 
passport), who are properly maintaining their status and are present in 
the United States on May 8, 2020 will have their status, and employment 
incident to such status, automatically extended for a period necessary 
to complete their authorized activity, not to exceed 90 days from May 
8, 2020. Subsequently, they may apply for extensions of stay. An alien 
subject to this rule who timely files an application for an extension 
of stay, is authorized to stay in the United States and continue 
employment with the same employer for a period not to exceed 90 days 
beginning on the date of the expiration of the authorized period of 
stay. However, if USCIS adjudicates the application prior to the 
expiration of the 90-day period, and denies the application for an 
extension of stay, the alien is required to immediately depart the 
United States. In determining this transition procedure, DHS considered 
the reliance interests of these nonimmigrants who had chosen to 
temporarily come to the United States, and does not believe the changes 
will significantly affect these interests. DHS is not changing the 
fundamental requirements to qualify for this nonimmigrant status, 
rather it is only changing the length of time and including a 
requirement to apply for an extension of stay. A fixed date of 
admission simply places these nonimmigrants in the same position as 
most other nonimmigrants who are temporarily in the United States.\7\
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    \7\ Accordingly, the ``retroactive'' effect, if any, is 
secondary (upsetting expectations by changing future legal effects 
of past actions, i.e., admission in I nonimmigrant status) rather 
than primary (changing the past legal effect of the past action). 
See, e.g., Nat'l Cable & Telecomms. Ass'n v. FCC, 567 F.3d 659, 670 
(D.C. Cir. 2009) (``Here the Commission . . . has not rendered past 
actions illegal or otherwise sanctionable. It is often the case that 
a business [or individual] will undertake a certain course of 
conduct based on the current law, and will then find its 
expectations frustrated when the law changes. Such expectations, 
however legitimate, cannot furnish a sufficient basis for 
identifying impermissibly retroactive rules.'' (citation and 
quotation marks omitted)).
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    A second option that DHS considered was to allow I visa holders 
already admitted to the United States on the date of enactment of this 
rule who entered on passports issued by the PRC, with the exception of 
those who entered on a Hong Kong SAR passport or a Macau SAR passport, 
to keep their duration of status admission until they departed the 
United States. However, the Department rejected that alternative 
because it would undermine the goals of this rulemaking initiative, 
especially the goal of enhancing reciprocity and addressing the actions 
of the PRC Government as described above.

II. Discussion of Regulatory Changes

    In order to effect the changes described above, DHS amends 8 CFR 
214.2(i). As currently interpreted, 8 CFR 214.2(i) provides that I visa 
holders may be admitted for the duration of employment in the United 
States. The Department is revising 8 CFR 214.2(i) to provide that DHS 
will continue to admit all I nonimmigrants, except foreign nationals 
who present a passport issued by the PRC, with the exception of Hong 
Kong SAR and Macau SAR passport holders, for the duration of status. 
The period of admission in I nonimmigrant status for such PRC nationals 
is revised so that the maximum initial admission period is 90 days. 
Such I visa holders can request extensions, each for a maximum duration 
of 90 days.

III. Statutory and Regulatory Review

A. Administrative Procedure Act

    The Administrative Procedure Act (``APA'') generally requires 
agencies to publish notice of a proposed rulemaking in the Federal 
Register for a period of public comment and to delay the effective date 
of the final rule. However, rules that involve a foreign affairs 
function of the United States are excluded from the rulemaking 
provisions of the APA. See 5 U.S.C. 553(a)(1). For the reasons 
discussed below, this rule involves a foreign affairs function of the 
United States. The Department, after consultation with DOS, in direct 
and measured response to the actions of the PRC government, is adopting 
this rule to limit the duration of admission for media representatives 
from the PRC with the exception of Hong Kong SAR or Macau SAR passport 
holders.
    In order to obtain and be admitted to the United States with an I 
visa, a representative of foreign information media must be a national 
of a country whose government grants similar privileges to 
representatives of media from the United States. See 8 U.S.C. 
1101(a)(15)(I) (providing that I nonimmigrant visas may be issued 
``upon a basis of reciprocity''). One such government is the PRC. 
Recently, the

[[Page 27648]]

PRC revoked the press credentials and expelled three reporters from the 
United States based in Beijing.\8\ Such an act demonstrates that the 
PRC is no longer willing to grant similar privileges to United States 
media representatives as those granted to members of the Chinese media 
in the United States. This rule encompasses diplomatic relations with 
the PRC regarding the authorized terms and conditions of admission of 
representatives of radio, film or other information media as they 
perform such functions abroad. The U.S. Court of Appeals for the Second 
Circuit, in City of New York v. Permanent Mission of India to United 
Nations, made clear that regulation of the reciprocal treatment to be 
afforded to representatives of foreign nations in the United States 
``relates directly to, and has clear consequences for, foreign 
affairs.'' 618 F.3d 172, 201 (2d Cir. 2010).
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    \8\ China Expels Three Wall Street Journal Reporters, Wall 
Street Journal, Feb. 19, 2020, available at https://www.wsj.com/articles/china-expels-three-wall-street-journal-reporters-11582100355.
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    Any diplomatic negotiations between the United States and the PRC 
as to the reciprocal treatment of foreign media representatives will be 
more effective in ensuring full and fair access for U.S. journalists 
and less disruptive to long-term relations the sooner this final rule 
is in place. Rajah v. Mukasey, 544 F.3d 427, 438 (2d Cir. 2008) 
(finding that the notice and comment process can be ``slow and 
cumbersome,'' which can negatively impact efforts to secure U.S. 
national interests, thereby justifying application of the foreign 
affairs exemption). Furthermore, notice and comment procedures prior to 
the effective date of this rule would disrupt the Executive Branch's 
foreign policy with respect to the PRC and erode the sovereign 
authority of the United States to pursue the strategy it deems to be 
most appropriate as it engages with foreign nations. See Am. Ass'n of 
Exps. & Imps.-Textile & Apparel Grp. v. United States, 751 F.2d 1239, 
1249 (Fed. Cir. 1985) (noting that the foreign affairs exception covers 
agency actions ``linked intimately with the Government's overall 
political agenda concerning relations with another country'').

B. Executive Orders 12866, 13563 and 13771

    Executive Orders 13563 and 12866 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. Executive Order 13771 directs agencies to reduce 
regulation and control regulatory costs, and provides that ``for every 
one new regulation issued, at least two prior regulations be identified 
for elimination, and that the cost of planned regulations be prudently 
managed and controlled through a budgeting process.'' \9\
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    \9\ See 82 FR 9339 (Feb. 3, 2017).
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    Rules involving the foreign affairs function of the United States 
are exempt from the requirements of Executive Order 13563, 12866, and 
13771. This final rule advances the President's foreign policy goals, 
as they impact a specific bilateral relationship. The Office of 
Information and Regulatory Affairs has concurred that this rulemaking 
falls under the foreign affairs function of Executive Order 12866. As 
this rule is thus not a significant regulatory action under E.O. 12866, 
it is not subject to E.O. 13771. Nevertheless, CBP has reviewed this 
rule to ensure its consistency with the regulatory philosophy and 
principles set forth in Executive Orders 13563, 12866, and 13771.
    In 2019, 561 I visas were issued to PRC nationals. For purposes of 
this analysis, DHS projects the number of I visa visitors from PRC to 
remain the same as in 2019, only for the period necessary to accomplish 
the authorized purpose of their stay in the United States, not to 
exceed 90 days with the possibility of applying for extensions of stay.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended 
by the Small Business Regulatory Enforcement and Fairness Act of 1996, 
requires an agency to prepare and make available to the public a 
regulatory flexibility analysis that describes the effect of a proposed 
rule on small entities (i.e., small businesses, small organizations, 
and small governmental jurisdictions) when the agency is required to 
publish a general notice of proposed rulemaking for a rule. Since a 
notice of proposed rulemaking is not necessary for this rule, CBP is 
not required to prepare a regulatory flexibility analysis for this 
rule.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 
enacted as Public Law 104-4 on March 22, 1995, requires each Federal 
agency, to the extent permitted by law, to prepare a written assessment 
of the effects of any Federal mandate in a proposed or final agency 
rule that may result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of 
$100,000,000 or more (adjusted annually for inflation) in any one year. 
See 2 U.S.C. 1532(a). This rule will not result expenditure by state, 
local, and tribal governments, in the aggregate, or by the private 
section, of $100 million or more in any one year. Therefore, no actions 
were deemed necessary under the provisions of the Unfunded Mandates 
Reform Act of 1995.

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109 
Stat. 163 (1995) (PRA), all Departments are required to submit to OMB, 
for review and approval, any reporting or recordkeeping requirements 
inherent in a rule. DHS, USCIS, and CBP are revising one information 
collection related to this rulemaking action, increasing the number of 
respondents impacted by this collection of information due to the 
requirements set forth by the rulemaking. The agency is requesting 
approval separate from this rulemaking for the collection to be revised 
following the emergency processing provisions of 5 CFR 1320.13 so this 
collection can be immediately available when the rule goes into effect. 
The information below is provided solely for informational purposes. 
The agency will undergo notice and comment on this.
I-539 and I-539A
Overview of Information Collection
    (1) Type of Information Collection: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application to Extend/Change 
Nonimmigrant Status.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-539 and I-539A; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. This form 
will be used for nonimmigrants to apply for an extension of stay, for a 
change to another nonimmigrant classification, or for obtaining I 
nonimmigrant classification.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to

[[Page 27649]]

respond: The estimated total number of respondents for the information 
collection Form I-539 (paper) is 175,860 and the estimated hour burden 
per response is 2.00 hours; the estimated total number of respondents 
for the information collection Form I-539 (e-file) is 75,369 and the 
estimated hour burden per response is 1.08 hours; the estimated total 
number of respondents for the information collection I-539A is 54,865 
and the estimated hour burden per response is .50 hours; the estimated 
total number of respondents for biometrics processing is 376,496 and 
the estimated hour burden per response is 1.17 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection of information in hours is 901,051.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $56,627,017.

F. Congressional Review Act

    Under the Congressional Review Act, a rule that is likely to result 
in an annual effect on the U.S. economy of $100,000,000 or more is 
considered a major rule. See 5 U.S.C. 804. Generally, the effective 
date of a major rule must be the later of these two dates: 60 days 
after publication in the Federal Register, or 60 days after delivery of 
the report to Congress. See 5 U.S.C. 801(a)(3). The Office of 
Information and Regulatory Affairs has concluded that this rule is not 
likely to result in an annual effect on the U.S. economy of 
$100,000,000 or more. Therefore, it does not meet the criteria for a 
major rule.

G. Signature

    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, is delegating the authority to 
electronically sign this document to Chad R. Mizelle, who is the Senior 
Official Performing the Duties of the General Counsel for DHS, for 
purposes of publication in the Federal Register.

List of Subjects in 8 CFR Part 214

    Administrative practice and procedure, Aliens.

Regulatory Amendments

    For the reasons stated in the preamble, we are amending 8 CFR part 
214 as follows:

PART 214--NONIMMIGRANT CLASSES

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1. The authority citation for part 214 continues to read as follows:

    Authority:  6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305, 1356, and 1372; 
section 643, Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 
114 Stat. 1477-1480; section 141 of the Compacts of Free Association 
with the Federated States of Micronesia and the Republic of the 
Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901 
note, and 1931 note, respectively, 48 U.S.C. 1806; 8 CFR part 2.


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2. Amend Sec.  214.2 by revising paragraph (i) to read as follows:


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

* * * * *
    (i) Representatives of information media--(1) In general. The 
admission of an alien of the class defined in section 101(a)(15)(I) of 
the Act constitutes an agreement by the alien not to change the 
information medium or his or her employer until he or she obtains 
permission to do so from the district director having jurisdiction over 
his or her residence. An alien classified as an information media 
nonimmigrant (I) may be admitted in or otherwise granted I nonimmigrant 
status for:
    (i) The duration of employment, except as provided in paragraph 
(i)(1)(ii) of this section; or
    (ii) In the case of an alien who presents a passport issued by the 
People's Republic of China (other than a Hong Kong Special 
Administrative Region passport or a Macau Special Administrative Region 
passport), until the activities or assignments consistent with the I 
classification are completed, not to exceed 90 days.
    (2) Extension of stay. An alien in I status who is described in 
paragraph (i)(1)(ii) of this section may be eligible for extensions of 
stay, each of up to 90 days or until the activities or assignments 
consistent with the I classification are completed (whichever date is 
earlier).
    (i) Notwithstanding 8 CFR 274a.12(b)(20), an alien in I status who 
is described in paragraph (i)(1)(ii) of this section whose status has 
expired, but who timely filed an application for an extension of stay, 
is authorized to stay in the United States and continue employment with 
the same employer for a period not to exceed 90 days beginning on the 
date of the expiration of the authorized period of stay. However, if 
USCIS adjudicates the application prior to the expiration of the 90-day 
period, and denies the application for an extension of stay, the alien 
must immediately depart the United States.
    (ii) To request an extension of stay, an alien in I status must 
file an application to extend his or her stay by submitting the form 
designated by USCIS, in accordance with that form's instructions, and 
with the required fee, including any biometrics required by 8 CFR 
103.16, as appropriate.
    (3) Change of status. An alien seeking to change from a different 
nonimmigrant status to, if eligible, an I status described in paragraph 
(i)(1)(ii) of this section, may be granted a period of stay until the 
activities or assignments consistent with the I classification are 
completed, not to exceed 90 days. To request a change from a different 
nonimmigrant status to an I status described in paragraph (i)(1)(ii), 
an alien must file an application to change his or her status by 
submitting the form designated by USCIS, in accordance with that form's 
instructions, and with the required fee, including any biometrics 
required by 8 CFR 103.16, as appropriate.
    (4) Transition from duration of status admission to a fixed 
admission period for aliens with I status who had presented a passport 
issued by the People's Republic of China (that is not a Hong Kong 
Special Administrative Region passport or a Macau Special 
Administrative Region passport) at the time of admission and are 
present in the U.S. on May 8, 2020. An alien in I status who is 
described in paragraph (i)(1)(ii) of this section who is properly 
maintaining his or her nonimmigrant status under the class defined in 
section 101(a)(15)(I) of the Act and is present in the United States on 
May 8, 2020 is authorized to remain in the United States in I status 
for a period necessary to complete the activity, not to exceed 90 days 
from May 8, 2020. Subsequently, the alien may apply for extensions of 
stay pursuant to, and subject to the conditions and limitations set 
forth in paragraph (i)(2) of this section.
* * * * *

Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S. 
Department of Homeland Security.
[FR Doc. 2020-10090 Filed 5-8-20; 8:45 am]
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