[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Rules and Regulations]
[Pages 14221-14229]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05357]



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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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 The Code of Federal Regulations is sold by the Superintendent of Documents. 
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  Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules 
and Regulations  

[[Page 14221]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 103, 106, 212, 213, 214, 245, and 248

RIN 1615-AA22


Inadmissibility on Public Charge Grounds; Implementation of 
Vacatur

AGENCY: U.S. Citizenship and Immigration Services, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule removes the regulations resulting from a final 
rule issued in August 2019, which has since been vacated by a Federal 
district court.

DATES: This rule is effective on March 9, 2021, as a result of the 
district court's vacatur.

FOR FURTHER INFORMATION CONTACT: Mark Phillips, Residence and 
Naturalization Division Chief, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
5900 Capital Gateway Drive, Camp Springs, MD 20746; telephone 240-721-
3000.

SUPPLEMENTARY INFORMATION:

I. Background and Basis for Removal of Regulations

    In August 2019, the U.S. Department of Homeland Security (DHS) 
issued a final rule titled, Inadmissibility on Public Charge 
Grounds.\1\ The rule was preliminarily enjoined by courts in the 
Southern District of New York, District of Maryland, Northern District 
of California, Eastern District of Washington, and Northern District of 
Illinois.\2\ Following a series of stays of the preliminary 
injunctions,\3\ DHS began applying the rule on February 24, 2020. Since 
that time, preliminary injunctions against the rule have been affirmed 
by the Second, Seventh, and Ninth Circuit Courts of Appeals.\4\ On 
November 2, 2020, the U.S. District Court for the Northern District of 
Illinois issued a Rule 54(b) judgment vacating the rule on the 
merits.\5\ On November 3, 2020, the Seventh Circuit granted an 
administrative stay of the district court's judgment and, on November 
19, 2020, the Seventh Circuit granted a stay pending appeal. On March 
9, 2021, DHS moved to dismiss its appeal before the Seventh Circuit, 
and the Seventh Circuit dismissed the appeal and the Rule 54(b) 
judgment went into effect. DHS is now implementing the judgment, i.e., 
the vacatur of the August 2019 rule.
---------------------------------------------------------------------------

    \1\ See 84 FR 41292 (Aug. 14, 2019); see also 84 FR 52357 (Oct. 
2, 2019) (making corrections).
    \2\ See City and Cnty. of San Francisco v. USCIS, 408 F. Supp. 
3d 1057 (N.D. Cal. 2019); Cook County, Ill. v. McAleenan, 417 F. 
Supp. 3d 1008 (N.D. Ill. 2019); Casa de Md. v. Trump, 414 F. Supp. 
3d 760 (D. Md. 2019) Make the Road New York v. Cuccinelli, 419 F. 
Supp. 3d 647 (S.D.N.Y. 2019); Wash. v. DHS, 408 F. Supp. 3d 1191 
(E.D. Wash. 2019).
    \3\ See Wolf v. Cook County, 140 S. Ct. 681 (2020) (staying 
preliminary injunction from the Northern District of Illinois); DHS 
v. New York, 140 S. Ct. 599 (2020) (staying preliminary injunctions 
from the Southern District of New York); City and Cnty. of San 
Francisco v. USCIS, 944 F.3d 773 (9th Cir. 2019) (staying 
preliminary injunctions from the Eastern District of Washington and 
Northern District of California); CASA de Md. v. Trump, No. 19-2222 
(4th Cir. Dec. 9, 2019) (staying preliminary injunction from the 
District of Maryland).
    \4\ See New York v. DHS, 969 F.3d 42 (2d Cir. 2020); Cook 
County, Ill. v. Wolf, 962 F.3d 208 (7th Cir. 2020); City and Cnty. 
of San Francisco v. USCIS, 981 F.3d 742 (9th Cir. 2020); see also 
Casa de Md. v. Trump, 981 F.3d 311 (4th Cir. 2020) (granting en banc 
review and vacating a panel opinion that had reversed a preliminary 
injunction). In July 2020, the Southern District of New York issued 
a second preliminary injunction against the rule for reasons related 
to the COVID-19 pandemic, which the Second Circuit later stayed. See 
New York v. DHS, 475 F. Supp. 3d 208 (S.D.N.Y. 2020), injunction 
stayed, 974 F.3d 210 (2d Cir. 2020).
    \5\ See Cook County, Ill. v. Wolf, No. 19-C-6334, 2020 WL 
6393005 (N.D. Ill. Nov. 2, 2020).
---------------------------------------------------------------------------

    This rule removes from the Code of Federal Regulations (CFR) the 
regulatory text that DHS promulgated in the August 2019 rule and 
restores the regulatory text to appear as it did prior to the issuance 
of the August 2019 rule.\6\ This rule also removes regulatory text that 
DHS initially promulgated in 8 CFR part 103 as part of the August 2019 
rule, but later moved to 8 CFR part 106 in the August 2020 final rule 
entitled U.S. Citizenship and Immigration Services Fee Schedule and 
Changes to Certain Other Immigration Benefit Request Requirements (2020 
USCIS fee rule).\7\ Although the regulatory text was moved as part of 
the 2020 USCIS fee rule, the content of the regulatory text was first 
issued in the August 2019 rule that has now been vacated.
---------------------------------------------------------------------------

    \6\ DHS notes that it has maintained changes that DHS made to 
the same regulations via other rulemakings that post-dated the 
August 2019 rule. For instance, on July 31, 2020, DHS published a 
rule revising the section heading for 8 CFR 103.6 to read, 
``Immigration Bonds.'' See 85 FR 45968, 45989 (July 31, 2020). DHS 
has maintained that section heading here, because it was made by a 
rule that has not been vacated. Similarly, on May 14, 2020, DHS 
published an interim final rule that revised the authority citation 
for 8 CFR part 212. See 85 FR 29264, 29311 (May 14, 2020). DHS has 
maintained that authority citation here.
    \7\ See 85 FR 46788 (Aug. 3, 2020). The 2020 USCIS fee rule is 
currently the subject of two preliminary injunctions. See Immigr. 
Leg. Res. Ctr. v. Wolf, No. 20-cv-05883-JSW, 2020 WL 5798269 (N.D. 
Cal. Sept. 29, 2020); Nw. Immigr. Rights Proj. v. USCIS, No. 19-
3283, 2020 WL 5995206 (Oct. 8, 2020).
---------------------------------------------------------------------------

    Because this rule simply implements the district court's vacatur of 
the August 2019 rule, as a consequence of which the August 2019 rule no 
longer has any legal effect, DHS is not required to provide notice and 
comment or delay the effective date of this rule. Moreover, good cause 
exists here for bypassing any otherwise applicable requirements of 
notice and comment and a delayed effective date. Notice and comment and 
a delayed effective date are unnecessary for implementation of the 
court's order vacating the rule and would be impracticable and contrary 
to the public interest in light of the agency's immediate need to 
implement the now-effective final judgment. See 5 U.S.C. 553(b)(B), 
(d). DHS has concluded that each of those three reasons--that notice 
and comment and a delayed effective date are unnecessary, 
impracticable, and contrary to the public interest--independently 
provides good cause to bypass any otherwise applicable requirements of 
notice and comment and a delayed effective date.

II. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (``PRA''), DHS is 
required to submit to the Office of Management and Budget (OMB), for 
review and approval, collections of information and changes to 
collections of information.\8\ Table 1 below lists all collections of 
information impacted by the vacatur.
---------------------------------------------------------------------------

    \8\ See Public Law 104-13, 109 Stat. 163 (May 22, 1995) codified 
at 44 U.S.C. 3501 et seq.

[[Page 14222]]



                                            Table 1--Summary of Forms
----------------------------------------------------------------------------------------------------------------
                                                   General purpose    General categories    Nexus to August 2019
    Form          Form name          Change            of form              filing                  rule
----------------------------------------------------------------------------------------------------------------
I-944.......  Declaration of    Discontinue.....  This form was     Applicants for         This form was the
               Self-                               used to           adjustment of status   primary basis for
               Sufficiency.                        demonstrate       who are subject to     determining whether
                                                   that an alien     the public charge      an applicant is
                                                   is not likely     ground of              inadmissible on the
                                                   to become a       inadmissibility.       public charge ground
                                                   public charge.                           (8 U.S.C.
                                                                                            1182(a)(4), as it
                                                                                            asked questions
                                                                                            about the factors
                                                                                            considered in a
                                                                                            public charge
                                                                                            inadmissibility
                                                                                            determination under
                                                                                            the August 2019
                                                                                            rule. Because of the
                                                                                            vacatur and removal
                                                                                            of the August 2019
                                                                                            rule, USCIS will no
                                                                                            longer use this
                                                                                            information
                                                                                            collection.
I-356.......  Request for       Discontinue.....  This form was     An obligor who posted  This form was used to
               Cancellation of                     used to request   Form I-945 on the      seek cancellation of
               a Public Charge                     cancellation of   alien's behalf or an   the Form I-945,
               Bond.                               the bond that     alien who posted       Public Charge Bond.
                                                   was submitted     Form I-945 on his or   Because of the
                                                   on Form I-945,    her own behalf, and    vacatur and removal
                                                   Public Charge     who sought to cancel   of the August 2019
                                                   Bond, on behalf   Form I-945 because     rule USCIS will no
                                                   of an alien.      the alien had          longer use this
                                                                     permanently departed   information
                                                                     the United States,     collection.
                                                                     naturalized, or
                                                                     died; the obligor or
                                                                     the alien sought
                                                                     cancellation of the
                                                                     bond following the
                                                                     alien's fifth
                                                                     anniversary of
                                                                     admission to the
                                                                     United States as a
                                                                     lawful permanent
                                                                     resident; or the
                                                                     alien, following the
                                                                     initial grant of
                                                                     lawful permanent
                                                                     resident status,
                                                                     obtains an
                                                                     immigration status
                                                                     that was exempt from
                                                                     the public charge
                                                                     ground of
                                                                     inadmissibility.
I-945.......  Public Charge     Discontinue.....  This form was     For applicants for     If an alien seeking
               Bond.                               the public        adjustment of status   adjustment of status
                                                   charge bond       inadmissible only      had been found
                                                   contract          based on the public    inadmissible under
                                                   between USCIS     charge ground and      the public charge
                                                   and the obligor.  who were permitted     ground, he or she
                                                                     to post a public       may have been
                                                                     charge bond. The       admitted to the
                                                                     form was completed     United States upon
                                                                     by the obligor, who    the posting of a
                                                                     posted the bond on     suitable and proper
                                                                     the alien's behalf     bond at the
                                                                     (or by an alien who    discretion of DHS.
                                                                     posted the bond on     Because of the
                                                                     his or her own         vacatur and removal
                                                                     behalf).               of the August 2019
                                                                                            rule USCIS will no
                                                                                            longer use this
                                                                                            information
                                                                                            collection.
I-485.......  Application to    Update--removes   This form is      For aliens applying    Adjustment of status
               Register          questions and     used by aliens    for adjustment of      applicants generally
               Permanent         instructions      present in the    status, including:     must be admissible
               Residence or      that clarified    United States     Immediate relatives    to the United
               Adjust Status.    what categories   to obtain         (spouses, children,    States, and must
                                 need to file      lawful            and parents of U.S.    demonstrate that
                                 Form I-944.       permanent         citizens) Family-      they are not
                                                   resident status.  based immigrants       inadmissible under
                                                                     (principal             any of the grounds
                                                                     beneficiaries and      in section 212(a),
                                                                     their dependents)      including public
                                                                     Employment-based       charge. However,
                                                                     immigrants             because of the
                                                                     (principal             vacatur and removal
                                                                     beneficiaries and      of the 2019 rule,
                                                                     their dependents)      and the
                                                                     Those who entered as   discontinuation of
                                                                     K nonimmigrants        Form I-944 USCIS
                                                                     (Fiance(e)s or         will no use these
                                                                     certain spouses of     elements of the
                                                                     U.S. citizens, and     information
                                                                     their children) who    collection.
                                                                     are seeking lawful
                                                                     permanent resident
                                                                     status based on the
                                                                     primary
                                                                     beneficiary's
                                                                     marriage to the U.S.
                                                                     citizen petitioner.
I-864.......  Affidavit of      Update--referenc  Statement/        Most family-based      Since the Form I-864W
               Support Under     e to Form I-      contract          immigrants and some    is being reinstated,
               Section 213A of   864W, which is    provided by a     employment-based       USCIS will include
               the INA.          being             sponsor to show   immigrants must have   references to that
                                 reinstated.       that the          a sponsor submit       form on the Form I-
                                                   sponsor has       this form.             864.
                                                   adequate
                                                   financial
                                                   resources to
                                                   support the
                                                   alien.
I-864EZ.....  Affidavit of      Update--referenc  Statement/        The sponsor is the     Since the Form I-864W
               Support Under     e to Form I-      contract          person who filed or    is being reinstated,
               Section 213A of   864W, which is    provided by       is filing Form I-      USCIS needs to
               the Act.          being             sponsor to show   130, Petition for      include references
                                 reinstated.       that the          Alien Relative, for    to that form on the
                                                   sponsor has       a relative being       Form I-864EZ.
                                                   adequate          sponsored; the
                                                   financial         relative the sponsor
                                                   resources to      is sponsoring is the
                                                   support the       only person listed
                                                   alien. This is    on Form I-130; and
                                                   a simpler         the income the
                                                   version of Form   sponsor is using to
                                                   I-864.            qualify is based
                                                                     entirely on the
                                                                     sponsor's salary or
                                                                     pension and is shown
                                                                     on one or more
                                                                     Internal Revenue
                                                                     Service (IRS) Form W-
                                                                     2s provided by the
                                                                     sponsor's employers
                                                                     or former employers.

[[Page 14223]]

 
I-864W......  Request for       Reinstate.......  Certain classes   Aliens who have        Because of the
               Exemption for                       of immigrants     earned 40 quarters     vacatur and removal
               Intending                           are exempt from   of SSA coverage.       of the 2019 rule and
               Immigrant's                         the Form I-864    Children who will      the rollback of the
               Affidavit of                        requirement and   become U.S. citizens   associated changes
               Support.                            therefore must    upon entry or          to Form I-485, Form
                                                   file Form I-      adjustment into the    I-864W is being
                                                   864W instead.     United States under    reinstated.
                                                                     INA 320. Self-
                                                                     Petitioning
                                                                     Widow(er) Form I-
                                                                     360, Petition for
                                                                     Amerasian, Widow(er)
                                                                     or Special
                                                                     Immigrant; Self-
                                                                     Petitioning bettered
                                                                     spouse or child.
I-129.......  Petition for      Update--removes   This form is       E-2 CNMI--    Because of the
               Nonimmigrant      questions and     issued by an      treaty investor        vacatur and removal
               Worker.           instructions      employer to       exclusively in the     of the 2019 rule,
                                 about receipt     petition USCIS    Commonwealth of the    USCIS is removing
                                 of public         for an alien      Northern Mariana       the public benefit
                                 benefits.         beneficiary to    Islands (CNMI).        condition
                                                   come              H-1B--         information
                                                   temporarily to    specialty occupation   collection elements
                                                   the United        worker; an alien       from Form I-129. As
                                                   States as a       coming to perform      a condition of
                                                   nonimmigrant to   services of an         granting extension
                                                   perform           exceptional nature     of stay and change
                                                   services or       that relate to a       of status, the
                                                   labor, or to      U.S. Department of     applicant no longer
                                                   receive           Defense-administered   must show that he or
                                                   training. This    project; or a          she has not
                                                   form is also      fashion model of       received, since
                                                   used by           distinguished merit    obtaining the
                                                   employers to      and ability.           nonimmigrant status
                                                   apply for         H-2A--         he or she is seeking
                                                   extension of      temporary              to extend or change
                                                   stay and change   agricultural worker.   public benefits, as
                                                   of status on      H-2B--         defined in former 8
                                                   behalf of         temporary              CFR 212.21(b), for
                                                   nonimmigrants.    nonagricultural        more than 12 months
                                                                     worker.                in the aggregate,
                                                                     H-3--trainee   within a 36-month
                                                                     L-1--          period.
                                                                     intracompany
                                                                     transferee.
                                                                     O-1--alien
                                                                     of extraordinary
                                                                     ability in arts,
                                                                     science, education,
                                                                     business, or
                                                                     athletics.
                                                                     O-2--
                                                                     accompanying alien
                                                                     who is coming to the
                                                                     United States to
                                                                     assist in the
                                                                     artistic or athletic
                                                                     performance of an O-
                                                                     1 artist or athlete.
                                                                     P-1--major
                                                                     league sports.
                                                                     P-1--
                                                                     internationally
                                                                     recognized athlete/
                                                                     entertainment group.
                                                                     P-1S--
                                                                     essential support
                                                                     personnel for a P-1.
                                                                     P-2--artist/
                                                                     entertainer in
                                                                     reciprocal exchange
                                                                     program.
                                                                     P-2S--
                                                                     essential support
                                                                     personnel for a P-2.
                                                                     P-3--artist/
                                                                     entertainer coming
                                                                     to the United States
                                                                     to perform, teach,
                                                                     or coach under a
                                                                     program that is
                                                                     culturally unique.
                                                                     P-3S--
                                                                     essential support
                                                                     personnel for a P-3.
                                                                     Q-1--alien
                                                                     coming temporarily
                                                                     to participate in an
                                                                     international
                                                                     cultural exchange
                                                                     program. Extension
                                                                     of Status.
                                                                     E-1--treaty
                                                                     trader.
                                                                     E-2--treaty
                                                                     investor (not
                                                                     including E-2 CNMI
                                                                     treaty investors.).
                                                                     E-3--Free
                                                                     Trade Agreement
                                                                     professionals from
                                                                     Australia. Free
                                                                     Trade Nonimmigrants--
                                                                     .
                                                                     H-1B1
                                                                     specialty occupation
                                                                     workers from Chile
                                                                     or Singapore and TN
                                                                     professionals from
                                                                     Canada or Mexico.
                                                                     R-1--
                                                                     religious worker.
I-129CW.....  Petition for a    Update--removes   This form is      This form is used by   Because of the
               CNMI-Only         questions and     used by an        an employer to         vacatur and removal
               Nonimmigrant      instructions      employer to       request an extension   of the 2019 rule,
               Transitional      about receipt     request an        of stay or change of   USCIS is removing
               Worker.           of public         extension of      status for an alien    the public benefit
                                 benefits.         stay or change    in the Commonwealth    condition
                                                   of status for a   of the Northern        information
                                                   temporary         Mariana Islands        collection elements
                                                   worker in the     (CNMI) temporarily     from Form I-129CW.
                                                   Commonwealth of   to perform services    As a condition of
                                                   the Northern      or labor as a CW-1,    granting extension
                                                   Mariana Islands   CNMI-Only              of stay and change
                                                   (CNMI).           Transitional Worker.   of status, the
                                                                                            applicant no longer
                                                                                            must show that he or
                                                                                            she has not
                                                                                            received, since
                                                                                            obtaining the
                                                                                            nonimmigrant status
                                                                                            he or she is seeking
                                                                                            to extend or change
                                                                                            public benefits, as
                                                                                            defined in former 8
                                                                                            CFR 212.21(b), for
                                                                                            more than 12 months
                                                                                            in the aggregate
                                                                                            within a 36-month
                                                                                            period.

[[Page 14224]]

 
I-539.......  Application to    Update--removes   This form is      CNMI residents         Because of the
               Extend/Change     questions and     used by certain   applying for an        vacatur and removal
               Nonimmigrant      instructions      nonimmigrants     initial grant of       of the 2019 rule,
               Status.           about receipt     (principal        status; Student (F)    USCIS is removing
                                 of public         filers) to        and vocational         the public benefit
                                 benefits for      apply for an      students (M)           condition
                                 principal         extension of      applying for           information
                                 aliens.           stay or change    reinstatement; and     collection elements
                                                   of status. In     Persons seeking V      from Form I-539. As
                                                   certain           nonimmigrant status    a condition of
                                                   circumstances,    or an extension of     granting extension
                                                   this form may     stay as a V            of stay and change
                                                   be used as an     nonimmigrant (spouse   of status, the
                                                   initial           or child of a lawful   applicant no longer
                                                   nonimmigrant      permanent resident     must show that he or
                                                   status, or        who filed a petition   she has not received
                                                   reinstatement     on or before           since obtaining the
                                                   of F-1 or M-1     December 21, 2000).    nonimmigrant status
                                                   status                                   he or she is seeking
                                                   (students).                              to extend or from
                                                                                            which he or she is
                                                                                            seeking to change
                                                                                            public benefits, as
                                                                                            defined in former 8
                                                                                            CFR 212.21(b), for
                                                                                            more than 12 months
                                                                                            in the aggregate
                                                                                            within a 36-month
                                                                                            period
I-539A......  ................  Update--removes   This form is      Co-Applicants of I-    Because of the
                                 questions and     used by certain   539 principal filers.  vacatur and removal
                                 instructions      nonimmigrants                            of the 2019 rule,
                                 about receipt     (co-applicants                           USCIS is removing
                                 of public         of the primary                           the public benefit
                                 benefits by co-   I-539                                    condition
                                 applicants of I-  applicants) to                           information
                                 539 applicants.   apply for an                             collection elements
                                                   extension of                             from Form I-539. As
                                                   stay or change                           a condition of
                                                   of status.                               granting extension
                                                                                            of stay and change
                                                                                            of status, the co-
                                                                                            applicant no longer
                                                                                            must show that he or
                                                                                            she has not
                                                                                            received, since
                                                                                            obtaining the
                                                                                            nonimmigrant status
                                                                                            he or she is seeking
                                                                                            to extend or from
                                                                                            which he or she is
                                                                                            seeking to change,
                                                                                            public benefits, as
                                                                                            defined in former 8
                                                                                            CFR 212.21(b), for
                                                                                            more than 12 months
                                                                                            in the aggregate
                                                                                            within a 36-month
                                                                                            period.
I-912.......  Request for Fee   Update--removes   This form may be  Certain Form I-485     Because of the
               Waiver.           a notice that a   filed with        applicants,            vacatur and removal
                                 request for a     certain USCIS     generally those who    of the 2019 rule,
                                 fee waiver may    benefit           are not subject to     USCIS is removing
                                 be a factor in    requests in       the public charge      the notice from the
                                 the public        order to          ground of              Form I-912
                                 charge            request a fee     inadmissibility and    instructions because
                                 determination.    waiver.           those applying under   a request of a fee
                                                                     certain humanitarian   waiver is no longer
                                                                     programs, may          a factor in the
                                                                     request a fee waiver   determination of
                                                                     on Form I-912.         public charge
                                                                     Applicants for E-2     inadmissibility.
                                                                     CNMI investor
                                                                     nonimmigrant status
                                                                     under 8 CFR
                                                                     214.2(e)(23) filing
                                                                     Form I-129 or Form I-
                                                                     539 may request a
                                                                     fee waiver.
----------------------------------------------------------------------------------------------------------------

    To conform with the requirements set forth by the PRA, USCIS 
requested and received emergency approval from OMB to take the 
following actions on certain collections on information as required by 
the vacatur of the August 2019 rule.

USCIS Form I-944

    (1) Type of Information Collection Request: Discontinuation of a 
currently approved form.
    (2) Title of the Form/Collection: Declaration of Self-Sufficiency.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-944; USCIS.
    (4) Affected public who were asked or required to respond, as well 
as a brief abstract: Primary: Individuals or households. Form I-944 
would have been used by an individual to demonstrate that he or she is 
not inadmissible based on the public charge ground.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: With the 
discontinuation of this information collection, there will be no 
respondents or hour burden per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: There will be no public hour burden.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: There will be no public cost burden.

USCIS Form I-356

    (1) Type of Information Collection Request: Discontinuation of a 
currently approved form.
    (2) Title of the Form/Collection: Request for Cancellation of 
Public Charge Bond.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-356; USCIS.
    (4) Affected public who were asked or required to respond, as well 
as a brief abstract: Primary: Individuals or household, business or 
other for profits. Respondents would have use this form to request 
cancellation of the public charge bond that was submitted on Form I-945 
on behalf of someone who is not a citizen of the United States.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: With the 
discontinuation of this information collection, there will be no 
respondents or hour burden per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: There will be no public hour burden.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: There will be no public cost burden.

USCIS Form I-945

    (1) Type of Information Collection Request: Discontinuation of a 
currently approved form.
    (2) Title of the Form/Collection: Public Charge Bond.

[[Page 14225]]

    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-945; USCIS.
    (4) Affected public were asked or required to respond, as well as a 
brief abstract: Primary: Individuals or households, business or other 
for profit. This public charge bond would have been posted as security 
for performance and fulfillment of the financial obligations of a 
bonded individual, who is not a U.S. citizen, to the U.S. Government.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: With the 
discontinuation of this information collection, there will be no 
respondents or hour burden per response.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: There will be no public hour burden.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: There will be no public cost burden.

USCIS Form I-485

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application to Register Permanent 
Residence or Adjust Status.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-485; Supplement A; and Supplement 
J; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. The 
information collected is used to determine eligibility to adjust 
status.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-485 is 
578,708 and the estimated hour burden per response is 6.254 hours. The 
estimated total number of respondents for the information collection 
Supplement A is 29,213 and the estimated hour burden per response is 
1.25 hours. The estimated total number of respondents for the 
information collection Supplement J is 37,358 and the estimated hour 
burden per response is one hour. The estimated total number of 
respondents for the information collection of Biometrics is 578,708 and 
the estimated hour burden per response is 1.17 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 4,370,202 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $198,496,844.

USCIS Forms I-864; I-864A; I-864EZ; I-864W

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Affidavit of Support Under 
Section 213A of the INA; Contract Between Sponsor and Household Member; 
Affidavit of Support under Section 213 of the Act.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-864; Form I-864A; Form I-864EZ; 
and I-864W USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. Form I-
864. USCIS uses the data collected on Form I-864 to determine whether 
the sponsor has the ability to support the sponsored alien under 
section 213A of the Immigration and Nationality Act. This form 
standardizes evaluation of a sponsor's ability to support the sponsored 
alien and ensures that basic information required to assess eligibility 
is provided by petitioners. Form I-864A. Form I-864A is a contract 
between the sponsor and the sponsor's household members. It is only 
required if the sponsor used income of his or her household member(s) 
to reach the required 125 percent of the Federal poverty guidelines. 
The contract holds these household members jointly and severally liable 
for the support of the sponsored immigrant. The information collection 
required on Form I-864A is necessary for public benefit agencies to 
enforce the Affidavit of Support in the event the sponsor used income 
of his or her household members to reach the required income level and 
the public benefit agencies are requesting reimbursement from the 
sponsor. Form I-864EZ. USCIS uses Form I-864EZ in exactly the same way 
as Form I-864; however, USCIS collects less information from the 
sponsors as less information is needed from those who qualify in order 
to make a thorough adjudication. Form I-864W. USCIS uses Form I-864W to 
determine whether the intending immigrant meets the criteria for 
exemption from INA section 213A requirements. This form collects the 
immigrant's basic information, such as name and address, the reason for 
the exemption, and accompanying documentation in support of the 
immigrant's claim that they are not subject to INA section 213A.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-864 is 
453,345 and the estimated hour burden per response is 6 hours. The 
estimated total number of respondents for the information collection I-
864A is 215,800 and the estimated hour burden per response is 1.75 
hours. The estimated total number of respondents for the information 
collection I-864EZ is 100,000 and the estimated hour burden per 
response is 2.5 hours. The estimated total number of respondents for 
the information collection I-864W is 98,119 and the estimated hour 
burden per response is 1 hour.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 3,445,839 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $159,608,680.

USCIS Form I-129

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Petition for Nonimmigrant Worker.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-129; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Business or other for-profit. USCIS 
uses the data collected on this form to determine eligibility for the 
requested nonimmigrant petition and/or requests to extend or change 
nonimmigrant status. An employer (or agent, where applicable) uses this 
form to petition USCIS for an alien to temporarily enter as a 
nonimmigrant. An employer (or agent, where applicable) also uses this 
form to request an extension of stay or change of status on behalf of 
the alien worker. The form serves the purpose of standardizing requests 
for nonimmigrant workers and ensuring that basic information required 
for

[[Page 14226]]

assessing eligibility is provided by the petitioner while requesting 
that beneficiaries be classified under certain nonimmigrant employment 
categories. It also assists USCIS in compiling information required by 
Congress annually to assess effectiveness and utilization of certain 
nonimmigrant classifications.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-129 is 
294,751 and the estimated hour burden per response is 2.34 hours. The 
estimated total number of respondents for the information collection I-
129, E-1/E-2 Classification Supplement is 4,760 and the estimated hour 
burden per response is 0.67 hours. The estimated total number of 
respondents for the information collection I-129, Trade Agreement 
Supplement is 3,057 and the estimated hour burden per response is 0.67 
hours. The estimated total number of respondents for the information 
collection I-129, H Classification Supplement is 96,291 and the 
estimated hour burden per response is two hours. The estimated total 
number of respondents for the information collection I-129, H-1B and H-
1B1 Data Collection and Filing Fee Exemption Supplement is 96,291 and 
the estimated hour burden per response is one hour. The estimated total 
number of respondents for the information collection I-129, L 
Classification Supplement is 37,831 and the estimated hour burden per 
response is 1.34 hours. The estimated total number of respondents for 
the information collection I-129, O and P Classifications Supplement is 
22,710 and the estimated hour burden per response is one hour. The 
estimated total number of respondents for the information collection I-
129, Q-1 Classification Supplement is 155 and the estimated hour burden 
per response is 0.34 hours. The estimated total number of respondents 
for the information collection I-129, R-1 Classification is 6,635 and 
the estimated hour burden per response is 2.34 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 1,072,810 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $70,681,290.

USCIS Form I-129CW

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Petition for a CNMI-Only 
Nonimmigrant Transitional Worker.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-129CW; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Business or other for profit. USCIS 
uses the data collected on this form to determine eligibility for the 
requested immigration benefits. An employer uses this form to petition 
USCIS for an alien to temporarily enter as a nonimmigrant into the CNMI 
to perform services or labor as a CNMI-Only Transitional Worker (CW-1). 
An employer also uses this form to request an extension of stay or 
change of status on behalf of the alien worker. The form serves the 
purpose of standardizing requests for these benefits and ensuring that 
the basic information required to determine eligibility, is provided by 
the petitioners. USCIS collects biometrics from aliens present in the 
CNMI at the time of requesting initial grant of CW-1 status. The 
information is used to verify the alien's identity, background 
information and ultimately adjudicate their request for CW-1 status.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-129CW is 
5,975 and the estimated hour burden per response is 3.5 hours. The 
estimated total number of respondents for the information collection I-
129CW is 5,975 and the estimated hour burden per response is 2.5 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 35,850 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $3,809,063.

USCIS Form I-539 and Form I-539A

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application to Extend/Change 
Nonimmigrant Status.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: Form I-539 and I-539A; USCIS.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: Primary: Individuals or households. This form 
will be used for nonimmigrants to apply for an extension of stay, for a 
change to another nonimmigrant classification, or for obtaining V 
nonimmigrant classification.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection Form I-539 
(paper filing) is 174,289 and the estimated hour burden per response is 
2 hours. The estimated total number of respondents for the information 
collection Form I-539 (e-filing) is 74,696 and the estimated hour 
burden per response is 1.08 hours. The estimated total number of 
respondents for the information collection I-539A is 54,375 and the 
estimated hour burden per response is 0.5 hour. The estimated total 
number of respondents for the information collection of Biometrics is 
373,477 and the estimated hour burden per response is 1.17 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection is 893,630 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $56,121,219.

USCIS Form I-912

    Implementation of the vacatur will result in non-substantive edits 
to USCIS Form I-912, Request for Fee Waiver. These edits will remove 
the language that stated that the submission of a fee waiver request 
and approval of a fee waiver could negatively impact eligibility for an 
immigration benefit that is subject to the public charge 
inadmissibility determination. Accordingly, USCIS has submitted a PRA 
Change Worksheet, Form OMB 83-C, and amended information collection 
instrument to OMB for review and approval in accordance with the PRA.

List of Subjects

8 CFR 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Immigration, Privacy, 
Reporting and recordkeeping requirements, Surety bonds.

[[Page 14227]]

8 CFR Part 106

    Fees, Immigration.

8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

8 CFR Part 213

    Immigration, Surety bonds.

8 CFR Part 214

    Administrative practice and procedure, Aliens, Cultural exchange 
programs, Employment, Foreign officials, Health professions, Reporting 
and recordkeeping requirements, Students.

8 CFR Part 245

    Aliens, Immigration, Reporting and recordkeeping requirements.

8 CFR Part 248

    Aliens, Reporting and recordkeeping requirements.

    Accordingly, DHS amends chapter I of title 8 of the Code of Federal 
Regulations as follows:

PART 103--IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS; 
AVAILABILITY OF RECORDS

0
1. The authority citation for part 103 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 
1356, 1365b; 31 U.S.C. 9701; Pub. L. 107-296, 116 Stat. 2135 (6 
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 
Comp., p. 166; 8 CFR part 2; Pub. L. 112-54; 125 Stat. 550; 31 CFR 
part 223.


0
2. Section 103.6 is amended by:
0
a. Revising paragraphs (a)(1), (a)(2)(i), and (c)(1);
0
b. Removing paragraph (d)(3); and
0
c. Revising paragraph (e).
    The revisions read as follows:


Sec.  103.6  Immigration bonds.

    (a) * * *
    (1) Extension agreements; consent of surety; collateral security. 
All surety bonds posted in immigration cases shall be executed on Form 
I-352, Immigration Bond, a copy of which, and any rider attached 
thereto, shall be furnished the obligor. A district director is 
authorized to approve a bond, a formal agreement to extension of 
liability of surety, a request for delivery of collateral security to a 
duly appointed and undischarged administrator or executor of the estate 
of a deceased depositor, and a power of attorney executed on Form I-
312, Designation of Attorney in Fact. All other matters relating to 
bonds, including a power of attorney not executed on Form I-312 and a 
request for delivery of collateral security to other than the depositor 
or his or her approved attorney in fact, shall be forwarded to the 
regional director for approval.
    (2) * * *
    (i) General. Bond riders shall be prepared on Form I-351, Bond 
Riders, and attached to Form I-352. If a condition to be included in a 
bond is not on Form I-351, a rider containing the condition shall be 
executed.
* * * * *
    (c) * * *
    (1) Public charge bonds. A public charge bond posted for an 
immigrant shall be cancelled when the alien dies, departs permanently 
from the United States or is naturalized, provided the immigrant did 
not become a public charge prior to death, departure, or 
naturalization. The district director may cancel a public charge bond 
at any time if he/she finds that the immigrant is not likely to become 
a public charge. A bond may also be cancelled in order to allow 
substitution of another bond. A public charge bond shall be cancelled 
by the district director upon review following the fifth anniversary of 
the admission of the immigrant, provided that the alien has filed Form 
I-356, Request for Cancellation of Public Charge Bond, and the district 
director finds that the immigrant did not become a public charge prior 
to the fifth anniversary. If Form I-356 is not filed, the bond shall 
remain in effect until the form is filed and the district director 
reviews the evidence supporting the form and renders a decision to 
breach or cancel the bond.
* * * * *
    (e) Breach of bond. A bond is breached when there has been a 
substantial violation of the stipulated conditions. A final 
determination that a bond has been breached creates a claim in favor of 
the United States which may not be released or discharged by a Service 
officer. The district director having custody of the file containing 
the immigration bond executed on Form I-352 shall determine whether the 
bond shall be declared breached or cancelled, and shall notify the 
obligor on Form I-323 or Form I-391 of the decision, and, if declared 
breached, of the reasons therefor, and of the right to appeal in 
accordance with the provisions of this part.
* * * * *

PART 106--USCIS FEE SCHEDULE

0
3. The authority citation for part 106 continues to read as follows:

    Authority:  8 U.S.C. 1101, 1103, 1254a, 1254b, 1304, 1356; Pub. 
L. 107-609; 48 U.S.C. 1806; Pub. L. 115-218.


Sec.  106.2  [Amended]

0
4. Section 106.2 is amended by removing and reserving paragraph (a)(15) 
and removing paragraph (a)(51).

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

0
5. The authority citation for part 212 is revised to read as follows:

    Authority:  6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and 
note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 
1255, 1359; section 7209 of Pub. L. 108-458 (8 U.S.C. 1185 note); 
Title VII of Pub. L. 110-229 (8 U.S.C. 1185 note); 8 CFR part 2; 
Pub. L. 115-218.
    Section 212.1(q) also issued under section 702, Pub. L. 110-229, 
122 Stat. 754, 854.


0
6. Section 212.18 is amended by revising paragraphs (b)(2) and (3) to 
read as follows:


Sec.  212.18  Applications for waivers of inadmissibility in connection 
with an application for adjustment of status by T nonimmigrant status 
holders.

* * * * *
    (b) * * *
    (2) If an applicant is inadmissible under sections 212(a)(1) or (4) 
of the Act, USCIS may waive such inadmissibility if it determines that 
granting a waiver is in the national interest.
    (3) If any other provision of section 212(a) renders the applicant 
inadmissible, USCIS may grant a waiver of inadmissibility if the 
activities rendering the alien inadmissible were caused by or were 
incident to the victimization and USCIS determines that it is in the 
national interest to waive the applicable ground or grounds of 
inadmissibility.
* * * * *


Sec. Sec.  212.20 through 212.23  [Removed]

0
7. Remove Sec. Sec.  212.20 through 212.23.

PART 213--ADMISSION OF ALIENS ON GIVING BOND OR CASH DEPOSIT

0
8. The authority citation for part 213 is revised to read as follows:

    Authority:  8 U.S.C. 1103; 8 CFR part 2.


0
9. Revise the heading for part 213 to read as set forth above.
0
10. Revise Sec.  213.1 to read as follows:


Sec.  213.1  Admission under bond or cash deposit.

    The district director having jurisdiction over the intended place 
of

[[Page 14228]]

residence of an alien may accept a public charge bond prior to the 
issuance of an immigrant visa to the alien upon receipt of a request 
directly from a United States consular officer or upon presentation by 
an interested person of a notification from the consular officer 
requiring such a bond. Upon acceptance of such a bond, the district 
director shall notify the U.S. consular officer who requested the bond, 
giving the date and place of acceptance and the amount of the bond. The 
district director having jurisdiction over the place where the 
examination for admission is being conducted or the special inquiry 
officer to whom the case is referred may exercise the authority 
contained in section 213 of the Act. All bonds and agreements covering 
cash deposits given as a condition of admission of an alien under 
section 213 of the Act shall be executed on Form I-352 and shall be in 
the sum of not less than $1,000. The officer accepting such deposit 
shall give his receipt therefor on Form I-305. For procedures relating 
to bond riders, acceptable sureties, cancellation or breaching of 
bonds, see Sec.  103.6 of this chapter.

PART 214--NONIMMIGRANT CLASSES

0
11. The authority citation for part 214 continues to read as follows:

    Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, 
Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 
1477-1480; section 141 of the Compacts of Free Association with the 
Federated States of Micronesia and the Republic of the Marshall 
Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 
1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2, Pub. L. 115-
218.


Sec.  214.1  [Amended]

0
12. Section 214.1 is amended by removing paragraph (a)(3)(iv) and by 
adding the word ``and'' at the end of paragraph (c)(4)(iii).


Sec.  214.2  [Amended]

0
13. Section 214.2 is amended by removing ``8 CFR 248.1(c)'' from the 
end of paragraph (h)(20) and adding in its place ``8 CFR 248.1(b)''.

PART 245--ADJUSTMENT OF STATUS TO THAT OF A PERSON ADMITTED FOR 
PERMANENT RESIDENCE

0
14. The authority citation for part 245 continues to read as follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1255; Pub. L. 105-100, 
section 202, 111 Stat. 2160, 2193; Pub. L. 105-277, section 902, 112 
Stat. 2681; Pub. L. 110-229, tit. VII, 122 Stat. 754; 8 CFR part 2.


Sec.  245.4  [Amended]

0
15. Section 245.4 is amended by removing the paragraph (a) designation 
and removing paragraph (b).

0
16. Section 245.23 is amended by revising paragraph (c)(3) to read as 
follows:


Sec.  245.23  Adjustment of aliens in T nonimmigrant classification.

* * * * *
    (c) * * *
    (3) The alien is inadmissible under any other provisions of section 
212(a) of the Act and has not obtained a waiver of inadmissibility in 
accordance with 8 CFR 212.18 or 214.11(j). Where the applicant 
establishes that the victimization was a central reason for the 
applicant's unlawful presence in the United States, section 
212(a)(9)(B)(iii) of the Act is not applicable, and the applicant need 
not obtain a waiver of that ground of inadmissibility. The applicant, 
however, must submit with the Form I-485 evidence sufficient to 
demonstrate that the victimization suffered was a central reason for 
the unlawful presence in the United States. To qualify for this 
exception, the victimization need not be the sole reason for the 
unlawful presence but the nexus between the victimization and the 
unlawful presence must be more than tangential, incidental, or 
superficial.
* * * * *

PART 248--CHANGE OF NONIMMIGRANT CLASSIFICATION

0
17. The authority citation for part 248 continues to read as follows:

    Authority:  8 U.S.C. 1101, 1103, 1184, 1258; 8 CFR part 2.


0
18. Revise Sec.  248.1 to read as follows:


Sec.  248.1  Eligibility.

    (a) General. Except for those classes enumerated in Sec.  248.2, 
any alien lawfully admitted to the United States as a nonimmigrant, 
including an alien who acquired such status pursuant to section 247 of 
the Act, 8 U.S.C. 1257, who is continuing to maintain his or her 
nonimmigrant status, may apply to have his or her nonimmigrant 
classification changed to any nonimmigrant classification other than 
that of a spouse or fianc(e), or the child of such alien, under section 
101(a)(15)(K) of the Act, 8 U.S.C. 1101(a)(15)(K), or as an alien in 
transit under section 101(a)(15)(C) of the Act, 8 U.S.C. 
1101(a)(15)(C). An alien defined by section 101(a)(15)(V), or 
101(a)(15)(U) of the Act, 8 U.S.C. 1101(a)(15)(V) or 8 U.S.C. 
1101(a)(15)(U), may be accorded nonimmigrant status in the United 
States by following the procedures set forth respectively in Sec.  
214.15(f) or Sec.  214.14 of this chapter.
    (b) Except in the case of an alien applying to obtain V 
nonimmigrant status in the United States under Sec.  214.15(f) of this 
chapter, a change of status may not be approved for an alien who failed 
to maintain the previously accorded status or whose status expired 
before the application or petition was filed, except that failure to 
file before the period of previously authorized status expired may be 
excused in the discretion of USCIS, and without separate application, 
where it is demonstrated at the time of filing that:
    (1) The failure to file a timely application was due to 
extraordinary circumstances beyond the control of the applicant or 
petitioner, and USCIS finds the delay commensurate with the 
circumstances;
    (2) The alien has not otherwise violated his or her nonimmigrant 
status;
    (3) The alien remains a bona fide nonimmigrant; and
    (4) The alien is not the subject of removal proceedings under 8 CFR 
part 240.
    (c) Change of nonimmigrant classification to that of a nonimmigrant 
student. (1) Except as provided in paragraph (c)(3) of this section, a 
nonimmigrant applying for a change of classification as an F-1 or M-1 
student is not considered ineligible for such a change solely because 
the applicant may have started attendance at school before the 
application was submitted. USCIS will deny an application for a change 
to classification as an M-1 student if the applicant intends to pursue 
the course of study solely in order to qualify for a subsequent change 
of nonimmigrant classification to that of an alien temporary worker 
under section 101(a)(15)(H) of the Act. Furthermore, an alien may not 
change from classification as an M-1 student to that of an F-1 student.
    (2) [Reserved]
    (3) A nonimmigrant who is admitted as, or changes status to, a B-1 
or B-2 nonimmigrant on or after April 12, 2002, or who files a request 
to extend the period of authorized stay as a B-1 or B-2 nonimmigrant on 
or after such date, may not pursue a course of study at an approved 
school unless the Service has approved his or her application for 
change of status to a classification as an F-1 or M-1 student. USCIS 
will deny the change of status if the B-1 or B-2 nonimmigrant enrolled 
in a course of study before filing the application for change of status 
or while the application is pending.

[[Page 14229]]

    (d) Application for change of nonimmigrant classification from that 
of a student under section 101(a)(15)(M)(i) to that described in 
section 101(a)(15)(H). A district director shall deny an application 
for change of nonimmigrant classification from that of an M-1 student 
to that of an alien temporary worker under section 101(a)(15)(H) of the 
Act if the education or training which the student received while an M-
1 student enables the student to meet the qualifications for temporary 
worker classification under section 101(a)(15)(H) of the Act.
    (e) Change of nonimmigrant classification to that as described in 
section 101(a)(15)(N). An application for change to N status shall not 
be denied on the grounds the applicant is an intending immigrant. 
Change of status shall be granted for three years not to exceed 
termination of eligibility under section 101(a)(15)(N) of the Act. 
Employment authorization pursuant to section 274(A) of the Act may be 
granted to an alien accorded nonimmigrant status under section 
101(a)(15)(N) of the Act. Employment authorization is automatically 
terminated when the alien changes status or is no longer eligible for 
classification under section 101(a)(15)(N) of the Act.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2021-05357 Filed 3-11-21; 4:15 pm]
BILLING CODE 9111-97-P