[Federal Register Volume 89, Number 56 (Thursday, March 21, 2024)]
[Rules and Regulations]
[Pages 20101-20105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-05935]



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 Rules and Regulations
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  Federal Register / Vol. 89, No. 56 / Thursday, March 21, 2024 / Rules 
and Regulations  

[[Page 20101]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 103, 106, 204, 212, 214, 240, 244, 245, 245a, 264, and 
274a

[CIS No. 2687-21; DHS Docket No. USCIS 2021-0010]
RIN 1615-AC68


U.S. Citizenship and Immigration Services Fee Schedule and 
Changes to Certain Other Immigration Benefit Request Requirements; 
Correction

AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department 
of Homeland Security (DHS).

ACTION: Final rule; correction.

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SUMMARY: USCIS is correcting a final rule that appeared in the Federal 
Register on January 31, 2024. The final rule amended DHS regulations to 
adjust certain immigration and naturalization benefit request fees 
charged by USCIS and made certain changes.

DATES: Effective April 1, 2024.

FOR FURTHER INFORMATION CONTACT: Carol Cribbs, Deputy Chief Financial 
Officer, U.S. Citizenship and Immigration Services, Department of 
Homeland Security, 5900 Capital Gateway Dr., Camp Springs, MD 20746; 
telephone 240-721-3000 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Background

    On January 31, 2024, the Department of Homeland Security (DHS) 
published a final rule in the Federal Register at 89 FR 6194 changing 
immigration and naturalization benefit request fees charged by U.S. 
Citizenship and Immigration Services (USCIS), fee exemptions and fee 
waiver requirements, premium processing time limits, and intercountry 
adoption processing (FR Doc. 2024-01427). After review of the published 
document, DHS identified a few errors in the preamble and regulatory 
text.
    In the final rule, there were a number of technical and 
typographical errors that are identified and corrected by the 
Correction of Errors and Technical Amendments section of this 
correcting document. The provisions in this correcting document are 
effective as if they had been included in the final rule document that 
appeared in the January 31, 2024, Federal Register.
    Accordingly, the corrections are effective on April 1, 2024, at 12 
a.m. Eastern Time. This document, and the corrections included in this 
document, do not change how DHS will apply the final rule; i.e., DHS 
will apply the corrected final rule only to applications and petitions 
postmarked (or, if applicable, submitted electronically) on or after 
April 1, 2024. Applications and petitions already pending with USCIS on 
April 1, 2024, (i.e., postmarked before April 1, 2024) will not be 
subject to the final rule.

II. Summary and Explanation of Corrections

A. Fee Exemptions and Waivers

    As discussed in the preamble, the final rule expands fee exemptions 
for certain filing categories.\1\ DHS identified a number of places 
where these fee exemptions were not accurately contained in either the 
preamble or regulatory text:
---------------------------------------------------------------------------

    \1\ See 89 FR at 6196; id. at 6212-32.
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Form I-765, Application for Employment Authorization
    The final rule created fee exemptions for a renewal or replacement 
Form I-765, Application for Employment Authorization, when filed by the 
following groups:
     Persons seeking or granted special immigrant visa or 
status as an Afghan or Iraqi translator or interpreter, Iraqi nationals 
employed by or on behalf of the U.S. Government, Afghan nationals 
employed by or on behalf of the U.S. Government or employed by the 
International Security Assistance Force (ISAF), and their 
derivatives.\2\
---------------------------------------------------------------------------

    \2\ See 89 FR at 6214; id. at 6227-32, Tables 5B, 5C; RIA Tables 
46, 47.
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     Abused spouses and children of U.S. citizens and lawful 
permanent residents seeking cancellation of removal under INA 
240A(b)(2), 8 U.S.C. 1229b(b)(2).\3\
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    \3\ See 89 FR at 6214; id. at 6227-32, Tables 5B, 5C; RIA Tables 
46, 47.
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     Current and former U.S. armed forces service members.\4\
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    \4\ See 89 FR at 6214; id. at 6227-32, Tables 5B, 5C; RIA Tables 
46, 47.
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    The final rule's summary of changes (II.C), Tables 5B and 5C, and 
supporting documents all confirm these additional fee exemptions. 
However, DHS inadvertently omitted the exemptions for the above groups 
in the regulatory text, which only listed the fee exemptions for an 
initial I-765 as was provided in the proposed rule.\5\ Therefore, DHS 
corrects the regulatory text portion of the final rule, 8 CFR 
106.2(a)(44)(iv)(E) (on page 6389, first column); 8 CFR 106.3(b)(3)(vi) 
(on page 6392, third column); and 8 CFR 106.3(b)(8)(i) (on page 6393, 
second column), to provide that a replacement or renewal Form I-765 is 
fee exempt for the groups identified above.
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    \5\ Cf. 88 FR 402, 592-95 (Jan. 4, 2023) (proposed 8 CFR 
106.2(a)(43)(v), (b)(3)(vi), (b)(8)(ii)).
---------------------------------------------------------------------------

Form I-290B, Notice of Appeal or Motion
    The fee for Form I-290B is waivable for any benefit where the 
underlying form fee is free or waived.\6\ However, in the preamble DHS 
inadvertently omitted a fee waiver for Form I-765V, Application for 
Employment Authorization for Abused Nonimmigrant Spouse, in Table 
5C.\7\ Therefore, in Table 5C in the preamble (page 6230) in the row 
entitled ``Abused Spouses of A, E-3, G, and H Nonimmigrants,'' DHS adds 
the text ``Form I-290B'' to the third column to indicate that a 
requester can submit a request to waive the fee for filing a motion to 
reopen or reconsider the denial of their I-765V.
---------------------------------------------------------------------------

    \6\ See 8 CFR 106.3(a)(3)(ii)(D); see also 8 CFR 
106.3(a)(3)(iii).
    \7\ See 89 FR 6230.
---------------------------------------------------------------------------

Form I-601A, Application for Provisional Unlawful Presence Waiver
    The final rule also created an additional fee exemption for Form I-
601A, Application for Provisional Unlawful Presence Waiver, when filed 
by a person seeking or granted Special Immigrant Juvenile (SIJ) 
classification.\8\

[[Page 20102]]

However, DHS inadvertently omitted this fee exemption from the 
regulatory text and Table 5C. Therefore, in Table 5C in the preamble 
(on page 6231), in the row entitled ``SIJs,'' DHS is adding the text 
``Form I-601A'' to the second column. In the regulatory text portion of 
the final rule, DHS adds 8 CFR 106.3(b)(1)(vii) (on page 6392) in the 
first column to indicate that Form I-601A is fee exempt for persons 
seeking or granted SIJ classification.
---------------------------------------------------------------------------

    \8\ See 89 FR 6214 (``DHS also provides a fee exemption for SIJs 
filing Form I-601A . . . .''); Table 5B; RIA Tables 46, 47.
---------------------------------------------------------------------------

Adoption Fees
    The final rule provides fee exemptions for adoption-related forms 
and summarizes the new exemptions in Table 7: Adoption Fees.\9\ 
However, this table was mistakenly referred to as ``Table 8'' in the 
preamble.\10\ DHS corrects the preamble on page 6307, third column, of 
the final rule to include proper reference to Table 7.
---------------------------------------------------------------------------

    \9\ See 89 FR 6308.
    \10\ See 89 FR at 6307 (``A summary of the new exemptions is 
listed in Table 8 below.'')
---------------------------------------------------------------------------

Special Rule Cancellation of Removal
    The final rule allows persons to request a waiver of any fee 
associated with a request for special rule cancellation of removal as a 
spouse or child that has been battered or subjected to extreme 
cruelty.\11\ The regulation text cites 8 U.S.C. 1229(b)(2) as the 
statute for this underlying benefit; however, the proper statutory 
citation is 8 U.S.C. 1229b(b)(2). The final rule mistakenly repeats a 
typo that originated in the proposed rule.\12\ Therefore, DHS corrects 
the regulatory text, 8 CFR 106.3(a)(3)(iii) (on page 6392, first 
column) with the proper legal citation for special rule cancellation of 
removal for spouses and children who have been battered or subjected to 
extreme cruelty.\13\
---------------------------------------------------------------------------

    \11\ See 8 CFR 106.3(a)(3)(iii); 89 FR at 6392.
    \12\ See 88 FR at 594.
    \13\ See 88 FR at 6392, first column.
---------------------------------------------------------------------------

B. Online Filing Fee for Form I-539, Application To Extend/Change 
Nonimmigrant Status

    In the preamble, DHS incorrectly stated the final online filing fee 
for Form I-539, Application to Extend/Change Nonimmigrant Status. The 
final rule preamble stated that the Form I-539 fee for paper filing was 
$470 and the online filing fee was also $470.\14\ While DHS used the 
paper filing fee twice in the same sentence, it meant to include the 
$50 discount for online filing, making the Form I-539 fee $420 when 
filed online.\15\ DHS used the correct online filing fee of $420 
elsewhere in the preamble, including Table 1.\16\ In the regulatory 
text, DHS did not exempt Form I-539 from the online filing 
discount.\17\ DHS corrects the preamble of the final rule on page 6329, 
second column, to include the proper online filing fee for Form I-
539.\18\
---------------------------------------------------------------------------

    \14\ See 89 FR 6329, second column.
    \15\ See 8 CFR 106.1(g).
    \16\ See, e.g., 89 FR 6200-6201.
    \17\ See 8 CFR 106.2(a)(26).
    \18\ See 89 FR 6329, second column.
---------------------------------------------------------------------------

C. Corrections to Final Regulatory Flexibility Analysis Tables

    DHS corrects three tables in the Final Regulatory Flexibility 
Analysis section of the preamble. DHS identified that the note under 
Table 12b, in the preamble, on page 6362, inadvertently states the CNMI 
Educational Fund fee is $30.\19\ The note should have stated that the 
CNMI Educational Fund fee is $210. This correction does not impact the 
analysis of the regulation.
---------------------------------------------------------------------------

    \19\ See 89 FR at 6362.
---------------------------------------------------------------------------

    DHS corrects two rows in both Table 15 on page 6365, and Table 17 
on page 6366. The dollar amount in the columns A through F in the row 
labeled ``L-1A/L-1B/LZ Blanket'' and the dollar amounts in columns A 
through F in the row labeled O-1/O-2 petitions were transposed in both 
tables. The correct amounts are shown in Table 1 on page 6198 of the 
final rule. These corrections do not impact the analysis of the 
regulation.

D. Definition of Nonprofits

    DHS defined the term ``nonprofit'' on page 6386, column 2, in the 
final rule to offer discounts to the Asylum Program Fee and Form I-129, 
Petition for Nonimmigrant Worker, and Form I-129CW, Petition for a 
CNMI-Only Nonimmigrant Transitional Worker.\20\ DHS intended to 
administer the discount for petitioners in the final rule consistent 
with the discount provided from the American Competitiveness and 
Workforce Improvement Act (ACWIA).\21\ As stated in the final rule 
preamble, the INA provides for a reduced ACWIA fee if a petitioner is a 
primary or secondary education institution, an institution of higher 
education, as defined in section 1001(a) of title 20, a nonprofit 
entity related to or affiliated with any such institution, a nonprofit 
entity which engages in established curriculum-related clinical 
training of students registered at any such institution, a nonprofit 
research organization, or a governmental research organization.\22\ The 
INA does not define ``nonprofit'' in terms of the Internal Revenue Code 
(IRC) and the definitions of ``institution of higher education'' and 
``government research organization'' in 8 CFR 214.2(h)(19)(iv)(B) are 
not tied to the IRC. However, DHS inadvertently omitted educational 
organizations from the definition in 8 CFR 106.1(f)(2). In this 
correction, DHS clarifies the definition to include not-for-profit 
primary or secondary educational institutions, or institutions of 
higher education, as defined in section 101(a) of the Higher Education 
Act of 1965, 20 U.S.C. 1001(a). This correction is consistent with the 
preamble and DHS' intent.\23\
---------------------------------------------------------------------------

    \20\ See 89 FR 6209-6210, 8 CFR 106.1(f)(2).
    \21\ 89 FR 6209-10.
    \22\ Id.; INA section 214(c)(9)(A), 8 U.S.C. 1184(c)(9)(A).
    \23\ See 8 CFR 214.2(h)(19)(iii).
---------------------------------------------------------------------------

E. Online Filing Fee for Small Employers and Nonprofits

    The final rule implements various discounted fees, sometimes with 
exceptions. For example, DHS provides discounted fees to small 
employers and nonprofits for Forms I-129 and I-129CW and the Asylum 
Program Fee.\24\ DHS also revised the range of online filing fees that 
were in the proposed rule to instead use a $50 discount for online 
filing in most cases.\25\ DHS made exceptions to the $50 discount in 
limited circumstances, like when the form fee is already provided at a 
substantial discount or USCIS is prohibited by law from charging a full 
cost recovery level fee.\26\
---------------------------------------------------------------------------

    \24\ See 89 FR 6195-6196, 6208-6210, 6196, 8 CFR 106.2(a)(3), 8 
CFR 106.2(a)(4), 8 CFR 106.2(c)(13).
    \25\ See, e.g., 89 FR 6196, 6211-6212.
    \26\ See, e.g., 89 FR 6211, 8 CFR 106.2(a)(7)(vi), 8 CFR 
106.2(a)(50)(iv).
---------------------------------------------------------------------------

    DHS did not intend for customers to combine both the discounts for 
online filing and for small employer and nonprofit fees. DHS applies 
the same definition of small employers and nonprofits to both the 
Asylum Program Fee and the fees for Forms I-129 and I-129CW.\27\ The 
preamble and regulatory text specify that the online filing discount 
does not apply to the H-1B registration fee and the Asylum Program 
Fee.\28\ DHS did not intend to apply online filing discount in addition 
to providing small employer and nonprofit discounts for the fees for 
Forms I-129 and I-129CW. Various statements and tables in the preamble 
and supporting documentation support this assertion. Table 1 in the 
preamble lists online and paper filing fees for various benefit 
requests as well as the full fee and small employer and nonprofit fees 
for Forms I-129 and I-129CW, but it does not list

[[Page 20103]]

rows that combine both discounts.\29\ In Table 5 of the Regulatory 
Impact Analysis, DHS identifies paper filing and online filing fees for 
various benefit requests and Form I-129 rows do not have this 
distinction.\30\ The same table does have the distinct fees for small 
employers and nonprofits filing Form I-129.
---------------------------------------------------------------------------

    \27\ See, e.g., 89 FR 6195-6196, 6208-6210, 6291, 8 CFR 
106.1(f). DHS clarifies the definition of small employer and 
nonprofit elsewhere in this notice.
    \28\ See 8 CFR 106.2(c)(11)(iii), 8 CFR 106.2(c)(13)(iii).
    \29\ See 89 FR 6198-6204.
    \30\ See U.S. Citizenship and Immigr. Servs., U.S. Dep't of 
Homeland Security, Regulatory Impact Analysis (Jan. 2024), https://www.regulations.gov/document/USCIS-2021-0010-8179.
---------------------------------------------------------------------------

    DHS corrects the final rule to clarify the $50 online filing 
discount does not apply to the small employer and nonprofit petitions 
fees for Forms I-129, I-129CW and the Asylum Program Fee by amending 8 
CFR 106.2(a)(3); adding 8 CFR 106.2(a)(3)(xi) to state, ``The online 
filing discount in Sec.  106.1(g) does not apply to the fee for small 
employers and nonprofits in paragraphs (a)(3)(i), (a)(3)(iii), 
(a)(3)(v), and (a)(3)(ix) of this section.''; and clarifying 8 CFR 
106.2(a)(4)(ii).

F. Fee for Form I-129CW for a Small Employer and Nonprofit

    As discussed in the preamble to the final rule, for nonprofits and 
businesses with 25 or fewer FTE employees (including any affiliates and 
subsidiaries) filing Forms I-129 and I-129CW for the applicable 
nonimmigrant classification, DHS is setting the fee at either the 
current $460 fee or half of the new fee whichever is higher.\31\ The 
full fee for Form I-129CW is $1,015.\32\ Half of $1,015 rounded to the 
nearest $5 is $510.
---------------------------------------------------------------------------

    \31\ See 8 CFR 106.2(a)(3)(i), (a)(3)(iii), (a)(3)(ix), and 
(a)(4)(ii). See 89 FR 6194, 6386-7.
    \32\ See 8 CFR 106.2(a)(4)(i); 89 FR at 6386-7. See also 89 FR 
at 6198, Table 1; 89 FR at 6362, Table 12b.
---------------------------------------------------------------------------

    The final rule for filing Form I-129CW listed a small employer and 
nonprofit fee of $510 in various text and tables in the final rule 
preamble.\33\ Various supporting documents in the docket likewise list 
the fee as $510. For example, Tables 5 and 27 of the Regulatory Impact 
Analysis (RIA) for the final rule lists the small employers and 
nonprofits fee for Form I-129CW as $510.\34\ Likewise, Table 6 of the 
supporting documentation for the final rule lists the small employers 
and nonprofits fee for Form I-129CW as $510.\35\ However, the 
regulatory text for Form I-129CW inadvertently listed the prior fee 
which was $460 at 8 CFR 106.2(a)(4)(ii). Therefore, DHS corrects the 
regulatory text portion of the final rule on page 6387, column 1, 8 CFR 
106.2(a)(4)(ii), to indicate that small employers and nonprofits must 
submit a fee of $510 with Form I-129CW.
---------------------------------------------------------------------------

    \33\ See, e.g., 89 FR at 6199, Table 1, 89 FR at 6362, Table 
12b.
    \34\ See U.S. Citizenship and Immigr. Servs., U.S. Dep't of 
Homeland Security, Regulatory Impact Analysis (Jan. 2024), https://www.regulations.gov/document/USCIS-2021-0010-8179.
    \35\ See U.S. Citizenship and Immigr. Servs., U.S. Dep't of 
Homeland Security, Immigration Examinations Fee Account, Fee Review 
Supporting Documentation with Addendum (Nov. 2023), https://www.regulations.gov/document/USCIS-2021-0010-8176.
---------------------------------------------------------------------------

G. References to Form Instructions

    As stated in the final rule, USCIS is removing fee, fee waiver, fee 
exemption, and fee payment information from the individual information 
collection (IC) instructions by consolidating it into the USCIS Form G-
1055, Fee Schedule, and placing it online on the USCIS website 
www.uscis.gov.\36\ Form instructions will no longer list fees. However, 
DHS inadvertently provided regulatory text in parts of the final rule 
that stated or implied that the form instructions would include fees. 
For example, the final rule provided that the fraud detection and 
prevention fee for filing certain H-1B and L petitions as described in 
8 U.S.C. 1184(c) ``and USCIS form instructions'' was $500. 89 FR 6391. 
Therefore, DHS corrects the regulatory text portion of the final rule 
to remove ``and USCIS form instructions'' and similar language 
indicating that the form instructions will contain fee information in 
the following places: (1) Page 6391, in the first column, 8 CFR 106.2 
(c)(4); (2) Page 6391, in the first column, 8 CFR 106.2(c)(5)(i); (3) 
Page 6391, in the first column, 8 CFR 106.2 (c)(5)(ii); (4) Page 6391, 
in the first column, in 8 CFR 106.2(c)(6); (5) Page 6398, in the second 
column, 8 CFR 214.2 (w)(5). The reference to form instructions is not 
removed in 8 CFR(c)(7), on page 6391, first column, because the CNMI 
education funding fee will be included in the form instructions for 
Form I-129CW.
---------------------------------------------------------------------------

    \36\ See 89 FR 6383.
---------------------------------------------------------------------------

H. H-1B Registration Fee Regulatory Text

    DHS exempted the H-1B Registration Fee from the $50 online filing 
discount in the regulatory text.\37\ However, it created an unnecessary 
third level paragraph without a (i) or (ii) preceding the (iii) at 8 
CFR 106.2(c)(11)(iii). As such, DHS corrects the regulatory text to add 
the text from the third level at 8 CFR 106.2(c)(11)(iii) to the second 
level at 8 CFR 106.2(c)(11).
---------------------------------------------------------------------------

    \37\ See 89 FR 6391, 8 CFR 106.2(c)(11)(iii).
---------------------------------------------------------------------------

I. Form I-800 Fee Regulatory Text

    As discussed in the preamble to the final rule, DHS is setting the 
fee for Form I-800, Petition to Classify Convention Adoptee as an 
Immediate Relative, at $920, unless an exemption applies. See e.g., 89 
FR 6311 (Table 7). However, the regulatory text at 8 CFR 106.2(a)(46) 
on page 6389, second column, inadvertently left blank the fee amount 
for this form. DHS corrects the final rule to indicate the fee for Form 
I-800 by amending the introductory paragraph to 8 CFR 106.2(a)(46) to 
state, ``For filing a petition to classify a Convention adoptee as an 
immediate relative: $920.''

III. Administrative Procedure Act

    Section 553(b) of the Administrative Procedure Act (APA) generally 
requires agencies to publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a rule take effect. 5 U.S.C. 553(b). In addition, section 
553(d) of the APA requires agencies to delay the effective date of 
final rules by a minimum of 30 days after the date of their publication 
in the Federal Register. 5 U.S.C. 553(d). Both of these requirements 
can be waived if an agency finds, for good cause, that the notice and 
comment process and/or delayed effective date is impracticable, 
unnecessary, or contrary to the public interest, and incorporates a 
statement of the finding and the reasons therefore in the notice. 5 
U.S.C. 553(b)(B), (d)(3).
    DHS believes there is good cause for publishing this correction 
document without prior notice and opportunity for public comment and 
with an effective date of less than 30 days because DHS finds that such 
procedures are unnecessary. This document corrects technical and 
typographic errors in the preamble (including tables) and regulatory 
text, but does not make substantive changes to the policies that were 
adopted in the final rule. This document merely conforms erroneous 
portions of the final rule to the agency's clearly expressed 
contemporaneous intent. As a result, this correcting document's sole 
function is to ensure that the information in the January 31, 2024 
final rule accurately reflects the policies adopted in that final rule, 
prior to which DHS issued a notice of proposed rulemaking and received 
public comment. Therefore, DHS believes that it has good cause to waive 
the notice and comment and effective date requirements of section 553 
of the APA.

[[Page 20104]]

IV. Correction of Errors and Technical Amendments

    Accordingly, the publication final rule at 89 FR 6194, (FR Doc. 
2024-01427) is corrected as follows:

A. Correction of Errors in the Preamble

    1. On page 6230, in Table 5C: Forms for Fee Waivers and Fee 
Exemptions, as of Effective Date of this Final Rule, the eighth row in 
the table labeled ``Abused spouses of A, E-3, G, and H Nonimmigrants'' 
and the third column (Fee Waiver Eligibility), Table 5C is corrected by 
removing ``Not applicable'' and inserting a new bullet reading 
`` Form I-290B.''
    2. On page 6231, in Table 5C: Forms for Fee Waivers and Fee 
Exemptions, as of Effective Date of this Final Rule, the tenth row in 
the table labeled, SIJs, and the second column (Fee Exemptions), Table 
5C is corrected by inserting a new bullet reading `` Form I-
601A'' after the bullet reading `` Form I-601.''
    3. On page 6307, in the third column, line eight, the language 
``Table 8 below'' is corrected by removing the number 8 and adding in 
its place the number 7.
    4. On page 6329, in the second column, Section, e. Form I-539 
Extend/Change Nonimmigrant Status, Response, line eight, remove the 
sentence ``For these reasons, this Final Rule lowers the proposed Form 
I-539 fee from $620 to $470 for paper filings, and from $525 to $470 
for online filings.'' and add in its place a sentence to read: ``For 
these reasons, this Final Rule lowers the proposed Form I-539 fee from 
$620 to $470 for paper filings, and from $525 to $420 for online 
filings.''
    5. On page 6362, Table 12b. Fee Summary Table for Form I-129 
Petitioners (Matched Only), row 12, Note, in Table 12b of the table, is 
corrected by removing ``$30'' and adding its place ``$210.''
    6. On page 6365, in Table 15, USCIS Final Fees for Form 1-129 
Petition for Nonimmigrant Worker by Classification, for Small Entities 
with 25 or Fewer FTE Employees, correct the ninth and tenth rows of the 
table, labeled as ``L-1A/L-1B/LZ Blanket'' and ``O-1/O-2'', by removing 
the values in columns A through F of row nine labeled ``L-1A/L-1B/LZ 
Blanket'' and adding in their place the dollar amounts in columns A 
through F of the row labeled ``O-1/O-2'' and removing the dollar 
amounts in row ten labeled ``O-1/O-2'' with the dollar amounts in 
columns A through F of the row labeled ``L-1A/L-1B/LZ Blankets.'' The 
corrected rows read as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
L-1A/L-1B/LZ         $460                   $695                  $300                  $995                  $535                  116.3%
 Blanket
--------------------------------------------------------------------------------------------------------------------------------------------------------
O-1/O-2              $460                   $530                  $300                  $830                  $370                  80.4%
--------------------------------------------------------------------------------------------------------------------------------------------------------

    7. On page 6366, in Table 17. USCIS Final Fees for Form 1-129 
Petition for Nonimmigrant Worker by Classification, for Nonprofit Small 
Entities, correct the ninth and tenth rows of the table, labeled as 
``L-1A/L-1B/LZ Blanket'' and ``O-1/O-2'', by moving all the values in 
row nine labeled ``L-1A/L-1B/LZ Blanket'' to row ten, labeled ``O-1/O-
2'' and moving all the values in row ten labeled, ``O-1/O-2'' up to row 
nine, labeled ``L-1A/L-1B/LZ Blanket.''. The corrected rows read as 
follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
L-1A/L-1B/LZ         $460                   $695                  $0                    $695                  $235                  51.1%
 Blanket
--------------------------------------------------------------------------------------------------------------------------------------------------------
O-1/O-2              $460                   $530                  $0                    $530                  $70                   15.2%
--------------------------------------------------------------------------------------------------------------------------------------------------------

B. Correction of Errors in the Regulatory Text

0
1. On page 6386, in the second column, in instruction 7 in Sec.  106.1, 
correct paragraph (f)(2) to read as follows:


Sec.  106.1  [Corrected]

* * * * *
    (f) * * *
    (2) Nonprofit means not-for-profit primary or secondary educational 
institutions, or institutions of higher education, as defined in 
section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a); 
organizations organized as tax exempt under the Internal Revenue Code 
of 1986, section 501(c)(3), 26 U.S.C. 501(c)(3); or governmental 
research organizations as defined under 8 CFR 214.2(h)(19)(iii)(C).
* * * * *

0
2. Starting on page 6386, in the third column, in instruction 7 correct 
Sec.  106.2 by:
0
a. Adding paragraph (a)(3)(xi);
0
b. On page 6387, in the first column, correcting paragraph (a)(4)(ii);
0
c. On page 6389, in the second column, adding paragraph (a)(44)(iv)(E);
0
d. Revising paragraph (a)(46) introductory text;
0
e. On page 6391, in the first column, in paragraph (c)(4) removing the 
words ``and USCIS form instructions''.
0
f. On page 6391, in the first column, in paragraph (c)(5)(i) removing 
the words ``and USCIS form instructions''.
0
g. On page 6391, in the first column, in paragraph (c)(5)(ii) removing 
the words ``and USCIS form instructions''.
0
h. On page 6391, in the first column, in paragraph (c)(6) removing the 
words ``and USCIS form instructions''.
0
i. On page 6391, in the second column, revising paragraph (c)(11).
    The additions and revisions read as follows:


Sec.  106.2  [Corrected]

    (a) * * *
    (3) * * *
    (xi) The online filing discount in Sec.  106.1(g) does not apply to 
the fee for small employers and nonprofits in paragraphs (a)(3)(i), 
(a)(3)(iii), (a)(3)(v), and (a)(3)(ix) of this section.''
    (4) * * *
    (ii) For small employers and nonprofits: $510. For the Semiannual 
Report for CW-1 Employers (Form I- 129CWR): No fee. The online filing 
discount in Sec.  106.1(g) does not apply.
* * * * *
    (44) * * *
    (iv) * * *
    (E) Current or former U.S. armed forces service members.
* * * * *
    (46) Petition to Classify Convention Adoptee as an Immediate 
Relative, Form I-800. For filing a petition to classify a Convention 
adoptee as an immediate relative: $920.
* * * * *
    (c) * * *
    (11) Registration requirement for petitioners seeking to file H-1B 
petitions on behalf of cap-subject aliens. For each registration 
submitted to register for the H-1B cap or advanced degree exemption 
selection process: $215. This fee is not subject to the online discount 
provided in Sec.  106.1(g).
* * * * *

[[Page 20105]]


0
3. Starting on page 6392, in the first column, in instruction 7, 
correct Sec.  106.3 by:
0
a. In paragraph (a)(3)(iii) removing the citation to ``8 U.S.C. 
1229(b)(2) and adding in its place the citation ``8 U.S.C. 
1229b(b)(2)'';
0
b. On page 6392, in the second column, adding paragraph (b)(1)(vii);
0
c. On page 6392, in the third column, in paragraph (b)(3)(vi) removing 
the word ``initial'';
0
d. On page 6393, in the second column, in paragraph (b)(8)(i) removing 
the words ``for their initial request''.
    The addition reads as follows:


Sec.  106.3  [Corrected]

* * * * *
    (b)
    (1)
    (vii) Application for Provisional Unlawful Presence Waiver (Form I-
601A).
* * * * *


Sec.  214.2  [Corrected]

0
4. On page 6398, in the second column, in Sec.  214.2, paragraph (w)(5) 
is corrected by removing the words ``the form instructions and''.

Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, Department of 
Homeland Security.
[FR Doc. 2024-05935 Filed 3-19-24; 4:15 pm]
BILLING CODE 9111-97-P