[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Page 5519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01386]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 106
[CIS No. 2801-25; 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;
Second Correction
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On January 31, 2024, the Department of Homeland Security (DHS)
published a final rule to adjust certain immigration and naturalization
benefit request fees charged by USCIS, add fee exemptions, and make
changes to certain other immigration benefit request requirements. The
rule took effect on April 1, 2024. In this notice, we are correcting a
technical error made in that rule.
DATES: This correcting amendment is effective January 17, 2025.
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:
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. DHS published a correction to the final rule at 89
FR 20101 on March 24, 2024. DHS has identified an error in the
regulatory text.
Need for Correction
As codified by DHS in the final rule, 8 CFR 106.3(a)(3)(ii)(A)
erroneously associates the E-2C classification with Form I-129CW.
Petitioners for E-2C classification do not submit Form I-129CW. Form I-
129CW petitioners may request a fee waiver when petitioning for a CW-1,
CNMI-only transitional worker (see 8 CFR 214.2(w)), but the fee waiver
provision as codified does not include a CW-1, CNMI-only transitional
worker. Therefore, this notice corrects that error by removing ``E-2
CNMI investor'' and replacing it with ``CW-1, CNMI-only transitional
worker'' in the first sentence of 8 CFR 106.3(a)(3)(ii)(A) to include
the correct nonimmigrant classification. DHS is correcting the second
sentence of 8 CFR 106.3(a)(3)(ii)(A) by removing ``a E-2 CNMI
investor'' and replacing it with ``an employer petitioning for a CW-1,
CNMI-only transitional worker,'' to clarify that the employer
petitioning for a CW-1, CNMI-only transitional worker must pay any fees
in 8 CFR 106.2(c) that may apply, not an E-2 CNMI investor.
List of Subjects in 8 CFR Part 106
Citizenship and naturalization, Fees, Immigration.
Correction
Accordingly, for the reasons set out in the preamble, chapter I of
title 8 of the Code of Federal Regulations is corrected by making the
following correcting amendment:
PART 106--USCIS FEE SCHEDULE
0
1. 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. 107-296, 116 Stat. 2135 (6
U.S.C. 101 note); Pub. L. 115-218, 132 Stat. 1547; Pub. L. 116-159,
134 Stat. 709.
0
2. Section 106.3 is amended by revising paragraph (a)(3)(ii)(A) to read
as follows:
Sec. 106.3 Fee waivers and exemptions.
(a) * * *
(3) * * *
(ii) * * *
(A) Petition for a CNMI-Only Nonimmigrant Transitional Worker (Form
I-129CW) for a CW-1, CNMI-only transitional worker. Waiver of the fee
for Form I-129CW does not waive the requirement for an employer
petitioning for a CW-1, CNMI-only transitional worker to pay any fees
in Sec. 106.2(c) that may apply.
* * * * *
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs.
[FR Doc. 2025-01386 Filed 1-16-25; 8:45 am]
BILLING CODE 9111-97-P