Rule2025-00553
Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 14, 2025
Effective
January 14, 2025
Issuing agencies
Homeland Security Department
Abstract
This document corrects the August 23, 2024 correction to the final rule that published in the Federal Register on April 30, 2024. The final rule amended DHS regulations governing the requirements and procedures for victims of a severe form of trafficking in persons seeking T nonimmigrant status. This document will replace language unintentionally removed as a result of the prior correction.
Full Text
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<title>Federal Register, Volume 90 Issue 8 (Tuesday, January 14, 2025)</title>
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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Rules and Regulations]
[Pages 2921-2922]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00553]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules
and Regulations
[[Page 2921]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 214
[CIS No. 2786-24; DHS Docket No. USCIS 2011-0010]
RIN 1615-AA59
Classification for Victims of Severe Forms of Trafficking in
Persons; Eligibility for ``T'' Nonimmigrant Status; Correction
AGENCY: U.S. Citizenship and Immigration Services (USCIS), Department
of Homeland Security (DHS).
ACTION: Correcting amendment.
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SUMMARY: This document corrects the August 23, 2024 correction to the
final rule that published in the Federal Register on April 30, 2024.
The final rule amended DHS regulations governing the requirements and
procedures for victims of a severe form of trafficking in persons
seeking T nonimmigrant status. This document will replace language
unintentionally removed as a result of the prior correction.
DATES: Effective January 14, 2025.
FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Office of
Policy and Strategy, 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. Need for Correction
On August 23, 2024, DHS published a correction to the final rule
titled Classification for Victims of Severe Forms of Trafficking in
persons; Eligibility for ``T'' Nonimmigrant Status. 89 FR 68081. The
correction included amendatory instruction 5 in the first column of
page 68083. A typographical error in that instruction caused the Office
of the Federal Register to replace the whole of paragraph (a) with the
text on page 68083. DHS did not intend to do that. Rather, DHS intended
to correct only the introductory text of paragraph (a). This document
fixes that typographical error.
This correction is applicable as if DHS had included this change in
the final rule that published on April 30, 2024. That rule had an
effective date of August 28, 2024. Accordingly, the correction is
applicable as of August 28, 2024, at 12 a.m. Eastern Time. This
correction does not change how DHS will apply the final rule, i.e., DHS
will apply the corrected final rule to applications pending on, or
filed on or after, August 28, 2024, except the bona fide determination
provisions which DHS will generally only apply to applications filed on
or after August 28, 2024.
II. 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 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 a typographical
error in the regulatory text and does not make any substantive changes.
This document merely conforms an erroneous portion of the final rule to
the agency's clearly expressed contemporaneous intent.
List of Subjects in 8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange
program, Employment, Foreign officials, Health professions, Reporting
and recordkeeping requirements, Students.
Accordingly, 8 CFR part 214 is corrected by making the following
correcting amendments:
PART 214--NONIMMIGRANT CLASSES
0
1. The authority citation for part 214 continues to read as follows:
Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305, 1357, 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, 132 Stat. 1547 (48 U.S.C. 1806).
0
2. Amend Sec. 214.205 by adding paragraph (a)(1) through (3) to read
as follows:
Sec. 214.205 Bona fide determination.
(a) * * *
(1) Request for evidence. If an Application for T Nonimmigrant
Status was pending as of August 28, 2024, and additional evidence is
required to establish eligibility for principal T nonimmigrant status,
USCIS will issue a request for evidence, and conduct a bona fide review
based on available evidence.
(2) Initial review criteria. After initial review, USCIS will deem
an Application for T Nonimmigrant Status bona fide if:
(i) The applicant has submitted a properly filed and complete
Application for T Nonimmigrant Status;
(ii) The applicant has submitted a signed personal statement; and
(iii) The results of initial background checks are complete, have
been reviewed, and do not present national security concerns.
(3) Secondary review criteria. If initial review does not establish
an Application for T Nonimmigrant Status is bona fide, USCIS will
conduct a full T nonimmigrant status eligibility review. An Application
for T Nonimmigrant Status that meets all eligibility requirements will
be approved, or if the statutory cap has
[[Page 2922]]
been reached, will receive a bona fide determination.
* * * * *
Christina E. McDonald,
Associate General Counsel for Regulatory Affairs, Department of
Homeland Security.
[FR Doc. 2025-00553 Filed 1-13-25; 8:45 am]
BILLING CODE P
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