DHS corrects T nonimmigrant final rule before effective date

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States

Operative dateAugust 28, 2024

CategoryHumanitarian, work

Policy toolProcessing

Affected groupNew applicants

Policy effect

DHS corrected technical and typographical errors in the April 2024 T nonimmigrant status final rule, with corrections effective alongside the rule on August 28, 2024.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… severe form of trafficking in persons seeking T nonimmigrant status. After review of the published document, DHS identified a few errors in the preamble and regulatory text. This document, in the section titled ``Correction of Errors and Technical Amendments,'' identifies and corrects several technical and typographical errors in the final rule. The provisions in this document are effective as if they had been included in the final rule that published in the Federal Register on April 30, 2024. Accordingly, the corrections are effective on August 28, 2024 at 12 a.m. Eastern Time. This document … typographic errors in the preamble and regulatory text and does not make substantive changes to the policies in the final rule. This document merely conforms erroneous portions of the final rule to the agency's clearly expressed contemporaneous intent. Therefore, DHS believes that it has good cause to waive the notice and comment and effective date requirements of section 553 of the APA. IV. Correction of Errors and Technical Amendments Accordingly, the publication final rule at 89 FR 34864 (FR Doc. 2024-09022) is corrected as follows: A. Correction of Errors in the Preamble 1. On page 34875, in … the second column, lines 35-36, the language ``8 CFR 274a.12(a)(16) and (25)'' is corrected to read ``8 CFR 274a.12(a)(16) and (c)(25).'' 2. On page 34882, in the second column, line 36, remove the word ``conduct'' and add in its place the word ``contact.'' 3. On page 34886, in the first column, lines 50-52, remove the sentence ``DHS has also amended new 8 CFR 214.211(e)(3) to state that the age-out protections apply to a child who may turn 21 during the pendency of the principal's application for T nonimmigrant status'' and add in its place the sentence ``DHS has also amended new 8 CFR 214.211(e)(2) and (3) to state that the age-out protections apply to a child (principal or derivative) who may turn 21 during the pendency of the principal's application for T nonimmigrant status.'' B. Correction of Errors in the Regulatory Text 0 4. On page 34933, in the second column, in instruction 7 in Subpart C, at Sec. 214.204, correct paragraph (c)(2) to read as follows: [[Page 68083]] Sec. 214.204 [Corrected] * * * * * (c) * * * (2) Any credible evidence that supports any of the eligibility requirements set out in Sec. Sec. 214.206 through 214.209. 0 5. On page 34934, in the second column, … in instruction 7 in Subpart C, at Sec. 214.205, correct paragraph (a) to read as follows: Sec. 214.205 [Corrected] (a) Bona fide determinations for principal applicants for T nonimmigrant status. If an Application for T Nonimmigrant Status is submitted on or after August 28, 2024, USCIS will conduct an initial review to determine if the application is bona fide. * * * * * 0 6. On page 34935, in the first column, in instruction 7 in Subpart C, at Sec. 214.205, correct paragraph (f) to read as follows: Sec. 214.205 [Corrected] * * * * * (f) Bona fide determinations for applicants in removal proceedings. This section applies to applicants whose Applications for T Nonimmigrant Status or Applications for Derivative T Nonimmigrant Status have been deemed bona fide and who are in removal proceedings under section 240 of the Act, or in exclusion or deportation proceedings under former sections 236 or 242 of the Act (as in effect prior to April 1, 1997). In such cases, ICE may exercise prosecutorial discretion, as appropriate, while USCIS adjudicates an Application for T Nonimmigrant Status or an Application for Derivative T Nonimmigrant Status. * * * * * 0 7. On page 34938, in the third column, in instruction 7 in Subpart C, at Sec. 214.211, correct paragraph (e)(2)(i) to read as follows: Sec. 214.211 [Corrected] * * * * * (e) * * * (2) Age-out protection for eligible family members of a principal applicant under 21 years of age. (i) If the T-1 principal applicant was under 21 years of age when they applied for T-1 nonimmigrant status but reached 21 years of age while the principal application was still pending, USCIS will continue to consider a parent or unmarried sibling as an eligible family member. * * * * * Christina E. McDonald, Associate General Counsel for Regulatory Affairs …

Federal Register 89 FR 68081Federal Register 89 FR 68081. DHS corrects T nonimmigrant final rule before effective date. Effective 2024-08-28.Open official source

Retrieved from https://www.federalregister.gov/documents/2024/08/23/2024-18735/classification-for-victims-of-severe-forms-of-trafficking-in-persons-eligibility-for-t-nonimmigrant

Review method

Two separate automated exact-claim source reviews

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DHS corrects T nonimmigrant final rule before effective date

Policy effect

Official source excerpt

Review method

Other United States changes operative in 2024