Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Rules and Regulations 2837 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 204, 214 and 215 

[CIS No. 2432–07; DHS Docket No. USCIS– 

2007–0058] 

RIN 1615–AB67 

Changes to Requirements Affecting H– 

2B Nonimmigrants and Their 

Employers; Correction 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule; correction. 

SUMMARY: With this amendment, the 

Department of Homeland Security 

(DHS) corrects an inadvertent error that 

was made to the Final Rule titled 

‘‘Changes to Requirements Affecting H– 

2B Nonimmigrants and Their 

Employers’’ that was published in the 

Federal Register on December 19, 2008, 

at 73 FR 78104. 

DATES: This rule is effective January 18, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Hiroko Witherow, Business and Trade 

Services Division, Service Center 

Operations, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 20 Massachusetts 

Avenue, NW., Second Floor, 

Washington, DC 20529–2140, telephone 

(202) 272–9135. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

On December 19, 2008, the 

Department of Homeland Security 

published a final rule in the Federal 

Register at 73 FR 78104 changing 

requirements affecting H–2B 

nonimmigrants and their employers. At 

8 CFR 214.2, DHS inadvertently: 

• Stated in amendment 5.aa that a 

new sentence would be added at the 

end of paragraph (h)(11)(i)(A) instead of 

saying that the last sentence of the 

paragraph was being revised; 

• Omitted a period after the 

paragraph heading for paragraph 

(h)(6)(C); and 

• Ended the sentence in paragraph 

(h)(11)(iii)(A)(2) with a ‘‘:’’ instead of a 

‘‘;’’. 

Correction of Publication 

■ Accordingly, the publication on 

December 19, 2008, at 73 FR 78104 of 

the interim final rule that was the 

subject of FR Doc. E8–30094 is corrected 

as follows: 

PART 214–NONIMMIGRANT CLASSES 

§ 214.2 [Corrected] 

■ 1. On page 78127, third column, 

amendment 5.aa., revise the amendatory 

language from ‘‘Adding a new sentence 

to the end of paragraph (h)(11)(i)(A)’’ to 

‘‘Revising the last sentence of paragraph 

(h)(11)(i)(A)’’. 

■ 2. On page 78128, second column, 

add a period immediately after the word 

‘‘revocation’’ in the heading to 

paragraph (h)(6)(C). 

■ 3. On page 78130, in the second 

column, at the end of paragraph 

(h)(11)(iii)(A)(2), revise ‘‘: or’’ to read ‘‘; 

or’’. 

Dated: January 13, 2009. 

Michael Aytes, 

Acting Deputy Director, U.S. Citizenship and 

Immigration Services. 

[FR Doc. E9–910 Filed 1–15–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 235 

[DHS–2005–0037] 

RIN 1601–AA35; RIN 1600–AA00 

United States Visitor and Immigrant 

Status Indicator Technology Program 

(‘‘US–VISIT’’); Enrollment of Additional 

Aliens in US–VISIT; Authority To 

Collect Biometric Data from Additional 

Travelers and Expansion to the 50 

Most Highly Trafficked Land Border 

Ports of Entry 

AGENCY: National Protection and 

Programs Directorate, DHS. 

ACTION: Final rule; correction. 

SUMMARY: This document contains 

corrections to the final rule which was 

published in the Federal Register on 

December 19, 2008. 73 FR 77473. The 

pertinent regulations relate to the 

collection of biometric identifiers 

during the inspection of aliens at United 

States ports of entry. 

DATES: Effective on January 18, 2009. 

FOR FURTHER INFORMATION, CONTACT: 

Helen deThomas, Senior Policy Analyst, 

US–VISIT, Department of Homeland 

Security, 1616 Fort Myer Drive, 18th 

Floor, Arlington, Virginia 22209, (202) 

298–5200. 

SUPPLEMENTARY INFORMATION: On 

December 19, 2008, the Department of 

Homeland Security (DHS) published a 

final rule amending 8 CFR 235.1(f)(1)(ii) 

to expand the population of aliens 

subject to US–VISIT requirements to 

include, among others, lawful 

permanent residents. That final rule 

becomes effective January 18, 2009. 73 

FR 77473. 

As discussed in the preamble to the 

final rule, DHS will require additional 

aliens to provide fingerprints ‘‘at the 

time of inspection’’ at the United States 

border ports of entry, including lawful 

permanent residents. 73 FR at 77474– 

75. 

As discussed in the preamble to the 

final rule, 

LPRs are still subject to entry, 

documentation, and removability 

requirements to the United States. LPRs are 

aliens. See sections 101, 212, 237 of the INA 

(8 U.S.C. 1101, 1182, 1227) and 8 CFR 

235.1(b), (f)(1)(i). Although LPRs are not 

technically regarded as seeking admission to 

the United States if they are returning from 

a stay of less than 180 days under section 

101(a)(13)(C)(ii) of the INA (8 U.S.C. 

1101(a)(13)(C)(ii)), they remain subject to the 

admissibility requirements of section 212 of 

the INA (8 U.S.C. 1182) because of their 

status as an alien and not a United States 

citizen. Accordingly, DHS must determine 

whether an LPR is admissible to the United 

States whenever the LPR arrives at a port of 

entry, as well as determine whether an LPR 

is removable from the United States based on 

intervening facts since the time LPR status 

was granted, and initial background checks 

conducted, which may have been many years 

ago. 

73 FR at 77475. 

Through technical drafting oversight, 

DHS did not amend the regulatory text 

of section 235.1(f)(1)(ii) in the final rule 

to remove references to aliens seeking 

admission. This correction is intended 

to ensure that the regulatory language 

mirrors the intent of the preamble—that 

DHS may require lawful permanent 

residents to provide biometrics in order 

to determine, among other things, that 

alien’s identity and whether he or she 

has properly maintained his or her 

permanent resident status while in the 

United States. 

Accordingly, in FR Doc. E8–30095, 

published on December 19, 2008, make 

the following correction. On page 

77491, in the second column, revise the 

regulatory text under instruction 4 to 

read: 

§ 235.1 Scope of examination. 

* * * * * 

(f) * * * 

(1) * * * 

(ii) The Secretary of Homeland 

Security or his designee may require 

any alien, other than aliens exempted 

under paragraph (iv) of this section or 

Canadian citizens under section 

101(a)(15)(B) of the Act who are not 

otherwise required to present a visa or 

be issued Form I–94 or Form I–95 for 

admission or parole into the United 


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