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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 [www.gpo.gov]
[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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