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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

26933 

Vol. 74, No. 107 

Friday, June 5, 2009 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

8 CFR Parts 1, 100, 103, 204, 207, 208, 

211, 212, 214, 216, 236, 244, 245, 248, 

264, 274a, 301, 316, 320, 322, 324, 327, 

328, 329, 330, 334, and 392 

[CIS No. 2405–07; DHS Docket No. USCIS– 

2007–0005] 

RIN 1615–AB56 

Removing References to Filing 

Locations and Obsolete References to 

Legacy Immigration and Naturalization 

Service; Adding a Provision To 

Facilitate the Expansion of the Use of 

Approved Electronic Equivalents of 

Paper Forms 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule amends Department 

of Homeland Security (DHS) regulations 

by eliminating certain references to the 

Immigration and Naturalization Service 

(INS) organizational structure and 

removing all references in the Code of 

Federal Regulations (CFR) to INS and 

U.S. Citizenship and Immigration 

Services (USCIS) Offices. This rule also 

removes all references in the CFR to 

filing locations, so that USCIS may 

provide such information on petition 

and application forms and through any 

other means. In addition, this rule adds 

a definition of the term ‘‘form’’ to the 

CFR, which will facilitate the expansion 

of the use of approved electronic 

equivalents of USCIS paper forms; this 

will support USCIS’ transition from a 

paper-based filing and processing 

environment to an electronic one. 

Overall, the rule is intended to 

eliminate confusion and certain obsolete 

references to the INS organizational 

structure from USCIS regulations, help 

the public determine where to file forms 

with USCIS, create a more efficient and 

streamlined process for future changes 

to filing instructions, and allow the 

component to better manage its 

workload through, among other things, 

affording greater flexibility to accept 

and process applications and petitions 

in an electronic environment. 

DATES:

Effective Date: This rule is effective 

July 6, 2009. 

Comment Date: Written comments 

must be submitted on or before August 

4, 2009. 

ADDRESSES: You may submit comments, 

identified by DHS Docket No. USCIS– 

2007–0005, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Chief, Regulatory 

Management Division, U.S. Citizenship 

and Immigration Services, Department 

of Homeland Security, 111 

Massachusetts Avenue, NW., Suite 

3008, Washington, DC 20529–2210. To 

ensure proper handling, please 

reference DHS Docket No. USCIS–2007– 

0005 on your correspondence. This 

mailing address may be used for paper, 

disk, or CD–ROM submissions. 

• Hand Delivery/Courier: U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 111 

Massachusetts Avenue, NW., Suite 

3008, Washington, DC 20529–2210. 

Contact Telephone Number (202) 272– 

8377. 

FOR FURTHER INFORMATION CONTACT: 

Roxanne Alonso, Adjudications Officer, 

Policy and Regulation Management 

Division, Domestic Operations, U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 20 

Massachusetts Avenue, NW., MS 2211, 

Washington, DC 20529–2211, telephone 

(202) 272–8100. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

II. Background 

A. What effect does this rule have? 

B. Why is USCIS issuing this rule? 

III. Regulatory Requirements 

A. Administrative Procedure Act 

B. Regulatory Flexibility Act 

C. Unfunded Mandates Reform Act of 1995 

D. Small Business Regulatory Enforcement 

Fairness Act of 1996 

E. Executive Order 12866 (Regulatory 

Planning and Review) 

F. Executive Order 13132 (Federalism) 

G. Executive Order 12988 (Civil Justice 

Reform) 

H. Paperwork Reduction Act 

I. Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the interim 

rule. Comments that will provide the 

most assistance to USCIS in developing 

these procedures will reference a 

specific portion of the interim rule, 

explain the reason for any 

recommended change, and include data, 

information, or authority that support 

such recommended change. 

Instructions: All submissions received 

must include the agency name and the 

DHS docket number (USCIS–2007– 

0005) for this rulemaking. All comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. See 

ADDRESSES above for information on 

how to submit comments. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

II. Background 

A. What effect does this rule have? 

This interim rule eliminates certain 

references to the organizational 

structure of the Immigration and 

Naturalization Service (INS), which was 

abolished on March 1, 2003, pursuant to 

the Homeland Security Act of 2002, 

Public Law 107–609 (November 22, 

2002), 116 Stat. 2135. The Secretary of 

Homeland Security has approved the 

organizational structure of each new 

component pursuant to 8 CFR 2.1, 

which provides that the Secretary may 

delegate authority and functions by 

regulation, directive, memorandum, or 

other means as deemed appropriate. 

Eliminating references to the 

organizational structure of INS is 

necessary, because U.S. Citizenship and 

Immigration Services (USCIS) is 

modifying aspects of the command and 

control structure that was temporarily 

retained from the INS field management 

structure. These changes to the 

regulations will not affect the locations 

of USCIS local offices or other sites. 


erowe on PROD1PC63 with RULES
26934 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 

This interim rule also removes from 

the regulations all instructions regarding 

the filing locations for petitions and 

applications. These regulatory 

provisions are unnecessary and restrict 

USCIS’ ability to vary petition and 

application filing locations as necessary 

to address fluctuations in the volume of 

applications, shifting workload needs, 

and benefits processing modifications. 

Removing these regulatory provisions 

will allow USCIS to better utilize its 

resources and serve its customers. Filing 

locations and procedures will still be 

available on USCIS forms and the 

USCIS Web site. Customers may also 

call the USCIS ‘800-number’ customer 

service line for information on where to 

submit their documents, or simply call 

the agency listing in the government 

resources pages of their local telephone 

directory. This change does not affect 

any evidentiary requirement or 

substantive eligibility requirement for a 

particular benefit. 

This interim rule removes current 

geographic jurisdictional service 

boundaries. This change will allow 

USCIS the flexibility to manage 

workloads and facilitate interaction 

with, and services to, the public. For 

those few applications and petitions 

that are currently filed at USCIS local 

offices, customers will be able to file 

these specific forms at the office closest 

to them. Regarding services that require 

an alien to make an appearance at a 

USCIS office, by removing the 

geographic parameters on the office 

with jurisdiction for adjudicating 

specific immigration or naturalization 

benefits, USCIS will have the flexibility 

to offer interviews and other services at 

different offices in the area based on the 

ability to schedule appointments most 

effectively. See 8 CFR 103.2(b)(9). 

The rule adds a definition of the term 

‘‘Form’’ to 8 CFR part 1. USCIS has 

added this definition to clarify that 

references to the term ‘‘form’’ and to 

form numbers throughout USCIS 

regulations are now intended to 

encompass both the traditional paper 

form and all approved electronic 

equivalents used for on-line filing with 

USCIS or other similar purposes. 

Finally, the rule amends 8 CFR 100.4 

to remove all references to INS and 

USCIS Offices. However, this rule does 

not alter the regulations in paragraphs 

(c)(2) for ports of entry for aliens 

arriving by vessel or by land 

transportation or (c)(3) for the method of 

identifying ports-of-entry for aliens 

arriving by aircraft. The designation of 

ports of entry is within the authority of 

the U.S. Customs and Border Protection 

(CBP) and generally governed by 19 CFR 

101.3. Maintenance of the current 

erroneous references to District Offices 

in 8 CFR 101.3 will have no legal effect 

on the distribution of workload or 

acceptance applications by USCIS. CBP 

has indicated that they may amend how 

8 CFR part 100 references ports of entry, 

and classes of ports of entry, and will 

remove references to the INS district in 

which they are located in a future 

rulemaking. 

B. Why is USCIS issuing this rule? 

This rule is necessary to remove 

references to USCIS office locations and 

geographical jurisdictions from the Code 

of Federal Regulations. USCIS will 

provide information regarding the 

proper locations on the filing 

instructions on the respective USCIS 

forms. As USCIS workload has 

increased and as USCIS has managed 

that workload to eliminate processing 

backlogs of petitions and applications 

for immigration benefits, it has become 

clear that the agency on occasion needs 

to redistribute work within its 

adjudicative resources. Changing the 

applicable regulations each time a 

workload redistribution occurs is a 

lengthy process and an inefficient 

management tool. The ability to make 

changes to filing instructions to reflect 

a redistribution of workload will enable 

USCIS to efficiently reallocate its 

adjudications resources. Thus, this 

interim rule is intended to enhance 

USCIS’ ability to provide updated, clear 

information, and to increase its 

administrative flexibility to adapt to 

changing situations. Information about 

the agency’s organizational structure, 

where to file an application or petition, 

and where and how individuals can 

seek services or assistance from USCIS 

will continue to be widely available. 

This rule is also necessary to assist 

the agency in transforming its business 

environment from a paper-based 

petition and application process to an 

electronic environment. This major 

change effort is referred to as the USCIS 

Transformation Initiative. This 

regulation is the first in a series to be 

published to implement this initiative. 

As the USCIS Transformation Initiative 

progresses, USCIS expects that 

electronic versions of forms and digital 

images of supporting documents will 

largely replace paper forms and 

documents for filing, adjudication, and 

records retention purposes. 

III. Regulatory Requirements 

A. Administrative Procedure Act 

This interim rule will not change the 

eligibility rules governing any 

immigration benefit. It will not confer 

rights or obligations upon any party. 

USCIS expects that this rule will further 

the public’s interest in receiving clear 

instruction on where and in what format 

to file applications and petitions for 

immigration benefits. Accordingly, 

USCIS has determined that the public 

notice and comment requirements of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b), do not apply because the 

rule is procedural in nature and does 

not alter the substantive rights of the 

affected parties. Therefore, this rule 

satisfies the exemption from notice and 

comment rulemaking in 5 U.S.C. 

553(b)(A). USCIS nevertheless invites 

comments on this rule and will consider 

all timely comments in the preparation 

of a final rule. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 603(b)), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996 (SBREFA), 

requires an agency to prepare and make 

available to the public a regulatory 

flexibility analysis that describes the 

effect of a proposed rule on small 

entities (i.e., small businesses, small 

organizations, and small governmental 

jurisdictions) when the agency is 

required ‘‘to publish a general notice of 

proposed rulemaking for any proposed 

rule.’’ Because this rule is being issued 

as an interim rule, on the grounds set 

forth above, a regulatory flexibility 

analysis is not required under the RFA. 

C. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

D. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rule is not a major rule as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996. It will not result 

in an annual effect on the economy of 

$100 million or more; a major increase 

in costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 


erowe on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26935 

E. Executive Order 12866 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. 

F. Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a federalism summary impact 

statement. 

G. Executive Order 12988 Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

H. Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, Public Law 104–13, all 

Departments are required to submit to 

the Office of Management and Budget 

(OMB), for review and approval, any 

reporting and recordkeeping 

requirements inherent in a rule. This 

rule does not impose any new reporting 

or recordkeeping requirements under 

the Paperwork Reduction Act. 

List of Subjects 

8 CFR Part 1 

Administrative practice and 

procedure, Immigration. 

8 CFR Part 100 

Organization and functions 

(Government agencies). 

8 CFR Part 103 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Freedom of 

information, Privacy, Reporting and 

recordkeeping requirements, Surety 

bonds. 

8 CFR Part 204 

Administrative practice and 

procedures, Immigration, Reporting and 

recordkeeping requirements. 

8 CFR Part 207 

Immigration, Refugees, Reporting and 

recordkeeping requirements. 

8 CFR Part 208 

Administrative practice and 

procedure, Aliens, Immigration, 

Reporting and recordkeeping 

requirements. 

8 CFR Part 211 

Immigration, Passports and visas, 

Reporting and recordkeeping 

requirements. 

8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passports and visas, Reporting and 

recordkeeping requirements. 

8 CFR Part 214 

Administrative practice and 

procedure, Aliens, Employment, 

Foreign officials, Health professions, 

reporting and recordkeeping 

requirements, Students. 

8 CFR Part 216 

Administrative practice and 

procedure, Aliens. 

8 CFR Part 236 

Administrative practice and 

procedure, Aliens, Immigration. 

8 CFR Part 244 

Aliens, Reporting and recordkeeping 

requirements. 

8 CFR Part 245 

Aliens, Immigration, Reporting and 

recordkeeping requirements. 

8 CFR Part 248 

Aliens, Reporting and recordkeeping 

requirements. 

8 CFR Part 264 

Reporting and recordkeeping 

requirements. 

8 CFR Part 274a 

Administrative practice and 

procedure, Aliens, Employment, 

Penalties, Reporting and recordkeeping 

requirements. 

8 CFR Part 301 

Citizenship and naturalization, 

Reporting and recordkeeping 

requirements. 

8 CFR Part 316 

Citizenship and naturalization, 

Reporting and recordkeeping 

requirements. 

8 CFR Part 320 

Citizenship and naturalization, 

Infants and children, Reporting and 

recordkeeping requirements. 

8 CFR Part 322 

Citizenship and naturalization, 

Infants and children, Reporting and 

recordkeeping requirements. 

8 CFR Part 324 

Citizenship and naturalization, 

Reporting and recordkeeping 

requirements, Women. 

8 CFR Part 327 

Citizenship and naturalization, 

Military personnel, Reporting and 

recordkeeping requirements. 

8 CFR Part 328 

Citizenship and naturalization, 

Military personnel, Reporting and 

recordkeeping requirements. 

8 CFR Part 329 

Citizenship and naturalization, 

Reporting and recordkeeping 

requirements, Veterans. 

8 CFR Part 330 

Reporting and recordkeeping 

requirements, Seamen. 

8 CFR Part 334 

Administrative practice and 

procedure, Citizenship and 

naturalization, Courts, Reporting and 

recordkeeping requirements. 

8 CFR Part 392 

Citizenship and naturalization, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, chapter 1 of title 8 of the 

Code of Federal Regulations is amended 

as follows: 

PART 1—DEFINITIONS 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: 8 U.S.C. 1101; 8 U.S.C. 1103; 5 

U.S.C. 301; Public Law 107–296, 116 Stat. 

2135 (6 U.S.C. 1 et seq.). 

■ 2. Section 1.1 is amended by adding 

paragraph (aa) to read as follows: 

§ 1.1 Definitions. 

* * * * * 

(aa) The term Form when used in 

connection with a petition, application, 

or other instrument to be filed with 

USCIS in order to request an 

immigration benefit, means a device for 

the collection of information in a 

standard format that may be submitted 

in paper format or in an electronic 

format as may be prescribed by USCIS 

on its official Web site at http// 

www.uscis.gov. The term Form followed 

by a USCIS form number includes a 

USCIS approved electronic equivalent 

of such form as USCIS may prescribe on 


erowe on PROD1PC63 with RULES
26936 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 

its official Web site at http// 

www.uscis.gov. 

PART 100—STATEMENT OF 

ORGANIZATION 

■ 3. The authority citation for part 100 

continues to read as follows: 

Authority: 8 U.S.C. 1103; 8 CFR part 2. 

■ 4. Section 100.1 is revised to read as 

follows: 

§ 100.1 Introduction. 

The following components have been 

delegated authority under the 

Immigration and Nationality Act to 

administer and enforce certain 

provisions of the Immigration and 

Nationality Act and all other laws 

relating to immigration: U.S. Customs 

and Border Protection (CBP), U.S. 

Immigration and Customs Enforcement 

(ICE), and U.S. Citizenship and 

Immigration Services (USCIS). 

§ 100.2 [Removed and Reserved] 

■ 5. Section 100.2 is removed and 

reserved. 

■ 6. Section 100.3 is revised to read as 

follows: 

§ 100. 3 Places where, and methods 

whereby, information may be secured or 

submittals or requests made. 

Any person desiring information 

relative to a matter handled by CBP, ICE 

or USCIS or any person desiring to make 

a submittal or request in connection 

with such a matter, should 

communicate either orally or in writing, 

with either CBP, ICE or USCIS as 

appropriate. When the submittal or 

request consists of a formal application 

for one of the documents, privileges, or 

other benefits provided for in the laws 

administered by CBP, ICE or USCIS or 

the regulations implementing those 

laws, follow the instructions on the 

form as to preparation and place of 

submission. Individuals can seek 

service or assistance from CBP, ICE or 

USCIS by visiting the CBP, ICE or 

USCIS Web site or calling CBP, ICE or 

USCIS. 

§ 100.4 [Amended] 

■ 7. Section 100.4 is amended by: 

■ a. Removing the introductory text; 

■ b. Removing paragraphs (a), (b), (c)(1) 

and (c)(4), (e) and (f); 

■ c. Removing paragraph (c) heading 

and introductory text; 

■ d. Redesignating paragraph (c)(2), as 

paragraph (a); 

■ e. Redesignating paragraph (c)(3) as 

paragraph (b); and 

■ f. Redesignating paragraph (d) as 

paragraph (c). 

§ 100.5 [Amended] 

■ 8. Section 100.5 is amended by 

revising the term ‘‘Immigration and 

Naturalization Service’’ to read 

‘‘Department of Homeland Security’’. 

§ 100.6 [Removed and Reserved] 

■ 9. Section 100.6 is removed and 

reserved. 

§ 100.7 [Amended] 

■ 10. Section 100.7 is amended by 

revising the term ‘‘Immigration and 

Naturalization Service’’ to read 

‘‘Department of Homeland Security’’. 

PART 103—POWERS AND DUTIES; 

AVAILABILITY OF RECORDS 

■ 11. The authority citation for part 103 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 

1101, 1103, 1304, 1356; 31 U.S.C. 9701; 

Public Law 107–296, 116 Stat. 2135 (6 U.S.C. 

1 et seq.); E.O. 12356, 47 FR 14874, 15557, 

3 CFR, 1982 Comp., p. 166; 8 CFR part 2. 

■ 12. Section 103.2 is amended by: 

■ a. Revising the first sentence of 

paragraph (a)(1); and by 

■ b. Revising paragraph (a)(6). 

The revisions read as follows: 

§ 103.2 Applications, petitions, and other 

documents. 

(a) * * * 

(1) * * * Every application, petition, 

appeal, motion, request, or other 

document submitted on any form 

prescribed by this chapter I, 

notwithstanding any other regulations 

to the contrary, must be filed with the 

location and executed in accordance 

with the instructions on the form, such 

instructions being hereby incorporated 

into the particular section of the 

regulations in this chapter I requiring its 

submission. * * * 

* * * * * 

(6) Where to file. An application or 

petition must be filed as indicated in the 

instructions on the respective form. 

* * * * * 

PART 204—IMMIGRANT PETITIONS 

■ 13. The authority citation for part 204 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 

1154, 1182, 1186a, 1255, 1641; 8 CFR part 2. 

■ 14. Section 204.1, is amended by 

revising paragraph (e) to read as follows: 

§ 204.1 General information about 

immediate relative and family-sponsored 

petitions. 

* * * * * 

(e) Jurisdiction. A petition described 

in this part must be filed in accordance 

with the instructions on the form. A 

United States consular officer in a 

country in which USCIS does not have 

an office may accept and approve a 

relative petition or a petition filed by a 

widow or widower if the petitioner 

resides in the area over which the post 

has jurisdiction, regardless of the 

beneficiary’s residence or physical 

presence at the time of filing. In 

emergency or humanitarian cases and 

cases of national interest, a United 

States consular officer may accept a 

petition filed by a petitioner who does 

not reside within the consulate’s 

jurisdiction. While consular officers are 

authorized to approve petitions, they 

must refer any petition which is not 

clearly approvable to the appropriate 

USCIS office. Consular officers may 

consult with the appropriate USCIS 

office abroad prior to stateside referral, 

if they deem it necessary. A consular 

official may not accept or approve a selfpetition filed by the spouse or child of 

an abusive citizen or lawful permanent 

resident of the United States under 

section 204(a)(1)(A)(iii), 204(a)(1)(A)(iv), 

204(a)(1)(B)(ii), or 204(a)(1)(B)(iii) of the 

Act. These self-petitions must be filed 

with a USCIS office in the United States 

as indicated in the instructions to the 

applicable petition form as prescribed 

by USCIS. 

* * * * * 

■ 15. Section 204.3(g) is revised to read 

as follows: 

§ 204.3 Orphans. 

* * * * * 

(g) Where to file. Form I–600, Petition 

to Classify Orphan as an Immediate 

Relative, and Form I–600A, Application 

for Advanced Processing of Orphan 

Petition, must be filed in accordance 

with the instructions on the form. 

* * * * * 

§ 204.4 [Amended] 

■ 16. Section 204.4 is amended by: 

■ a. Revising the phrase ‘‘with the 

Service office having jurisdiction over 

the place of the alien’s intended 

residence in the United States or with 

the overseas Service office having 

jurisdiction over the alien’s residence 

abroad’’ in paragraph (c) to read: ‘‘in 

accordance with the instructions on the 

form’’; and 

■ b. Revising the phrase ’’ with the 

Service office having jurisdiction over 

the beneficiary’s residence in the United 

States’’ in the second sentence of 

paragraph (i) to read: ‘‘with USCIS’’. 

§ 204.5 [Amended] 

■ 17. Section 204.5(b), is amended by 

revising the phrase ‘‘with the Service 

Center having jurisdiction over the 


erowe on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26937 

intended place of employment, unless 

specifically designated for local filing by 

the Associate Commissioner for 

Examinations’’ to read: ‘‘in accordance 

with the instructions on the form’’. 

§ 204.6 [Amended] 

■ 18. Section 204.6 is amended by 

removing and reserving paragraph (b). 

§ 204.8 [Removed and Reserved] 

■ 19. Section 204.8 is removed and 

reserved. 

■ 20. Section 204.9 is amended by: 

■ a. Revising paragraph (a)(2); and 

■ b. Revising the phrase ‘‘with the 

director having jurisdiction over his or 

her place of residence,’’ in the first 

sentence of paragraph (c)(2) to read ‘‘in 

accordance with the instructions on the 

form’’. 

The revision reads as follows: 

§ 204.9 Special immigrant status for 

certain aliens who have served honorably 

(or are enlisted to serve) in the Armed 

Forces of the United States for at least 12 

years. 

(a) * * * 

(2) Where to file. The petition must be 

filed in accordance with the instructions 

on the form. 

* * * * * 

§ 204.10 [Amended] 

■ 21. Section 204.10 is amended by 

removing and reserving paragraph (c)(2). 

■ 22. Section 204.11 is amended by 

revising paragraph (b) to read as follows: 

§ 204.11 Special immigrant status for 

certain aliens declared dependent on a 

juvenile court (special immigrant juvenile). 

* * * * * 

(b) Petition for special immigrant 

juvenile. An alien may not be classified 

as a special immigrant juvenile unless 

the alien is the beneficiary of an 

approved petition to classify an alien as 

a special immigrant under section 

101(a)(27) of the Act. The petition must 

be filed on Form I–360, Petition for 

Amerasian, Widow(er) or Special 

Immigrant. The alien, or any person 

acting on the alien’s behalf, may file the 

petition for special immigrant juvenile 

status. The person filing the petition is 

not required to be a citizen or lawful 

permanent resident of the United States. 

* * * * * 

§ 204.13 [Amended] 

■ 23. Section 204.13 is amended by 

removing the last sentence in paragraph 

(c). 

PART 207—ADMISSION OF 

REFUGEES 

■ 24. The authority citation for part 207 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 

1159, 1182; 8 CFR part 2. 

§ 207.1 [Amended] 

■ 25. Section 207.1 is amended by 

removing the phrase ‘‘with the Service 

office having jurisdiction over the area 

where the applicant is located’’ in the 

first sentence of paragraph (a). 

PART 208—PROCEDURES FOR 

ASYLUM AND WITHHOLDING OF 

REMOVAL 

■ 26. The authority citation for part 208 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 

1282; 8 CFR part 2. 

■ 27. Section 208.4 is amended by 

revising paragraph (b) to read as follows: 

§ 208.4 Filing the application. 

* * * * * 

(b) Filing location. Form I–589, 

Application for Asylum and 

Withholding of Removal, must be filed 

in accordance with the instructions on 

the form. 

* * * * * 

§ 208.5 [Amended] 

■ 28. Section 208.5(b)(1)(ii) is amended 

in the first sentence by revising the 

phrase ‘‘to the district director having 

jurisdiction over the port-of-entry’’ to 

read: ‘‘in accordance with the 

instructions on the form’’, and by 

revising the term ‘‘district director’’ to 

read ‘‘DHS office’’ wherever that term 

appears. 

PART 211—DOCUMENTARY 

REQUIREMENTS; IMMIGRANTS; 

WAIVERS 

■ 29. The authority citation for part 211 

continues to read as follows: 

Authority: 1101, 1103, 1181, 1182, 1203, 

1225, 1257; 8 CFR part 2. 

■ 30. Section 211.1 is amended by 

revising paragraph (b)(3) to read as 

follows: 

§ 211.1 Visas. 

* * * * * 

(b) * * * 

(3) If an immigrant alien returning to 

an unrelinquished lawful permanent 

residence in the United States after a 

temporary absence abroad believes that 

good cause exists for his or her failure 

to present an immigrant visa, Form I– 

551, or reentry permit, the alien may file 

an application for a waiver of this 

requirement with the DHS officer with 

jurisdiction over the port of entry where 

the alien arrives. To apply for this 

waiver, the alien must file Form I–193, 

Application for Waiver of Passport and/ 

or Visa, with the fee prescribed in 8 CFR 

103.7(b)(1), except that if the alien’s 

Form I–551 was lost or stolen, the alien 

must instead file Form I–90, 

Application to Replace Permanent 

Resident Card, with the fee prescribed 

in 8 CFR 103.7(b)(1), provided the 

temporary absence did not exceed 1 

year. In the exercise of discretion, the 

DHS officer who has jurisdiction over 

the port of entry where the alien arrives 

may waive the alien’s lack of an 

immigrant visa, Form I–551, or reentry 

permit and admit the alien as a 

returning resident if DHS is satisfied 

that the alien has established good cause 

for the alien’s failure to present an 

immigrant visa, Form I–551, or reentry 

permit. Filing the Form I–90 will serve 

as both application for replacement and 

as application for waiver of passport 

and visa, without the obligation to file 

a separate waiver application. 

* * * * * 

■ 31. Section 211.2 is amended by 

revising paragraph (b) to read as follows: 

§ 211.2 Passports. 

* * * * * 

(b) Except as provided in paragraph 

(a) of this section, if an alien seeking 

admission as an immigrant with an 

immigrant visa believes that good cause 

exists for his or her failure to present a 

passport, the alien may file an 

application for a waiver of this 

requirement with the DHS officer who 

has jurisdiction over the port of entry 

where the alien arrives. To apply for this 

waiver, the alien must file Form I–193, 

Application for Waiver of Passport and/ 

or Visa, with the fee prescribed in 8 CFR 

103.7(b)(1). In the exercise of discretion, 

the DHS officer with jurisdiction over 

the port of entry, may waive the alien’s 

lack of passport and admit the alien as 

an immigrant, if DHS is satisfied that 

the alien has established good cause for 

his or her failure to present a passport. 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANTS; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 32. The authority citation for part 212 

continues to read as follows: 

Authority: 8 U.S.C. 1101 and note, 1102, 

1103, 1182 and note, 1184, 1187, 1223, 1225, 

1226, 1227. 

■ 33. Section 212.2 is amended by: 

■ a. Revising paragraph (d); 


erowe on PROD1PC63 with RULES
26938 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 

■ b. Removing the phrase ‘‘an 

application for permission to reapply, 

Form I–212, with the district director 

having jurisdiction over the place where 

the alien resides’’ in the second 

sentence of paragraph (e) and adding in 

its place ‘‘Form I–212, Application for 

Permission to Reapply’’; 

■ c. Revising paragraph (f); 

■ d. Revising paragraph (g)(2); and 

■ e. Removing paragraph (g)(3). 

The revisions read as follows: 

§ 212.2 Consent to reapply for admission 

after deportation, removal or departure at 

Government expense. 

* * * * * 

(d) Applicant for immigrant visa. 

Except as provided in paragraph (g)(2) 

of this section, an applicant for an 

immigrant visa who is not physically 

present in the United States and who 

requires permission to reapply must file 

Form I–212. Except as provided in 

paragraph (g)(2) of this section, if the 

applicant also requires a waiver under 

section 212(g), (h), or (i) of the Act, 

Form I–601, Application for Waiver of 

Grounds of Excludability, must be filed 

simultaneously with the Form I–212. 

* * * * * 

(f) Applicant for admission at port of 

entry. An alien may request permission 

at a port of entry to reapply for 

admission to the United States within 5 

years of the deportation or removal, or 

20 years in the case of an alien 

deported, or removed 2 or more times, 

or at any time after deportation or 

removal in the case of an alien 

convicted of an aggravated felony. The 

alien must file the Form I–212, where 

required, with the DHS officer having 

jurisdiction over the port of entry. 

(g) * * * 

(2) An alien who is an applicant for 

parole authorization under 8 CFR 

245.15(t)(2) and requires consent to 

reapply for admission after deportation, 

removal, or departure at Government 

expense, or a waiver under section 

212(g), 212(h), or 212(i) of the Act, must 

file the requisite Form I–212 or Form I– 

601 concurrently with the Form I–131, 

Application for Travel Document. An 

alien who is an applicant for parole 

authorization under 8 CFR 245.13(k)(2) 

and requires consent to reapply for 

admission after deportation, removal, or 

departure at Government expense, or a 

waiver under section 212(g), 212(h), or 

212(i) of the Act, must file the requisite 

Form I–212 or Form I–601 concurrently 

with the Form I–131, Application for 

Travel Document. 

* * * * * 

■ 34. Section 212.3 is amended by: 

■ a. Revising paragraph (a); 

■ b. Removing the phrase ‘‘with the 

appropriate district director’’ at the end 

of the last sentence in paragraph (d); 

and by 

■ c. Revising paragraph (f) introductory 

text. 

The revisions read as follows: 

§ 212.3 Application for the exercise of 

discretion under section 212(c). 

(a) Jurisdiction. An application for the 

exercise of discretion under section 

212(c) of the Act must be submitted on 

Form I–191, Application for Advance 

Permission to Return to Unrelinquished 

Domicile. If the application is made in 

the course of proceedings under 

sections 235, 236, or 242 of the Act, the 

application shall be made to the 

Immigration Court. 

* * * * * 

(f) Limitations on discretion to grant 

an application under section 212(c) of 

the Act. An application for advance 

permission to enter under section 212 of 

the Act shall be denied if: 

* * * * * 

■ 35. Section 212.7 is amended by: 

■ a. Revising paragraph (a)(1); and by 

■ b. Removing and reserving paragraph 

(b)(2). 

The revision reads as follows: 

§ 212.7 Waiver of certain grounds of 

inadmissibility. 

(a) * * * 

(1) Form I–601 must be filed in 

accordance with the instructions on the 

form. When filed at a consular office, 

Form I–601 shall be forwarded to USCIS 

for a decision upon conclusion that the 

alien is admissible but for the grounds 

for which a waiver is sought. 

* * * * * 

§ 212.15 [Amended] 

■ 36. Section 212.15 is amended by: 

■ a. Removing the phrase, ‘‘, and all 

accompanying required evidence, to the 

Director, Nebraska Service Center, in 

duplicate with the appropriate fee 

contained in 8 CFR 103.7(b)(1)’’ in the 

first sentence of paragraph (j)(1) 

introductory text; 

■ b. Removing the phrase ‘‘to the 

Director, Nebraska Service Center,’’ in 

first sentence of paragraph (j)(2)(i); 

■ c. Removing the phrase ‘‘to the 

Director, Nebraska Service Center,’’ in 

the first sentence of paragraph (j)(2)(ii); 

and 

■ d. Revising the term ‘‘the Director, 

Nebraska Service Center’’ to read: 

‘‘USCIS’’ in the first sentence of 

paragraph (j)(3)(i). 

PART 214—NONIMMIGRANT CLASSES 

■ 37. The authority citation for part 214 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 

1184, 1185 (pursuant to E.O. 13323, 69 FR 

241, 3 CFR, 2003 Comp., p. 278), 1186a, 

1187, 1221, 1281, 1282, 1301–1305, 1372, 

1379, 1731–32; section 643, Pub. L. 104–208, 

110 Stat. 3009–708; 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, 8 CFR part 

2. 

■ 38. Section 214.2 is amended by: 

■ a. Revising paragraph (a)(6)(iii); 

■ b. Removing the phrase ‘‘with the 

appropriate Service Center’’ in 

paragraph (e)(8)(iv)(B); 

■ c. Removing the word ‘‘State’’ in the 

first sentence of paragraph (e)(8)(iv)(C) 

and adding in its place ‘‘Department of 

State’’; 

■ d. Removing the phrase ‘‘with the 

Service Center’’ in the first sentence of 

paragraph (e)(8)(v); 

■ e. Removing the phrase ‘‘a Service 

Center’’ in the second sentence of 

paragraph (e)(8)(v) and adding in its 

place ‘‘USCIS’’; 

■ f. Removing the last sentence of 

paragraph (e)(8)(v); 

■ g. Revising paragraph (g)(6)(iii); 

■ h. Removing paragraph (h)(3)(i)(D); 

■ i. Removing the second sentence in 

paragraph (k)(1); 

■ j. Removing the last sentence in 

paragraph (k)(7); 

■ k. Revising paragraph (l)(2); 

■ l. Removing the phrase ‘‘Service 

Center’’ in paragraph (l)(5)(ii)(C) and 

adding in its place ‘‘USCIS office’’; 

■ m. Revising paragraph (l)(5)(ii)(F); 

■ n. Removing the third sentence in 

paragraph (l)(7)(i) introductory text and 

by revising the word ‘‘Service’’ in the 

fourth sentence to read ‘‘USCIS’’; 

■ o. Revising paragraph (l)(7)(i)(C); 

■ p. Removing the term ‘‘Service 

Center’’ in the second sentence of 

paragraph (l)(8)(ii) and adding in its 

place ‘‘USCIS office’’; 

■ q. Removing the third sentence in 

paragraph (m)(11)(ii)(A); 

■ r. Removing the phrase ‘‘to the service 

center with jurisdiction over the current 

school’’ in the fourth sentence of 

paragraph (m)(11)(ii)(B); 

■ s. Removing the phrase ‘‘, with the 

Service Center which has jurisdiction in 

the area where the alien will work’’ in 

the first sentence of paragraph (o)(2)(i); 

■ t. Removing the phrase ‘‘and must be 

filed with the Service Center which has 

jurisdiction in the area where the 

petitioner is located’’ in the first 

sentence of paragraph (o)(2)(iv)(A), and 

by removing the second sentence; 

■ u. Removing the phrase ‘‘with the 

Service Center that has jurisdiction over 

the area where the alien will perform 

services,’’ in paragraph (o)(2)(iv)(B); 


erowe on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26939 

■ v. Removing the phrase ‘‘with the 

Service Center having jurisdiction over 

the new place of employment’’ in the 

first sentence of paragraph (o)(2)(iv)(C); 

■ w. Removing the phrase ‘‘with the 

Service Center where the original 

petition was filed’’ in the first sentence 

of paragraph (o)(2)(iv)(D); 

■ x. Revising the ninth sentence in 

(p)(2)(i); 

■ y. Removing the phrase ‘‘and must be 

filed with the Service Center which has 

jurisdiction in the area where the 

petitioner is located’’ in the first 

sentence of (p)(2)(iv)(A), and by 

removing the second sentence; 

■ z. Removing the phrase ‘‘with the 

Service Center that has jurisdiction over 

the area where the alien will perform 

the services,’’ in (p)(2)(iv)(B); 

■ aa. Removing the phrase ‘‘with the 

appropriate Service Center’’ in the last 

sentence of (p)(2)(iv)(H); 

■ bb. Removing the second sentence of 

paragraph (q)(5)(i); 

■ cc. Removing the phrase ‘‘with the 

service center having jurisdiction over 

the area where the alien will perform 

services or labor, or receive training’’ in 

the first sentence of paragraph (q)(5)(iv); 

The revisions read as follows: 

§ 214.2 Special requirements for 

admission, extension, and maintenance of 

status. 

(a) * * * 

(6) * * * 

(iii) If the Department of State’s 

endorsement is favorable, the dependent 

may apply to USCIS for employment 

authorization. When applying to USCIS 

for employment authorization, the 

dependent must present his or her Form 

I–566 with a favorable endorsement 

from the Department of State and any 

additional documentation as may be 

required by the Secretary. 

* * * * * 

(g) * * * 

(6) * * * 

(iii) If the Department of State’s 

endorsement is favorable, the dependent 

may apply to USCIS for employment 

authorization. When applying to USCIS 

for employment authorization, the 

dependent must present his or her Form 

I–566 with a favorable endorsement 

from the Department of State and any 

additional documentation as may be 

required by the Secretary. 

* * * * * 

(l) * * * 

(2) * * * 

(i) Except as provided in paragraph 

(l)(2)(ii) and (l)(17) of this section, a 

petitioner seeking to classify an alien as 

an intracompany transferee must file a 

petition on Form I–129, Petition for 

Nonimmigrant Worker. The petitioner 

shall advise USCIS whether a previous 

petition for the same beneficiary has 

been filed, and certify that another 

petition for the same beneficiary will 

not be filed unless the circumstances 

and conditions in the initial petition 

have changed. Failure to make a full 

disclosure of previous petitions filed 

may result in a denial of the petition. 

(ii) A United States petitioner which 

meets the requirements of paragraph 

(l)(4) of this section and seeks 

continuing approval of itself and its 

parent, branches, specified subsidiaries 

and affiliates as qualifying organizations 

and, later, classification under section 

101(a)(15)(L) of the Act multiple 

numbers of aliens employed by itself, its 

parent, or those branches, subsidiaries, 

or affiliates may file a blanket petition 

on Form I–129. The blanket petition 

shall be maintained at the adjudicating 

office. The petitioner shall be the single 

representative for the qualifying 

organizations with which USCIS will 

deal regarding the blanket petition. 

* * * * * 

(5) * * * 

(ii) * * * 

(F) If the consular officer determines 

that the alien is ineligible for L 

classification under a blanket petition, 

the consular officer’s decision shall be 

final. The consular officer shall record 

the reasons for the denial on Form I– 

129S, retain one copy, return the 

original of I–129S to the USCIS office 

which approved the blanket petition, 

and provide a copy to the alien. In such 

a case, an individual petition may be 

filed for the alien on Form I–129, 

Petition for Nonimmigrant Worker. The 

petition shall state the reason the alien 

was denied L classification and specify 

the consular office which made the 

determination and the date of the 

determination. 

* * * * * 

(7) * * * 

(i) * * * 

(C) Amendments. The petitioner must 

file an amended petition, with fee, at the 

USCIS office where the original petition 

was filed to reflect changes in approved 

relationships, additional qualifying 

organizations under a blanket petition, 

change in capacity of employment (i.e., 

from a specialized knowledge position 

to a managerial position), or any 

information which would affect the 

beneficiary’s eligibility under section 

101(a)(15)(L) of the Act. 

* * * * * 

(p) * * * 

(2) * * * 

(i) * * * The petitioner must file a P 

petition on Form I–129, Petition for 

Nonimmigrant Worker. * * * 

* * * * * 

PART 216—CONDITIONAL BASIS OF 

LAWFUL PERMANENT RESIDENCE 

STATUS 

■ 39. The authority citation for part 216 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 

1186a, 1186b, and 8 CFR part 2. 

§ 216.4 [Amended] 

■ 40. Section 216.4 is amended by 

removing and reserving paragraph (a)(3). 

§ 216.5 [Amended] 

■ 41. Section 216.5 is amended by 

removing and reserving paragraph (c). 

§ 216.6 [Amended] 

■ 42. Section 216.6, is amended by 

removing and reserving paragraph (a)(2). 

PART 236—APPREHENSION AND 

DETENTION OF INADMISSIBLE AND 

DEPORTABLE ALIENS; REMOVAL OF 

ALIENS ORDERED REMOVED 

■ 43. The authority citation for part 236 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 

1103, 1182, 1224, 1225, 1226, 1227, 1231, 

1362; 18 U.S.C. 4002, 4013(c)(4); 8 CFR part 

2. 

§ 236.14 [Amended] 

■ 44. Section 236.14 is amended by 

removing the first sentence of paragraph 

(a). 

PART 240—PROCEEDINGS TO 

DETERMINE REMOVABILITY OF 

ALIENS IN THE UNITED STATES 

■ 45. The authority citation for part 240 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1182, 1186a, 

1224, 1225, 1226, 1227, 1251, 1252 note, 

1252a, 1252b, 1362; secs. 202 and 203, Pub. 

L. 105–100 (111 Stat 2160, 2193); sec. 902, 

Pub. L. 105–277 (112 Stat. 2681); 8 CFR 2. 

§ 240.63 [Amended] 

■ 46. Section 240.63 is amended by 

removing the phrase ‘‘at the appropriate 

Service Center’’ in paragraph (c). 

PART 244—TEMPORARY PROTECTED 

STATUS FOR NATIONALS OF 

DESIGNATED STATES 

■ 47. The authority citation for part 244 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1254, 1254a note, 

8 CFR part 2. 


erowe on PROD1PC63 with RULES
26940 Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 

§ 244.7 [Amended] 

■ 48. Section 244.7 is amended by 

removing the phrase ‘‘shall be filed with 

the director having jurisdiction over the 

applicant’s place of residence’’ in 

paragraph (a) and adding in its place 

‘‘must be filed on Form I–821, 

Application for Temporary Protected 

Status’’. 

PART 245—ADJUSTMENT OF STATUS 

TO THAT OF PERSON ADMITTED FOR 

LAWFUL PERMANENT RESIDENCE 

■ 49. The authority citation for part 245 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 

sec. 202, Pub. L. 105–100, 111 Stat. 2160, 

2193; sec. 902, Pub. L. 105–277, 112 Stat. 

2681; 8 CFR part 2. 

§ 245.2 [Amended] 

■ 50. Section 245.2 is amended by: 

■ a. Removing the phrase ‘‘, and shall be 

submitted to the director having 

jurisdiction over the applicant’s place of 

residence in the United States’’ in the 

second sentence in paragraph (b); 

■ b. Removing the third sentence in 

paragraph (b); 

■ c. Removing the word ‘‘his’’ in the 

fourth sentence of paragraph (b) and 

adding in its place ‘‘the’’; 

■ d. Removing the phrase ‘‘with the 

director having jurisdiction over the 

applicant’s place of residence’’ in the 

first sentence in paragraph (c); 

■ e. Removing the phrase ‘‘the director’’ 

in the third sentence of paragraph (c) 

and adding in its place ‘‘USCIS’’; 

■ f. Removing the phrase ‘‘by the 

director’’ in the fifth sentence of 

paragraph (c). 

§ 245.7 [Amended] 

■ 51. Section 245.7 is amended by 

removing the phrase ‘‘with the director 

having jurisdiction over the applicant’s 

place of residence’’ from the first 

sentence of paragraph (a). 

§ 245.8 [Amended] 

■ 52. Section 245.8 is amended by 

removing the phrase ‘‘with the director 

having jurisdiction over the applicant’s 

place of residence’’ from the first 

sentence of paragraph (a). 

§ 245.12 [Amended] 

■ 53. Section 245.12 is amended by 

removing the phrase ‘‘, with the Service 

director having jurisdiction over the 

applicant’s place of residence’’ in 

paragraph (a)(1). 

PART 248—CHANGE OF 

NONIMMIGRANT CLASSIFICATION 

■ 54. The authority citation for part 248 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1184, 1258; 

8 CFR part 2. 

§ 248.3 [Amended] 

■ 55. Section 248.3 is amended by 

removing the phrase ‘‘, to the Nebraska 

Service Center’’ in paragraph (d). 

PART 264—REGISTRATION AND 

FINGERPRINTING OF ALIENS IN THE 

UNITED STATES 

■ 56. The authority citation for part 264 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1201, 1303–1305; 

8 CFR part 2. 

§ 264.2 [Amended] 

■ 57. Section 264.2 is amended by 

removing the phrase ‘‘to the Service 

office having jurisdiction over the 

applicant’s place of residence in the 

United States’’ in paragraph (a) and 

adding in its place ‘‘on Form I–485 in 

accordance with the instructions on the 

form and paragraph (c) of this section’’. 

■ 58. Section 264.5 is amended by 

revising the first sentence in paragraph 

(e)(2)(i) to read as follows: 

§ 264.5 Application for a replacement 

Permanent Resident Card. 

(e) * * * 

(2) * * * 

(i) Form I–90 must be filed in 

accordance with the instructions on the 

form. * * * 

* * * * * 

PART 274A—CONTROL OF 

EMPLOYMENT OF ALIENS 

■ 59. The authority citation for part 

274A continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1324a; 8 

CFR part 2. 

§ 274a.13 [Amended] 

■ 60. Section 274a.13 is amended by: 

■ a. Removing the phrase ‘‘with the 

director having jurisdiction over 

applicant’s residence, or the director 

having jurisdiction over the port of 

entry at which the alien applies, or with 

such other Service office as the 

Commissioner may designate’’ in the 

first sentence of paragraph (a)(1) and 

add in its place ‘‘, Application for 

Employment Authorization’’; 

■ b. Removing the phrase ‘‘the director 

or such other officer as the 

Commissioner may designate’’ in the 

second sentence in paragraph (a)(1) and 

adding in its place ‘‘USCIS’’; 

■ c. Removing the phrase ‘‘with the 

appropriate Service Center or with such 

other Service office as the 

Commissioner may designate’’ in the 

first and last sentences in paragraph 

(a)(2); 

■ d. Removing the phrase ‘‘the district 

director’’ in the first sentence of 

paragraph (d) and adding in its place 

‘‘USCIS’’; 

■ e. Removing the phrase ‘‘the INS’’ in 

the first sentence of paragraph (d) and 

adding in its place ‘‘USCIS’’. 

PART 301—NATIONALS AND 

CITIZENS OF THE UNITED STATES AT 

BIRTH 

■ 61. The authority citation for part 301 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1401; 8 CFR part 

2. 

§ 301.1 [Amended] 

■ 62. In section 301.1, paragraph (a)(1) 

is amended by removing the term 

‘‘Service’’ in the first and last sentences 

and adding in its place ‘‘USCIS’’, and by 

removing the second sentence. 

PART 316—GENERAL 

REQUIREMENTS FOR 

NATURALIZATION 

■ 63. The authority citation for part 316 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1181, 1182, 1427, 

1443, 1447; 8 CFR part 2. 

§ 316.3 [Removed and Reserved] 

■ 64. Section 316.3 is removed and 

reserved. 

PART 320—CHILD BORN OUTSIDE 

THE UNITED STATES AND RESIDING 

PERMANENTLY IN THE UNITED 

STATES; REQUIREMENTS FOR 

AUTOMATIC ACQUISITION OF 

CITIZENSHIP 

■ 65. The authority citation for part 320 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1443; 8 CFR part 

2. 

§ 320.3 [Amended] 

■ 66. Section 320.3 is amended by 

removing the fourth sentence in 

paragraph (a). 

PART 322—CHILD BORN OUTSIDE 

THE UNITED STATES; 

REQUIREMENTS FOR APPLICATION 

FOR CERTIFICATE OF CITIZENSHIP 

■ 67. The authority citation for part 322 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1443; 8 CFR part 

2. 

§ 322.3 [Amended] 

■ 68. Section 322.3 is amended by 

removing the third sentence in 

paragraph (a). 


erowe on PROD1PC63 with RULES
Federal Register / Vol. 74, No. 107 / Friday, June 5, 2009 / Rules and Regulations 26941 

PART 324—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: WOMEN WHO HAVE 

LOST UNITED STATES CITIZENSHIP 

BY MARRIAGE AND FORMER 

CITIZENS WHOSE NATURALIZATION 

IS AUTHORIZED BY PRIVATE LAW 

■ 69. The authority citation for part 324 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1435, 1443, 1448, 

1101 note. 

§ 324.2 [Amended] 

■ 70. Section 324.2 is amended by 

removing the final sentence of 

paragraph (b). 

§ 324.3 [Amended] 

■ 71. Section 324.3 is amended by: 

■ a. Removing the phrase ‘‘the office of 

the Service having jurisdiction over her 

place of residence as evidence of her 

desire to take the oath’’ in paragraph 

(b)(1) and adding in its place ‘‘USCIS in 

accordance with the instructions on the 

form.’’; 

■ b. Removing the phrase ‘‘the district 

director’’ in paragraph (b)(2) and adding 

in its place ‘‘USCIS’’; 

■ c. Removing the phrase ‘‘the Service’’ 

in paragraph (b)(2) and adding in its 

place ‘‘USCIS’’. 

§ 324.4 [Amended] 

■ 72. Section 324.4 is amended by 

removing the phrase ‘‘office of the 

Service’’ and adding in its place ‘‘USCIS 

office’’. 

§ 324.5 [Amended] 

■ 73. Section 324.5 is amended by 

removing the phrase ‘‘the Service’’ 

wherever it appears and adding in its 

place ‘‘USCIS’’. 

PART 327—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: PERSONS WHO LOST 

UNITED STATES CITIZENSHIP 

THROUGH SERVICE IN ARMED 

FORCES OF FOREIGN COUNTRY 

DURING WORLD WAR II 

■ 74. The authority citation for part 327 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1438, 1443. 

§ 327.2 [Amended] 

■ 75. Section 327.2 is amended by 

removing the phrase ‘‘, to the Service 

office having jurisdiction over the 

applicant’s place of residence’’ in the 

first sentence of paragraph (a). 

PART 328—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: PERSONS WITH 

THREE YEARS’ SERVICE IN ARMED 

FORCES OF THE UNITED STATES 

■ 76. The authority citation for part 328 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1439, 1443. 

§ 328.3 [Removed and Reserved] 

■ 77. Section 328.3 is removed and 

reserved. 

PART 329—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: NATURALIZATION 

BASED UPON ACTIVE DUTY SERVICE 

IN THE UNITED STATES ARMED 

FORCES DURING SPECIFIED 

PERIODS OF HOSTILITIES 

■ 78. The authority citation for part 329 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1440, 1443; 8 

CFR part 2. 

§ 329.3 [Removed and Reserved] 

■ 79. Section 329.3 is removed and 

reserved. 

§ 329.5 [Amended] 

■ 80. Section 329.5 is amended by 

removing and reserving paragraph (c). 

PART 330—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: SEAMEN 

■ 81. The authority citation for part 330 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1443. 

§ 330.2 [Amended] 

■ 82. Section 330.2 is amended by 

adding a period immediately after the 

phrase ‘‘An applicant for naturalization 

under section 330 of the Act must 

submit an Application for 

Naturalization, Form N–400’’ and 

removing the remaining text in 

paragraph (a). 

PART 334—APPLICATION FOR 

NATURALIZATION 

■ 83. The authority citation for part 334 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1443. 

§ 334.1 [Amended] 

■ 84. Section 334.1 is amended by 

removing the phrase ‘‘at the Service 

office indicated in the appropriate part 

of this chapter’’ and adding in its place 

‘‘in accordance with the instructions on 

the form’’. 

§ 334.11 [Amended] 

■ 85. Section 334.11 is amended by 

removing the phrase ‘‘with the Service 

office having jurisdiction over the 

applicant’s place of residence in the 

United States’’ from the second sentence 

of paragraph (a). 

PART 392—SPECIAL CLASSES OF 

PERSONS WHO MAY BE 

NATURALIZED: PERSONS WHO DIE 

WHILE SERVING ON ACTIVE DUTY 

WITH THE UNITED STATES ARMED 

FORCES DURING CERTAIN PERIODS 

OF HOSTILITIES 

■ 86. The authority citation for part 392 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1440 and note, 

and 1440–1; 8 CFR part 2. 

§ 392.3 [Amended] 

■ 87. Section 392.3(b)(1), is amended by 

adding a period immediately after the 

phrase ‘‘An application for posthumous 

citizenship must be submitted by mail 

on Form N–644’’ and removing the 

remaining text from the first sentence 

and removing the second sentence. 

Janet Napolitano, 

Secretary. 

[FR Doc. E9–13014 Filed 6–4–09; 8:45 am] 

BILLING CODE 9111–97–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 370 

RIN 3064–AD37 

Modification of Temporary Liquidity 

Guarantee Program 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Final rule. 

SUMMARY: The FDIC is issuing this Final 

Rule to make permanent a minor 

modification to the Temporary Liquidity 

Guarantee Program (TLGP) to include 

certain issuances of mandatory 

convertible debt (MCD) under the TLGP 

debt guarantee program (DGP). 

DATES: The final rule becomes effective 

on June 5, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Steven Burton, Senior Financial 

Analyst, Bank and Regulatory Policy 

Section, Division of Insurance and 

Research, (202) 898–3539 or 

sburton@fdic.gov; Robert C. Fick, 

Counsel, Legal Division, (202) 898–8962 

or rfick@fdic.gov; A. Ann Johnson, 

Counsel, Legal Division (202) 898–3573 

or aajohnson@fdic.gov; Mark L. 

Handzlik, Senior Attorney, Legal 

Division, (202) 898–3990 or 

mhandzlik@fdic.gov; Gail Patelunas, 

Deputy Director, Division of Resolutions 


erowe on PROD1PC63 with RULES