[Federal Register Volume 85, Number 91 (Monday, May 11, 2020)]
[Rules and Regulations]
[Pages 27645-27649]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10090]
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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. 85, No. 91 / Monday, May 11, 2020 / Rules and
Regulations
[[Page 27645]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Part 214
RIN 1651-AB38
Period of Admission and Extensions of Stay for Representatives of
Foreign Information Media Seeking To Enter the United States
AGENCY: U.S. Customs and Border Protection, DHS.
ACTION: Final rule.
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SUMMARY: This rule amends the Department of Homeland Security's
(``DHS'' or ``the Department'') regulations to achieve greater
reciprocity between the United States and the People's Republic of
China (PRC), with the exception of Hong Kong Special Administrative
Region (SAR) or Macau SAR passport holders, relative to the treatment
of representatives of foreign information media of the respective
countries seeking entry into the other country. For entry into the
United States, such foreign nationals would seek to be admitted in I
nonimmigrant status as bona fide representatives of foreign information
media. These changes apply to foreign nationals who present a passport
issued by the PRC, with the exception of Hong Kong SAR and Macau SAR
passport holders. Under this rule, DHS will admit such aliens in I
nonimmigrant status, or otherwise grant I nonimmigrant status to such
aliens, only for the period necessary to accomplish the authorized
purpose of their stay in the United States, not to exceed 90 days. The
rule also allows such visitors to apply for extensions of stay.
DATES: This rule is effective on May 8, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Paul Minton, Program Manager,
Enforcement Programs, Office of Field Operations, U.S. Customs and
Border Protection, at 202-344-1581 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Purpose
A. Legal Authority
The Secretary of Homeland Security (Secretary) has broad authority
to administer and enforce the immigration and naturalization laws of
the United States. See section 103(a)(1) of the Immigration and
Nationality Act of 1952 (Pub. L. 82-414, 66 Stat. 163), as amended (8
U.S.C. 1103(a)(1)) (INA); see also 6 U.S.C. 202. The Secretary is
authorized to establish such regulations as he or she deems necessary
to carry out this authority under the immigration laws. See INA
103(a)(3) (8 U.S.C. 1103(a)(3)). Section 214(a)(1) of the INA
authorizes the Secretary to prescribe regulations specifying the period
of admission, as well as any conditions, for the admission of
nonimmigrants to the United States.\1\ 8 U.S.C. 1184(a)(1).
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\1\ See also sections 402, 1512, and 1517 of the Homeland
Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2142, 2187), as
amended (6 U.S.C. 202, 552, and 557) (regarding transfer of
authority to enforce immigration laws and prescribe regulations
necessary to carry out that authority from the Attorney General to
the Secretary.
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The Secretary has authorized the Commissioner of U.S. Customs and
Border Protection (CBP) to enforce and administer the immigration laws
relating to the inspection and admission of people seeking admission to
the United States, including the authority to make admissibility
determinations and set the duration, terms, and conditions of
admission. See Delegation Order 7010.3, II.B.5 (Revision No. 03.1)
(Sept. 25, 2019). U.S. Citizenship and Immigration Services (USCIS) is
authorized to consider applications for a change of nonimmigrant status
under section 248 of the INA, 8 U.S.C. 1258, including establishing the
authorized period of stay in the new nonimmigrant status. See 6 U.S.C.
271(b); 8 CFR part 248. USCIS also is authorized to consider
applications for an extension of stay in nonimmigrant status. See 6
U.S.C. 271(b); 8 CFR 214.1(c).
Section 101(a)(15)(I) of the INA establishes the I nonimmigrant
classification for aliens wishing to visit the United States
temporarily as representatives of foreign information media. In order
to qualify as a nonimmigrant under the I classification, an alien must
be a bona fide representative of foreign press, radio, film or other
foreign information media having its home office in a foreign country,
and must be seeking to enter the United States solely to engage in such
employment. See INA 101(a)(15)(I) (8 U.S.C. 1101(a)(15)(I)). In
addition, the statute expressly requires that such a visa or status be
provided ``upon a basis of reciprocity.'' Id.; see also INA 214(a)(1)
(providing that the admission of nonimmigrants to the United States
``shall be for such time and under such conditions as the [Secretary]
may by regulations prescribe'') (8 U.S.C. 1184(a)(1)).
B. Current Admission Process for I Visa Holders
Foreign nationals visiting the United States temporarily as
representatives of information media must possess a nonimmigrant I visa
for admission. INA 101(a)(15)(I), 212(a)(7)(B)(i)(II) (8 U.S.C.
1101(a)(15)(I), 1182(a)(7)(B)(i)(II)). In order to obtain an I visa,
foreign travelers must generally apply for a visa with the U.S.
Department of State and obtain the visa prior to traveling to the
United States. Id.; see also INA 221-222, 273(a) (8 U.S.C. 1201-1202,
1323(a)); 22 CFR 41.52, 41.101-41.122. An I visa holder seeking entry
into the United States must appear at a port of entry and establish, to
the satisfaction of the CBP officer, that he or she is admissible as an
I nonimmigrant. See INA 235(a), (b)(2)(A), and 291 (8 U.S.C. 1225(a),
(b)(2)(A), and 1361)); 8 CFR 212.1, 235.1(f)(1); see also INA 221(h)
(providing that issuance of a visa does not entitle the visa holder to
admission to the United States). The alien must also be otherwise
admissible and not subject to other grounds of inadmissibility. See
generally INA 212(a) (8 U.S.C. 1182(a)). The CBP officer will inspect
the traveler, including reviewing his or her travel documents,
collecting his or her biometric data (i.e., fingerprints and
photograph), interviewing the traveler and, if applicable, collect any
applicable forms or fees. INA 235(a) (8 U.S.C. 1225(a)); 8 CFR 235.1(f)
and (h).
The period of time the traveler is authorized to remain in the
United States is referred to as the period of admission or the period
of stay. Unless otherwise exempted, each arriving nonimmigrant who is
admitted to the
[[Page 27646]]
United States will be issued a Form I-94 as evidence of the terms of
admission. See 8 CFR 1.4 and 235.1(h).\2\
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\2\ The term issuance includes the creation of an electronic
record of admission, or arrival/departure by DHS following an
inspection performed by an immigration officer. See 8 CFR 1.4. In
the case of air or sea arrivals, CBP issues the Form I-94
electronically. The traveler may retrieve it through the internet at
http://www.cbp.gov/I-94. CBP currently issues a paper Form I-94 to
travelers arriving at land border ports of entry.
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C. Current Period of Admission and Extensions of Stay for I Visa
Holders
The Immigration and Nationality Act of 1952 established the I visa
category as ``a new class of nonimmigrants and is designed to
facilitate, on a basis of reciprocity, the exchange of information
among nations. It is intended that the class is to be limited to aliens
who are accredited as members of the press, radio, film or other
information media by their employer.'' S. Rep. No. 82-1137 at 21
(1952); H.R. Rep. No. 1365 at 45 (1952).
The current DHS regulation at 8 CFR 214.2(i), promulgated in 1985,
see Nonimmigrant Classes; Admission Period and Extensions of Stay, 50
FR 42006-01 (Oct. 17, 1985), specifies that an alien ``may'' be
authorized admission for the duration of his or her employment. DHS and
its predecessor the Immigration and Naturalization Service (INS) have
long interpreted the regulation to provide that I visa holders are
authorized admission for the duration of status, rather than for a set
period of time. See generally Memorandum, INS Office of the General
Counsel, Genco Op. No. 94-23, 1994 WL 1753127, at *3 (May 9, 1994)
(``[R]epresentatives of information media are not currently restricted
by statutory language to any temporary period. The regulations
authorize their admission for `duration of status.' ''). Duration of
status refers to the period of time in which the alien continues to
meet the terms and conditions of their admission, including that they
remain employed with the same employer and use the same information
medium. 8 CFR 214.2(i). The regulation states that the admission
requires that the alien maintain the same information medium and
employer until ``he or she obtains permission'' to change either. Id.
While an interpretation of the regulation requiring admission for
the duration of status is reasonable, it would also be reasonable for
DHS to interpret the regulation to allow DHS, in its discretion, to
admit I visa holders for a set duration of time.\3\ The Department is
promulgating this final rule to enhance the notice provided to
prospective I visa holders presenting passports issued by the PRC, with
the exception of Hong Kong SAR and Macau SAR passport holders.
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\3\ In 1985, the INS promulgated a final rule changing the
admission period for I visa holders from one year to the current
standard, duration of status. See Nonimmigrant Classes; Admission
Period and Extensions of Stay, 50 FR 42006-01, 42008 (Oct. 17,
1985). The language used in the regulation was (and remains) ``an
alien . . . may be authorized admission for the duration of
employment.'' Id. (emphasis added). By contrast, the INS provided in
a 1978 rule that the ``[t]he period of admission of a[n F]
nonimmigrant student shall be for the duration of status in the
United States as a student if the information on his/her form 1-20
indicates that he/she will remain in the United States as a student
for more than 1 year, and if he/she agrees to keep his/her passport
valid at all times for at least 6 months.'' Admission of
Nonimmigrant Students for Duration of Status, 43 FR 54618, 54620
(Nov. 22, 1978) (emphasis added). The current I nonimmigrant status
regulation thus could reasonably be interpreted as allowing, but not
requiring, the admission of I visa holders for the duration of
status. See, e.g., Kingdomware Techs., Inc. v. United States, 136 S.
Ct. 1969, 1977 (2016) (``Unlike the word `may,' which implies
discretion, the word `shall' usually connotes a requirement.'').
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D. Purpose and Summary
The INA generally authorizes the admission of a foreign information
media representative in I nonimmigrant status if the alien is
admissible and meets the requirements described in section
101(a)(15)(I) of the INA. Among those requirements is that I visas be
provided ``upon a basis of reciprocity.'' The United States has for
decades permitted individuals who are representatives of foreign
information media outlets to remain in the United States for the
entirety of the period that the individual is engaged in that activity.
Based on the treatment by the PRC of foreign journalists, including
U.S. citizens, DHS has determined that the PRC is not treating
journalists in a manner that admitting I visa holders for the duration
of status is sufficiently reciprocal to the treatment accorded by the
PRC to U.S. journalists or in alignment with U.S. foreign policy.
Information received from the Department of State, as well as open
source information, demonstrates a suppression of independent
journalism in the PRC, including an increasing lack of transparency and
consistency in the admission periods granted to foreign journalists,
including U.S. journalists. According to the Foreign Correspondents'
Club of China (FCCC) Report on Media Freedoms in 2019, the PRC has
forced out nine foreign journalists since 2013, either through
expulsion or by non-renewal of visas; three Wall Street Journal
reporters were expelled from China following an opinion piece
criticizing the country's response to the Coronavirus (or COVID-19)
pandemic.
Not long after the expulsion of the three Wall Street Journal
reporters, the PRC announced additional restrictions, including more
expulsions, of U.S. journalists in the PRC. On March 18, 2020, the
PRC's Ministry of Public Affairs announced ``that journalists of US
citizenship working with the New York Times, the Wall Street Journal
and the Washington Post whose press credentials are due to expire
before the end of 2020 notify the Department of Information of the
Ministry of Foreign Affairs within four calendar days starting from
today and hand back their press cards within ten calendar days.'' \4\
In that same announcement, the PRC demanded that the China-based
branches of several media outlets must report information about their
staffs, finances, operations, and real estate in the PRC.\5\
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\4\ See remarks by the Ministry of Foreign Affairs of the
People's Republic of China: https://www.fmprc.gov.cn/mfa_eng/xwfw_665399/s2510_665401/t1757162.shtml (Mar. 18, 2020).
\5\ Id.
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Although the PRC government tried to paint these actions as
``reciprocal'' and ``in response to the discriminatory'' measures
placed on U.S.-based Chinese Communist Party-controlled news outlets by
the U.S. Government,\6\ the open-source information outlined in this
rule including the FCCC report demonstrates that the PRC government's
actions are not merely ``reciprocal'' as it claims, but instead an
escalation of hostile measures targeting a free press within its
borders.
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\6\ Id.
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Alarmingly, foreign reporters who have been expelled tend to be
reporters who have reported on topics that are critically important to
an international audience: The Chinese Communist Party's indoctrination
camps and the use of forced labor to produce export products for U.S.
consumers; high-level corruption; and the manner in which wealth and
power are employed by top leaders, sometimes against the interests of
American business. For example, in 2018, the PRC effectively expelled
Megha Rajagopalan, Buzzfeed News' China bureau chief, by refusing to
renew her visa. Ms. Rajagopalan had extensively reported on
surveillance and mass incarceration of minorities in the Xinjiang
region of northwest China.
The FCCC's Report on Media Freedoms in 2019 further reveals that
foreign journalists are receiving severely shortened visa admission
periods and reporting credentials, one for just two and a half months.
Moreover, the FCCC Report indicates that foreign journalists
[[Page 27647]]
applying for visa renewals face numerous challenges, with a record
number of at least 12 correspondents receiving visas of six months or
less. Indeed, 25 percent of FCCC survey respondents reported they
received visas of less than 12 months, the typical duration of PRC-
issued credentials. One European-based reporter interviewed for the
Report described their experience as follows: ``I've been given press
cards of seriously curtailed validity, one 6-month and two 3-month
cards. And the renewals have been long, drawn out affairs, often taking
four weeks or more.''
The Department is therefore issuing this rule to address the
actions of the PRC government and to enhance reciprocity in the
treatment of U.S. journalists in the PRC. Foreign nationals who present
a passport issued by the PRC, with the exception of Hong Kong Special
SAR and Macau SAR passport holders, may no longer be admitted for an
indefinite period. This approach taken by the Department--admitting
foreign nationals who present certain PRC passports for up to a 90-day
period with the ability to apply for extensions of status--more
appropriately aligns with U.S. foreign policy and the principle of
reciprocity set forth in the INA. [The PRC typically issues a three-
month, single entry visa to foreign journalists, including to U.S.
citizens. Despite this three-month visa, the PRC expects employed
individuals to apply for a residency permit within 30 days of entering
the PRC. The individuals, including U.S. citizens, must go to the local
Entry Exit Bureau office in order to apply for a residency permit. The
residency permit allows the individual to live and work in the PRC, and
to enter and exit regularly. Although residency permits had typically
been issued by the PRC in one-year increments, based on information
provided by the U.S. Department of State, the PRC is increasingly
issuing U.S. citizen journalists residency permits of less than one
year.
Accordingly, this rule addresses the actions of the PRC government
and creates a greater degree of reciprocity with the treatment the PRC
accords foreign journalists, including U.S. citizens, who are
increasingly receiving shorter and shorter durations of stay, as well
as increasing uncertainty during the visa renewal process. This rule
requires foreign nationals who present a passport issued by the PRC,
with the exception of Hong Kong SAR and Macau SAR passport holders with
I nonimmigrant status to depart on or before a specified date, thus
decreasing the opportunity for them to remain for a period greater than
that provided to journalists from the United States presently in the
PRC.
The rule does not contain any substantive changes to the admission
or duration of status period of stay provisions currently applicable to
I visa holders coming to the United States from any country other than
the PRC.
Aliens with I nonimmigrant status who entered using a passport
issued by the PRC (that is not a Hong Kong SAR passport or a Macau SAR
passport), who are properly maintaining their status and are present in
the United States on May 8, 2020 will have their status, and employment
incident to such status, automatically extended for a period necessary
to complete their authorized activity, not to exceed 90 days from May
8, 2020. Subsequently, they may apply for extensions of stay. An alien
subject to this rule who timely files an application for an extension
of stay, is authorized to stay in the United States and continue
employment with the same employer for a period not to exceed 90 days
beginning on the date of the expiration of the authorized period of
stay. However, if USCIS adjudicates the application prior to the
expiration of the 90-day period, and denies the application for an
extension of stay, the alien is required to immediately depart the
United States. In determining this transition procedure, DHS considered
the reliance interests of these nonimmigrants who had chosen to
temporarily come to the United States, and does not believe the changes
will significantly affect these interests. DHS is not changing the
fundamental requirements to qualify for this nonimmigrant status,
rather it is only changing the length of time and including a
requirement to apply for an extension of stay. A fixed date of
admission simply places these nonimmigrants in the same position as
most other nonimmigrants who are temporarily in the United States.\7\
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\7\ Accordingly, the ``retroactive'' effect, if any, is
secondary (upsetting expectations by changing future legal effects
of past actions, i.e., admission in I nonimmigrant status) rather
than primary (changing the past legal effect of the past action).
See, e.g., Nat'l Cable & Telecomms. Ass'n v. FCC, 567 F.3d 659, 670
(D.C. Cir. 2009) (``Here the Commission . . . has not rendered past
actions illegal or otherwise sanctionable. It is often the case that
a business [or individual] will undertake a certain course of
conduct based on the current law, and will then find its
expectations frustrated when the law changes. Such expectations,
however legitimate, cannot furnish a sufficient basis for
identifying impermissibly retroactive rules.'' (citation and
quotation marks omitted)).
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A second option that DHS considered was to allow I visa holders
already admitted to the United States on the date of enactment of this
rule who entered on passports issued by the PRC, with the exception of
those who entered on a Hong Kong SAR passport or a Macau SAR passport,
to keep their duration of status admission until they departed the
United States. However, the Department rejected that alternative
because it would undermine the goals of this rulemaking initiative,
especially the goal of enhancing reciprocity and addressing the actions
of the PRC Government as described above.
II. Discussion of Regulatory Changes
In order to effect the changes described above, DHS amends 8 CFR
214.2(i). As currently interpreted, 8 CFR 214.2(i) provides that I visa
holders may be admitted for the duration of employment in the United
States. The Department is revising 8 CFR 214.2(i) to provide that DHS
will continue to admit all I nonimmigrants, except foreign nationals
who present a passport issued by the PRC, with the exception of Hong
Kong SAR and Macau SAR passport holders, for the duration of status.
The period of admission in I nonimmigrant status for such PRC nationals
is revised so that the maximum initial admission period is 90 days.
Such I visa holders can request extensions, each for a maximum duration
of 90 days.
III. Statutory and Regulatory Review
A. Administrative Procedure Act
The Administrative Procedure Act (``APA'') generally requires
agencies to publish notice of a proposed rulemaking in the Federal
Register for a period of public comment and to delay the effective date
of the final rule. However, rules that involve a foreign affairs
function of the United States are excluded from the rulemaking
provisions of the APA. See 5 U.S.C. 553(a)(1). For the reasons
discussed below, this rule involves a foreign affairs function of the
United States. The Department, after consultation with DOS, in direct
and measured response to the actions of the PRC government, is adopting
this rule to limit the duration of admission for media representatives
from the PRC with the exception of Hong Kong SAR or Macau SAR passport
holders.
In order to obtain and be admitted to the United States with an I
visa, a representative of foreign information media must be a national
of a country whose government grants similar privileges to
representatives of media from the United States. See 8 U.S.C.
1101(a)(15)(I) (providing that I nonimmigrant visas may be issued
``upon a basis of reciprocity''). One such government is the PRC.
Recently, the
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PRC revoked the press credentials and expelled three reporters from the
United States based in Beijing.\8\ Such an act demonstrates that the
PRC is no longer willing to grant similar privileges to United States
media representatives as those granted to members of the Chinese media
in the United States. This rule encompasses diplomatic relations with
the PRC regarding the authorized terms and conditions of admission of
representatives of radio, film or other information media as they
perform such functions abroad. The U.S. Court of Appeals for the Second
Circuit, in City of New York v. Permanent Mission of India to United
Nations, made clear that regulation of the reciprocal treatment to be
afforded to representatives of foreign nations in the United States
``relates directly to, and has clear consequences for, foreign
affairs.'' 618 F.3d 172, 201 (2d Cir. 2010).
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\8\ China Expels Three Wall Street Journal Reporters, Wall
Street Journal, Feb. 19, 2020, available at https://www.wsj.com/articles/china-expels-three-wall-street-journal-reporters-11582100355.
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Any diplomatic negotiations between the United States and the PRC
as to the reciprocal treatment of foreign media representatives will be
more effective in ensuring full and fair access for U.S. journalists
and less disruptive to long-term relations the sooner this final rule
is in place. Rajah v. Mukasey, 544 F.3d 427, 438 (2d Cir. 2008)
(finding that the notice and comment process can be ``slow and
cumbersome,'' which can negatively impact efforts to secure U.S.
national interests, thereby justifying application of the foreign
affairs exemption). Furthermore, notice and comment procedures prior to
the effective date of this rule would disrupt the Executive Branch's
foreign policy with respect to the PRC and erode the sovereign
authority of the United States to pursue the strategy it deems to be
most appropriate as it engages with foreign nations. See Am. Ass'n of
Exps. & Imps.-Textile & Apparel Grp. v. United States, 751 F.2d 1239,
1249 (Fed. Cir. 1985) (noting that the foreign affairs exception covers
agency actions ``linked intimately with the Government's overall
political agenda concerning relations with another country'').
B. Executive Orders 12866, 13563 and 13771
Executive Orders 13563 and 12866 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. Executive Order 13771 directs agencies to reduce
regulation and control regulatory costs, and provides that ``for every
one new regulation issued, at least two prior regulations be identified
for elimination, and that the cost of planned regulations be prudently
managed and controlled through a budgeting process.'' \9\
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\9\ See 82 FR 9339 (Feb. 3, 2017).
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Rules involving the foreign affairs function of the United States
are exempt from the requirements of Executive Order 13563, 12866, and
13771. This final rule advances the President's foreign policy goals,
as they impact a specific bilateral relationship. The Office of
Information and Regulatory Affairs has concurred that this rulemaking
falls under the foreign affairs function of Executive Order 12866. As
this rule is thus not a significant regulatory action under E.O. 12866,
it is not subject to E.O. 13771. Nevertheless, CBP has reviewed this
rule to ensure its consistency with the regulatory philosophy and
principles set forth in Executive Orders 13563, 12866, and 13771.
In 2019, 561 I visas were issued to PRC nationals. For purposes of
this analysis, DHS projects the number of I visa visitors from PRC to
remain the same as in 2019, only for the period necessary to accomplish
the authorized purpose of their stay in the United States, not to
exceed 90 days with the possibility of applying for extensions of stay.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996,
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 a rule. Since a
notice of proposed rulemaking is not necessary for this rule, CBP is
not required to prepare a regulatory flexibility analysis for this
rule.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA),
enacted as Public Law 104-4 on March 22, 1995, requires each Federal
agency, to the extent permitted by law, to prepare a written assessment
of the effects of any Federal mandate in a proposed or final agency
rule that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation) in any one year.
See 2 U.S.C. 1532(a). This rule will not result expenditure by state,
local, and tribal governments, in the aggregate, or by the private
section, of $100 million or more in any one year. Therefore, no actions
were deemed necessary under the provisions of the Unfunded Mandates
Reform Act of 1995.
E. Paperwork Reduction Act
Under the Paperwork Reduction Act of 1995, Public Law 104-13, 109
Stat. 163 (1995) (PRA), all Departments are required to submit to OMB,
for review and approval, any reporting or recordkeeping requirements
inherent in a rule. DHS, USCIS, and CBP are revising one information
collection related to this rulemaking action, increasing the number of
respondents impacted by this collection of information due to the
requirements set forth by the rulemaking. The agency is requesting
approval separate from this rulemaking for the collection to be revised
following the emergency processing provisions of 5 CFR 1320.13 so this
collection can be immediately available when the rule goes into effect.
The information below is provided solely for informational purposes.
The agency will undergo notice and comment on this.
I-539 and I-539A
Overview of Information Collection
(1) Type of Information Collection: Revision of a Currently
Approved Collection.
(2) Title of the Form/Collection: Application to Extend/Change
Nonimmigrant Status.
(3) Agency form number, if any, and the applicable component of the
DHS sponsoring the collection: I-539 and I-539A; USCIS.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: Primary: Individuals or households. This form
will be used for nonimmigrants to apply for an extension of stay, for a
change to another nonimmigrant classification, or for obtaining I
nonimmigrant classification.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to
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respond: The estimated total number of respondents for the information
collection Form I-539 (paper) is 175,860 and the estimated hour burden
per response is 2.00 hours; the estimated total number of respondents
for the information collection Form I-539 (e-file) is 75,369 and the
estimated hour burden per response is 1.08 hours; the estimated total
number of respondents for the information collection I-539A is 54,865
and the estimated hour burden per response is .50 hours; the estimated
total number of respondents for biometrics processing is 376,496 and
the estimated hour burden per response is 1.17 hours.
(6) An estimate of the total public burden (in hours) associated
with the collection: The total estimated annual hour burden associated
with this collection of information in hours is 901,051.
(7) An estimate of the total public burden (in cost) associated
with the collection: The estimated total annual cost burden associated
with this collection of information is $56,627,017.
F. Congressional Review Act
Under the Congressional Review Act, a rule that is likely to result
in an annual effect on the U.S. economy of $100,000,000 or more is
considered a major rule. See 5 U.S.C. 804. Generally, the effective
date of a major rule must be the later of these two dates: 60 days
after publication in the Federal Register, or 60 days after delivery of
the report to Congress. See 5 U.S.C. 801(a)(3). The Office of
Information and Regulatory Affairs has concluded that this rule is not
likely to result in an annual effect on the U.S. economy of
$100,000,000 or more. Therefore, it does not meet the criteria for a
major rule.
G. Signature
The Acting Secretary of Homeland Security, Chad F. Wolf, having
reviewed and approved this document, is delegating the authority to
electronically sign this document to Chad R. Mizelle, who is the Senior
Official Performing the Duties of the General Counsel for DHS, for
purposes of publication in the Federal Register.
List of Subjects in 8 CFR Part 214
Administrative practice and procedure, Aliens.
Regulatory Amendments
For the reasons stated in the preamble, we are amending 8 CFR part
214 as follows:
PART 214--NONIMMIGRANT CLASSES
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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, 1356, and 1372;
section 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.
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2. Amend Sec. 214.2 by revising paragraph (i) to read as follows:
Sec. 214.2 Special requirements for admission, extension, and
maintenance of status.
* * * * *
(i) Representatives of information media--(1) In general. The
admission of an alien of the class defined in section 101(a)(15)(I) of
the Act constitutes an agreement by the alien not to change the
information medium or his or her employer until he or she obtains
permission to do so from the district director having jurisdiction over
his or her residence. An alien classified as an information media
nonimmigrant (I) may be admitted in or otherwise granted I nonimmigrant
status for:
(i) The duration of employment, except as provided in paragraph
(i)(1)(ii) of this section; or
(ii) In the case of an alien who presents a passport issued by the
People's Republic of China (other than a Hong Kong Special
Administrative Region passport or a Macau Special Administrative Region
passport), until the activities or assignments consistent with the I
classification are completed, not to exceed 90 days.
(2) Extension of stay. An alien in I status who is described in
paragraph (i)(1)(ii) of this section may be eligible for extensions of
stay, each of up to 90 days or until the activities or assignments
consistent with the I classification are completed (whichever date is
earlier).
(i) Notwithstanding 8 CFR 274a.12(b)(20), an alien in I status who
is described in paragraph (i)(1)(ii) of this section whose status has
expired, but who timely filed an application for an extension of stay,
is authorized to stay in the United States and continue employment with
the same employer for a period not to exceed 90 days beginning on the
date of the expiration of the authorized period of stay. However, if
USCIS adjudicates the application prior to the expiration of the 90-day
period, and denies the application for an extension of stay, the alien
must immediately depart the United States.
(ii) To request an extension of stay, an alien in I status must
file an application to extend his or her stay by submitting the form
designated by USCIS, in accordance with that form's instructions, and
with the required fee, including any biometrics required by 8 CFR
103.16, as appropriate.
(3) Change of status. An alien seeking to change from a different
nonimmigrant status to, if eligible, an I status described in paragraph
(i)(1)(ii) of this section, may be granted a period of stay until the
activities or assignments consistent with the I classification are
completed, not to exceed 90 days. To request a change from a different
nonimmigrant status to an I status described in paragraph (i)(1)(ii),
an alien must file an application to change his or her status by
submitting the form designated by USCIS, in accordance with that form's
instructions, and with the required fee, including any biometrics
required by 8 CFR 103.16, as appropriate.
(4) Transition from duration of status admission to a fixed
admission period for aliens with I status who had presented a passport
issued by the People's Republic of China (that is not a Hong Kong
Special Administrative Region passport or a Macau Special
Administrative Region passport) at the time of admission and are
present in the U.S. on May 8, 2020. An alien in I status who is
described in paragraph (i)(1)(ii) of this section who is properly
maintaining his or her nonimmigrant status under the class defined in
section 101(a)(15)(I) of the Act and is present in the United States on
May 8, 2020 is authorized to remain in the United States in I status
for a period necessary to complete the activity, not to exceed 90 days
from May 8, 2020. Subsequently, the alien may apply for extensions of
stay pursuant to, and subject to the conditions and limitations set
forth in paragraph (i)(2) of this section.
* * * * *
Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S.
Department of Homeland Security.
[FR Doc. 2020-10090 Filed 5-8-20; 8:45 am]
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