Federal Register, Volume 78 Issue 74 (Wednesday, April 17, 2013)

[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22770-22771]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08985]



8 CFR Parts 103 and 208

[CIS No. 2481-09; DHS Docket No. USCIS-2009-0022]
RIN 1615-AB83

Immigration Benefits Business Transformation, Increment I;

AGENCY: U.S. Citizenship and Immigration Services, Department of
Homeland Security.

ACTION: Correcting amendment.


SUMMARY: On August 29, 2011, the Department of Homeland Security (DHS)
published a final rule to amend DHS regulations to enable U.S.
Citizenship and Immigration Services (USCIS) to transform its business
processes. In this notice, we are correcting three technical errors.

DATES: The effective date of this correcting amendment is April 17,

Transformation Coordination, U.S. Citizenship and Immigration Services,
Department of Homeland Security, 633 Third St. NW., Washington, DC
20529-2210; telephone (202) 233-2515.



On August 29, 2011, DHS issued a final rule titled, Immigration
Benefits Business Transformation, Increment I, which amended more than
fifty parts of title 8 of the Code of Federal Regulations and finalized
seven interim rules. 76 FR 53764 (Aug. 29, 2011). The final rule
removed form titles, number references, and position titles. It also
removed obsolete and expired regulatory provisions and corrected
provisions that were affected by statutory changes.\1\

\1\ In addition, before the rule took effect, DHS reviewed the
public comments in the docket of this final rule and corrected
several errors and omissions in a correction that was effective on
the same date as the rule. 73 FR 73475 (Nov. 29, 2011) (effective
Nov. 28, 2011).

Need for correction

DHS amended 8 CFR in the final rule, wherever possible, to:
1. Remove references to official position titles used within DHS or
used in the past by the former Immigration and Naturalization Service
(INS). These titles include director, district director, and
commissioner, as well as position descriptions, such as examiner or
adjudicator. 76 FR 53764, 53767.
2. Replace references to the terms ``application'' and ``petition''
with the newly defined term ``benefit request.'' Id.
3. Remove information about internal processing, administrative
filing requirements, filing locations, and procedures. Id.
DHS inadvertently neglected to revise the language in 8 CFR
103.2(b)(18) to reflect these changes. DHS is correcting that oversight
by replacing individual job titles with ``USCIS'' in 8 CFR
103.2(b)(18). Delegations of authority to fulfill various
responsibilities with respect to benefits requests are set forth in
internal USCIS guidance. In addition, this correcting amendment
replaces, ``application or petition'' with ``benefit request.''
In addition, the August 2011 final rule amended the definition of
``Service'' to mean, ``U.S. Citizenship and

[[Page 22771]]

Immigration Services, U.S. Customs and Border Protection, and/or U.S.
Immigration and Customs Enforcement, as appropriate in the context in
which the term appears.'' 76 FR 53764, 53780. Where a section of the
regulations was determined to pertain to an action that may have been
taken by INS, or a function that is within the purview of or shared
with another component, the term ``the Service'' was retained or
inserted. Id.
DHS made one erroneous amendment in the August 2011 final rule with
regard to the use of ``USCIS'' in lieu of ``the Service.'' In 8 CFR
part 208, the term ``the Service'' was revised to read ``USCIS,''
including in 8 CFR 208.24(f), which deals with the termination of
asylum or withholding of deportation or removal by an Immigration Judge
or the Board of Immigration Appeals. Termination of asylum is an
authority shared between the Department of Justice and USCIS, but USCIS
has no role in removal proceedings beyond the issuance of a notice to
appear in accordance with 8 CFR 208.24(e) and (g). The current,
recently-amended regulatory language incorrectly provides, however,
that USCIS has the responsibility in removal proceedings to establish
grounds of termination, whereas that is the responsibility of U.S.
Immigration and Customs Enforcement. Therefore, this notice corrects
that error by removing one incorrect reference to ``USCIS'' in 8 CFR
208.24(f) and replacing it with ``the Service.''

List of Subjects

8 CFR Part 103

Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Immigration, Privacy,
Reporting and recordkeeping requirements, Surety bonds.

8 CFR Part 208

Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.


Accordingly, for the reasons set out in the preamble, chapter I of
title 8 of the Code of Federal Regulations is corrected by making the
following correcting amendments:


1. 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, 1365b; 31 U.S.C. 9701; Pub. L. 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.

2. Section 103.2 is amended by revising paragraph (b)(18) to read as

Subpart A--Applying for Benefits, Surety Bonds, Fees

Sec. 103.2 Submission and adjudication of benefit requests.

* * * * *
(b) * * *
(18) Withholding adjudication. USCIS may authorize withholding
adjudication of a visa petition or other application if USCIS
determines that an investigation has been undertaken involving a matter
relating to eligibility or the exercise of discretion, where
applicable, in connection with the benefit request, and that the
disclosure of information to the applicant or petitioner in connection
with the adjudication of the benefit request would prejudice the
ongoing investigation. If an investigation has been undertaken and has
not been completed within one year of its inception, USCIS will review
the matter and determine whether adjudication of the benefit request
should be held in abeyance for six months or until the investigation is
completed, whichever comes sooner. If, after six months of USCIS's
determination, the investigation has not been completed, the matter
will be reviewed again by USCIS and, if it concludes that more time is
needed to complete the investigation, adjudication may be held in
abeyance for up to another six months. If the investigation is not
completed at the end of that time, USCIS may authorize that
adjudication be held in abeyance for another six months. Thereafter, if
USCIS determines it is necessary to continue to withhold adjudication
pending completion of the investigation, it will review that
determination every six months.
* * * * *


3. The authority citation for part 208 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title
VII of Pub. L. 110-229; 8 CFR part 2.

Subpart A--Asylum and Withholding of Removal

Sec. 208.24 [Corrected]

4. Section 208.24 is amended in paragraph (f), the second sentence, by
removing the term ``USCIS'' and adding in its place the term, ``the

Christina E. McDonald,
Associate General Counsel for Regulatory Affairs.
[FR Doc. 2013-08985 Filed 4-16-13; 8:45 am]