8 CFR Part 214 - NONIMMIGRANT CLASSES | Title 8 - Aliens and Nationality | Code of Federal Regulations

§ 214.1 — Requirements for admission, extension, and maintenance of status.
§ 214.2 — Special requirements for admission, extension, and maintenance of status.
§ 214.3 — Approval of schools for enrollment of F and M nonimmigrants.
§ 214.4 — Denial of certification, denial of recertification or withdrawal of SEVP certification.
§ 214.5 — Libyan and third country nationals acting on behalf of Libyan entities.
§ 214.6 — Citizens of Canada or Mexico seeking temporary entry under NAFTA to engage in business activities at a professional level.
§ 214.7 — Habitual residence in the territories and possessions of the United States and consequences thereof.
§§ 214.8-214.10 — [Reserved]
§ 214.11 — Alien victims of severe forms of trafficking in persons.
§ 214.12 — Preliminary enrollment of schools in the Student and Exchange Visitor Information System (SEVIS).
§ 214.13 — SEVIS fee for certain F, J, and M nonimmigrants.
§ 214.14 — Alien victims of certain qualifying criminal activity.
§ 214.15 — Certain spouses and children of lawful permanent residents.

Authority:

8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; Public Law 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.

Title 8 published on 2013-01-01

The following are only the Rules published in the Federal Register after the published date of Title 8.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013

78 FR 24047 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-09723
RIN	1615-AC02
CIS No.	2536-13

DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration

Interim final rule; request for comments.

This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013.

8 CFR Part 214

Summary

The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.

2013-03-27; vol. 78 # 59 - Wednesday, March 27, 2013

78 FR 18457 - Definition of Form I-94 To Include Electronic Format

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-06974
RIN	1651-AA96
	USCBP-2013-0011
CBP Dec. No.	13-06

DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS

Interim final rule.

Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013.

8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286

Summary

The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 8 - ALIENS AND NATIONALITY

§ 1101 - Definitions

§ 1102 - Diplomatic and semidiplomatic immunities

§ 1103 - Powers and duties of the Secretary, the Under Secretary, and the Attorney General

§ 1182 - Inadmissible aliens

§ 1184 - Admission of nonimmigrants

§ 1186a - Conditional permanent resident status for certain alien spouses and sons and daughters

§ 1187 - Visa waiver program for certain visitors

§ 1221 - Lists of alien and citizen passengers arriving and departing

§ 1281 - Alien crewmen

§ 1282 - Conditional permits to land temporarily

§ 1301 - Alien seeking entry; contents

§ 1302 - Registration of aliens

§ 1303 - Registration of special groups

§ 1304 - Forms for registration and fingerprinting

§ 1305 - Notices of change of address

§ 1372 - Program to collect information relating to nonimmigrant foreign students and other exchange program participants

USC : Title 48 - TERRITORIES AND INSULAR POSSESSIONS

§ 1901 note - Approval of Compact of Free Association

§ 1931 note - Approval of Compact of Free Association

Statutes at Large

110 Stat. 3009-708

114 Stat. 1477

Public Laws

110-229

Title 8 published on 2013-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 8 CFR 214 after this date.

2013-04-24; vol. 78 # 79 - Wednesday, April 24, 2013

78 FR 24047 - Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-09723
RIN	1615-AC02
CIS No.	2536-13

DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration

Interim final rule; request for comments.

This interim final rule is effective April 24, 2013. Interested persons are invited to submit written comments on this interim final rule on or before June 10, 2013.

8 CFR Part 214

Summary

The Department of Homeland Security (DHS) and the Department of Labor (DOL) (jointly referred to as the Departments) are amending regulations governing certification for the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment. This interim final rule revises how DOL provides the consultation that DHS has determined is necessary to adjudicate H-2B petitions by revising the methodology by which DOL calculates the prevailing wages to be paid to H-2B workers and U.S. workers recruited in connection with the application for certification; the prevailing wage is then used in petitioning DHS to employ nonimmigrant workers in H-2B status. DOL and DHS are jointly issuing this rule in response to the court's order in Comité de Apoyo a los Trabajadores Agricolas v. Solis, which vacated portions of DOL's current prevailing wage rate regulation, and to ensure that there is no question that the rule is in effect nationwide in light of other outstanding litigation. This rule also contains certain revisions to DHS's H-2B rule to clarify that DHS is the Executive Branch agency charged with making determinations regarding eligibility for H-2B classification, after consulting with DOL for its advice about matters with which DOL has expertise, particularly, in this case, questions about the methodology for setting the prevailing wage in the H-2B program.

2013-03-27; vol. 78 # 59 - Wednesday, March 27, 2013

78 FR 18457 - Definition of Form I-94 To Include Electronic Format

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2013-06974
RIN	1651-AA96
	USCBP-2013-0011
CBP Dec. No.	13-06

DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS

Interim final rule.

Effective date: This interim rule is effective April 26, 2013. In the event that CBP receives public comment that identifies a credible basis for the Agency to conclude that automation of the form I-94 should be delayed, CBP retains discretion to extend implementation for an additional thirty days. If CBP concludes that such extension is appropriate, the Agency will post the new implementation date on its Web site, www.cbp.gov, no later than April 29, 2013. Comment date: Written comments must be submitted on or before April 26, 2013.

8 CFR Parts 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286

Summary

The Form I-94 is issued by the Department of Homeland Security (DHS) to certain aliens and is used for various purposes such as documenting status in the United States, the approved length of stay, and departure. DHS generally issues the Form I-94 to aliens at the time they lawfully enter the United States. This rule adds a new definition of the term “Form I-94” that includes the collection of arrival/departure and admission or parole information by DHS, whether in paper or electronic format. The definition also clarifies various terms that are associated with the use of the Form I-94 to accommodate an electronic version of the Form I-94. This rule also adds a valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport to the list of documents designated as evidence of alien registration. These revisions to the regulations will enable DHS to transition to an automated process whereby DHS will create a Form I-94 in an electronic format based on passenger, passport and visa information DHS currently obtains electronically from air and sea carriers and the Department of State as well as through the inspection process.

8 CFR Part 214 - NONIMMIGRANT CLASSES

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