Interim Rule

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respectively. These prices provide a
range within which the 2008–09 season
average grower price could fall.
Dividing these average grower prices by
2,000 pounds per ton provides a price
per pound range of $0.46 to $0.48.
Multiplying these per-pound prices by
19.8 pounds (the weight of a 9-kilo
volume-fill container) yields a 2008–09
price range estimate of $9.11 to $9.50
per 9-kilo volume-fill container of
assessable kiwifruit.
To calculate the percentage of grower
revenue represented by the assessment
rate, the assessment rate of $0.035 per
9-kilo volume-fill container is divided
by the low and high estimates of the
price range. The estimated assessment
revenue for the 2008–09 fiscal year as a
percentage of total grower revenue
would thus likely range between 0.368
and 0.384 percent.
This action decreases the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers and may reduce
the burden on producers. In addition,
the Committee’s meeting was widely
publicized throughout the California
kiwifruit industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the October 14,
2008, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
Finally, interested persons are invited to
submit information on the regulatory
and informational impacts of this action
on small businesses.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large California
kiwifruit handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: http://www.ams.usda.gov/
AMSv1.0/ams.fetchTemplateData.do?
template=TemplateN&page=Marketing

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OrdersSmallBusinessGuide. Any
questions about the compliance guide
should be sent to Jay Guerber at the
previously mentioned address in the
FOR FURTHER INFORMATION CONTACT

section.
After consideration of all relevant
material presented, including the
Committee’s recommendation and other
available information, it is found that
this interim final rule, as hereinafter set
forth, will tend to effectuate the
declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) This rule should be in place
as soon as possible because the 2008–09
fiscal year began on August 1, 2008,
handlers began shipping kiwifruit in
mid-September, and the order requires
that the rate of assessment for each
fiscal period apply to all assessable
kiwifruit handled during the period; (2)
the Committee unanimously
recommended this change at a public
meeting and all interested parties had
an opportunity to provide input; (3) this
rule relaxes requirements currently in
effect and kiwifruit producers and
handlers are aware of this rule and need
no additional time to comply with the
relaxed requirements; and (4) this rule
provides a 60-day comment period and
any comments received will be
considered prior to finalization of this
rule.
List of Subjects in 7 CFR Part 920
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 920 is amended as
follows:

■

PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 920 continues to read as follows:

■

Authority: 7 U.S.C. 601–674.

2. Section 920.213 is revised to read
as follows:

■

§ 920.213

Assessment rate.

On and after August 1, 2008, an
assessment rate of $0.035 per 9-kilo
volume-fill container or equivalent of
kiwifruit is established for kiwifruit
grown in California.

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Dated: December 8, 2008.
James E. Link,
Administrator, Agricultural Marketing
Service.
[FR Doc. E8–29573 Filed 12–10–08; 4:15 pm]
BILLING CODE 3410–02–P

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103, 212, 214, 245 and 299
[CIS No. 2134–01; DHS Docket No. USCIS–
2006–0067]
RIN 1615–AA60

Adjustment of Status to Lawful
Permanent Resident for Aliens in T or
U Nonimmigrant Status
AGENCY: U.S. Citizenship and
Immigration Services, DHS.
ACTION: Interim final rule with request
for comments.
SUMMARY: The Department of Homeland
Security is amending its regulations to
permit aliens in lawful T or U
nonimmigrant status to apply for
adjustment of status to lawful
permanent resident. T nonimmigrant
status is available to aliens who are
victims of a severe form of trafficking in
persons and who are assisting law
enforcement in the investigation or
prosecution of the acts of trafficking. U
nonimmigrant status is available to
aliens who are victims of certain crimes
and are being helpful to the
investigation or prosecution of those
crimes. This rule provides that family
members of a principal T or U
nonimmigrant granted or seeking
adjustment of status may also apply for
adjustment of status to lawful
permanent resident. This rule also
provides for adjustment of status or
approval of an immigrant petition for
certain family members of U applicants
who were never admitted to the United
States in U nonimmigrant status.
DATES: Effective date: This interim rule
is effective January 12, 2009.
Comment date: Written comments
must be submitted on or before February
10, 2009 in order to be assured of
consideration.
ADDRESSES: You may submit comments,
identified by DHS Docket No. USCIS–
2006–0067, by any 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

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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Rules and Regulations
of Homeland Security, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529. To ensure
proper handling, please reference DHS
Docket No. USCIS–2006–0067 on your
correspondence. This mailing address
may also 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., 3rd Floor,
Washington, DC 20529. Contact
Telephone Number (202) 272–8377.
FOR FURTHER INFORMATION CONTACT:
Laura Dawkins, Office of Policy and
Strategy, U.S. Citizenship and
Immigration Services, Department of
Homeland Security, 20 Massachusetts
Avenue, NW., Second Floor,
Washington, DC 20529, telephone (202)
272–8350.
SUPPLEMENTARY INFORMATION:

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I. Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of this rule.
Comments that will provide the most
assistance to U.S. Citizenship and
Immigration Services in developing
these procedures will refer to a specific
portion of the rule, suggest changes to
the regulation text, discuss the reason
for the recommended change, and
include data, information, or authority
that support the recommended change.
Instructions: All submissions received
should include the agency name and
Docket No. USCIS–2006–0067 for this
rulemaking. All comments received will
be posted without change to http://
www.regulations.gov, including e-mail
addresses and any other personal
information provided.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov. Submitted
comments may also be inspected at the
Regulatory Management Division, U.S.
Citizenship and Immigration Services,
Department of Homeland Security, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529 during normal
business hours by contacting the
information contact listed above.
II. Background and Legislative
Authority
This rule implements the Victims of
Trafficking and Violence Protection Act
of 2000 (VTVPA), Public Law No. 106–
386, 114 Stat. 1464 (Oct. 28, 2000), as
amended, to permit aliens in lawful T
or U nonimmigrant status to apply for
adjustment of status to lawful
permanent resident.

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Aliens who are victims of a severe
form of trafficking in persons and who
have complied with any reasonable
requests for assistance in the Federal,
State, or local investigation or
prosecution of acts of trafficking, or the
investigation of a crime where acts of
trafficking are at least one central reason
for the commission of that crime, may
be admitted to the United States under
a ‘‘T’’ nonimmigrant classification or ‘‘T
visa.’’ See Immigration and Nationality
Act of 1952, as amended (INA or Act),
sections 101(a)(15)(T) and 214(o), 8
U.S.C. 1101(a)(15)(T) and 1184(o). The
Department of Justice (DOJ), through the
former Immigration and Naturalization
Service (INS), published regulations
implementing the ‘‘T’’ nonimmigrant
provisions in 2002. 67 FR 4784 (Jan. 31,
2002). Those regulations became
effective on March 4, 2002.
Aliens who are victims of specified
criminal activity, including trafficking,
who assist government officials in
investigating or prosecuting those
crimes may be admitted to the United
States under a ‘‘U’’ nonimmigrant
classification or ‘‘U visa.’’ See INA
sections 101(a)(15)(U) and 214(p); 8
U.S.C. 1101(a)(15)(U) and 1184(p). DHS
published regulations implementing the
provisions creating the U nonimmigrant
classification on September 17, 2007. 72
FR 53014. The ‘‘U’’ regulations became
effective October 17, 2007.
This interim final rule implements the
provisions of the Act permitting T and
U nonimmigrant aliens to apply for an
adjustment status to that of lawful
permanent resident. See INA sections
245(l), (m); 8 U.S.C. 1255(l), (m). This
rule implements the eligibility and
application requirements for such aliens
to seek adjustment of status to lawful
permanent resident.
III. Aliens in T Nonimmigrant Status
Seeking Adjustment of Status Under
Section 245(l) of the Act
A. Eligibility Requirements for T
Nonimmigrants Seeking Adjustment of
Status
This rule promulgates a new 8 CFR
245.23 to list the eligibility
requirements for adjustment of status for
T–1 nonimmigrants and their family
members in lawful T–2, T–3, T–4, and
T–5 status under section 245(l) of the
Act, 8 U.S.C. 1255(l).
1. Admitted as a T Nonimmigrant
All applicants for adjustment of status
under section 245(l) of the Act must
have been lawfully admitted to the
United States as a T nonimmigrant and
must continue to hold such status at the

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time of application. New 8 CFR
245.23(a)(2); 245.23(b)(2).
2. Physical Presence for Requisite
Period
T–1 nonimmigrant applicants for
adjustment of status under section
245(l) of the Act must have been
physically present in the United States
for either: (1) A continuous period of at
least 3 years since the date of admission
as a T–1 nonimmigrant; or (2) a
continuous period during the
investigation or prosecution of the acts
of trafficking, provided that the
Attorney General has determined the
investigation or prosecution is
complete, whichever period is less. New
8 CFR 245.23(a)(3); see INA sec.
245(l)(1)(A); 8 U.S.C. 1255(l)(1)(A). With
respect to the requisite continuous
physical presence period, this rule
provides that an applicant’s date of
admission as a T–1 nonimmigrant is the
date that the applicant was first
admitted as a T–1 nonimmigrant. New
8 CFR 245.23(a)(3). For example, if the
applicant traveled outside the United
States after being admitted as a T–1
nonimmigrant and reentered using an
advance parole document issued under
8 CFR 245.2(a)(4)(ii)(B), the date that the
applicant was first admitted as a T–1
nonimmigrant will be the date of
admission used by USCIS for
determining whether the applicant has
satisfied the physical presence
requirement, regardless of how the
applicant’s Form I–94 ‘‘ArrivalDeparture Record’’ is annotated upon
his or her reentry (e.g., as ‘‘T
nonimmigrant’’ or ‘‘parolee’’). New 8
CFR 245.23(a)(3); 245.23(e)(2)(i).
However, this rule also provides that
an applicant who travels outside of the
United States for a single period in
excess of 90 days or 180 days in the
aggregate will not maintain the
continuous physical presence required
to establish eligibility for adjustment.
New 8 CFR 245.23(a)(3); see INA sec.
245(l)(3), 8 U.S.C. 1255(l)(3). Unlike for
U–1 nonimmigrants, the Act does not
permit T–1 nonimmigrants to exceed
the 90-day or 180-day limitation to
assist in an investigation or prosecution
or pursuant to an official certification
justifying the excessive absence.
Compare INA sec. 245(l)(3), 8 U.S.C.
1255(l)(3), with INA sec. 245(m)(2), 8
U.S.C. 1255(m)(2).
3. Admissible at Time of Adjustment
All applicants for adjustment of status
under section 245(l) of the Act must be
admissible to the United States under
the Act, or otherwise have been granted
a waiver by USCIS of any applicable
ground of inadmissibility, at the time of

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examination for adjustment. New 8 CFR
245.23(a)(4), 245.23(b)(4), 245.23(c)(2)
and (3); see INA sec. 245(l)(2), 8 U.S.C.
1255(l)(2); INA sec. 212(a), 8 U.S.C.
1182(a) (listing grounds of
inadmissibility and available waivers).
4. Good Moral Character
T–1 nonimmigrant applicants for
adjustment of status under section
245(l) of the Act must establish that they
have been persons of good moral
character since first being lawfully
admitted as a T–1 nonimmigrant and
until USCIS completes the adjudication
of their applications for adjustment of
status. New 8 CFR 245.23(a)(5); see INA
sec. 245(l)(1)(B), 8 U.S.C. 1255(l)(1)(B).
However, section 101(f) of the Act, 8
U.S.C. 1101(f), precludes establishment
of good moral character if, ‘‘during the
period for which good moral character
is required to be established,’’ an
applicant falls into certain enumerated
categories. The list of enumerated
categories, however, is not exclusive.
Section 101(f) of the Act also provides
that persons who do not fall within any
of the enumerated categories may also
be found to lack good moral character.
Section 101(f)(3) of the Act
specifically bars aliens who have
engaged in prostitution or
commercialized vice (described in
section 212(a)(2)(D) of the Act, 8 U.S.C.
1182(a)(2)(D)), from establishing good
moral character ‘‘during the period for
which good moral character is required
to be established.’’ Id. The period for
which good moral character must be
established under section 212(a)(2)(D) of
the Act is 10 years from the date of
application, but the period for which
good moral character must be
established under section 245(l) of the
Act is a continuous period of at least 3
years since the date of admission or
during the period of investigation or
prosecution of the acts of trafficking,
whichever period of time is less. The
interplay of these provisions creates
ambiguity and requires interpretation.
After considering the necessary
interplay between section 101(f)(3) of
the Act, the 10-year temporal scope of
section 212(a)(2)(D) of the Act, and the
more limited period during which good
moral character must be shown for
purposes of adjustment of status under
section 245(l) of the Act, USCIS
believes, based on the purpose and
history of the statute, that the more
limited period is applicable. For
example, if an applicant engaged in
prostitution or commercialized vice
after he or she was first lawfully
admitted as a T–1 nonimmigrant, USCIS
will consider the applicant to be
statutorily precluded under section

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101(f)(3) of the Act from establishing
that he or she is a person of good moral
character. If, on the other hand, the
applicant engaged in prostitution or
commercialized vice before he or she
was first lawfully admitted as a T–1
nonimmigrant (which in many cases
will be related to the trafficking of that
individual), USCIS will not consider the
applicant to be statutorily precluded
under section 101(f)(3) of the Act from
establishing that he or she is a person
of good moral character because the
applicant’s activities did not occur
during the period for which good moral
character is required to be established
for purposes of section 245(l) of the Act.
This interpretation is consistent with
the primary goal of the statute, which is
to provide humanitarian assistance to
victims who are assisting law
enforcement in the investigation or
prosecution of their traffickers. In
construing the interplay between the
relevant statutory provisions, the proper
course is to adopt that sense of words
which best harmonizes with the context,
and then promotes in the fullest manner
the policy and objects of Congress.
United States v. Hartwell, 73 U.S. (6
Wall.) 385, 396 (1868); see generally 2A
C. Sands, Sutherland on Statutory
Construction sec. 46.05 (rev. 7th ed.
2008). For example, in cases in which
an applicant was forced into sexual
slavery or prostitution prior to being
granted T–1 nonimmigrant status, it
would be contrary to the purpose of the
statute to prevent the applicant from
showing good moral character for
purposes of adjusting status to lawful
permanent resident because he or she
had engaged in prostitution within 10
years of the date of the application for
adjustment of status, but before he or
she was granted T–1 nonimmigrant
status.
An applicant who is under 14 years
of age is generally presumed to be a
person of good moral character and is
not required to submit evidence of good
moral character. However, if there is
reason to believe that an applicant who
is under 14 years of age may lack good
moral character, USCIS may require
evidence of good moral character. New
8 CFR 245.23(g)(4).
5. Assistance in the Investigation or
Prosecution
T–1 nonimmigrant applicants for
adjustment of status under section
245(l) of the Act must establish either (i)
that during the requisite period of
continuous physical presence they have
complied with any reasonable request
for assistance in an ongoing Federal,
State, or local investigation or
prosecution of the acts of trafficking, as

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defined in 8 CFR 214.11(a), by
submitting a document issued by the
Attorney General or his designee
certifying that he or she has complied
with any reasonable requests for
assistance (new 8 CFR 245.23(d),
245.23(f)(1)), or (ii) that they would
suffer extreme hardship involving
unusual and severe harm upon removal
from the United States (new 8 CFR
245.23(d), 245.23(f)(2)).1 See INA sec.
245(l)(1)(C), 8 U.S.C. 1255(l)(1)(C).
Although the T nonimmigrant
provisions at section 101(a)(15)(T) of the
Act, 8 U.S.C. 1101(a)(15)(T), exempt
children under the age of 18 from the
requirement to comply with reasonable
requests for assistance, no similar agerelated exemption is included in the
adjustment provisions contained in
section 245(l) of the Act, 8 U.S.C.
1255(l). Accordingly, this rule provides
that to establish eligibility for
adjustment of status, T–1 principal
applicants under the age of 18 must
either show that they have, since being
lawfully admitted as a T nonimmigrant,
complied with any reasonable request
for assistance in the investigation or
prosecution of the acts of trafficking, or
meet the alternative ‘‘extreme hardship’’
requirement of section 245(l)(1)(C)(ii) of
the Act. New 8 CFR 245.23(a)(6)(ii).
When evaluating the reasonableness of
a request for assistance made to a minor
since admission as a T nonimmigrant,
USCIS will consider the previous
application of the exemption at section
101(a)(15)(T)(i)(III)(bb) of the Act.
6. Extreme Hardship Involving Unusual
and Severe Harm
As noted above, section 245(l)(1)(C) of
the Act, 8 U.S.C. 1255(l)(1)(C), permits
T–1 applicants for adjustment of status
the alternative of establishing they
would suffer extreme hardship
involving unusual and severe harm
upon removal, in lieu of establishing
assistance in the investigation or
prosecution. This rule utilizes existing
extreme hardship standards set forth at
8 CFR 214.11(i), which were established
in the January 31, 2002, interim T
nonimmigrant status rule. New 8 CFR
245.23(a)(6)(ii), 245.23(f)(2). These
standards provide that extreme hardship
involving unusual and severe harm may
not be based upon current or future
economic detriment, or the lack of or
disruption to social or economic
1 Section 245(l)(1)(C)(i) of the Act requires the
Attorney General to determine whether T–1
nonimmigrant applicants have complied with any
reasonable request for assistance in the
investigation or prosecution of acts of trafficking.
This rule does not address the Attorney General’s
authority to adjust status under section
245(l)(1)(C)(i) of the Act.

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opportunities. Both traditional extreme
hardship factors and factors associated
with having been a victim of a severe
form of trafficking in persons may be
considered. Factors such as serious
physical or mental illness of the
applicant that necessitates medical or
psychological attention not reasonably
available in the foreign country, the
nature and extent of the physical and
psychological consequences of severe
forms of trafficking in persons, and the
likelihood that the trafficker or another
acting on behalf of the trafficker in the
foreign country would severely harm
the applicant may be relevant to such a
determination.
B. Application Procedures for T
Nonimmigrants Seeking Adjustment of
Status
This rule clarifies that the generally
applicable adjustment of status
provisions in 8 CFR 245.1 and 245.2 do
not apply to applications for adjustment
of status under the new 8 CFR 245.23.
The adjustment provisions contained in
section 245(l) of the Act, 8 U.S.C.
1255(l), are stand-alone provisions and
not simply a variation on the general
adjustment rules contained in section
245(a) of the Act, 8 U.S.C. 1255(a). New
8 CFR 245.23(k).

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1. Filing the Application To Request
Adjustment of Status
This rule requires that each applicant
for adjustment of status under section
245(l) of the Act, 8 U.S.C. 1255(l),
submit a complete application to USCIS:
Form I–485, Application to Register
Permanent Residence or Adjust Status,
filed in accordance with the form
instructions; applicable fees or
application for a fee waiver; and any
additional evidence to fully support the
application. New 8 CFR 245.23(a)(1),
245.23(b)(3), 245.23(e). Derivative T
nonimmigrants may not submit an
application for adjustment of status
before the principal T–1 alien files an
application for adjustment of status.
New 8 CFR 245.23(b)(1).
2. Timely Filing
Aliens who properly apply for
adjustment of status in accordance with
8 CFR 245.23 shall remain eligible for
adjustment of status. New 8 CFR
214.11(p)(2). T nonimmigrants who fail
to apply for adjustment of status during
the prescribed period will lose T
nonimmigrant status at the end of the 4year period unless that status is
extended beyond 4 years because a
Federal, State, or local law enforcement
official, prosecutor, judge, or other
authority investigating or prosecuting
activity relating to human trafficking

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certifies that the presence of the alien in
the United States is necessary to assist
in the investigation or prosecution of
such activity. New 8 CFR 214.11(p)(1);
see INA sec. 214(o)(7)(B), 8 U.S.C.
1184(o)(7)(B).
In 2006, Congress altered several key
aspects of the T nonimmigrant
provisions and the related adjustment of
status requirements, necessitating
changes to 8 CFR 214.11(p). Congress
extended the duration of status for a T
nonimmigrant from 3 to 4 years and
made T nonimmigrant status renewable
beyond the 4-year maximum duration
based on a certification of law
enforcement necessity. Public Law No.
109–162, sec. 821(a), 119 Stat. 2960 (Jan.
5, 2006) (amending INA sec. 214(o)(7),
8 U.S.C. 1184(o)(7)). Without such
renewal, however, the statute is clear
that T nonimmigrant status may not
extend beyond 4 years even if the
individual has properly applied for
adjustment of status.
This rule provides a transition rule for
those T nonimmigrants who accrued 4
years in status prior to promulgation of
this rule. Section 214(o)(7) of the Act, 8
U.S.C. 1184(o)(7), prescribes a
maximum duration in T nonimmigrant
status of 4 years, unless the T
nonimmigrant receives a law
enforcement certification stating that the
T nonimmigrant’s presence is necessary
to assist in the investigation or
prosecution. Therefore, T
nonimmigrants who already accrued 4
years in status might not continue to
hold such status at the time of
application for adjustment of status and
would otherwise be ineligible for
adjustment of status. USCIS is therefore
creating a transition rule to allow these
aliens, if otherwise eligible, to adjust
status if they file a complete application
within 90 days of promulgation of this
rule. New 8 CFR 245.23(a)(2)(ii).
Congress also allowed certain
applicants to apply for adjustment of
status before having accrued 3 years of
continuous physical presence in valid T
nonimmigrant status. Public Law No.
109–162, sec. 803(a)(1)(B) (amending
INA sec. 245(l)(1)(A), 8 U.S.C.
1255(l)(1)(A)). This rule revises 8 CFR
214.11(p)(2) to implement the statutory
changes.
Applicants for adjustment of status
under section 245(l) of the Act may
submit an application for employment
authorization (Form I–765, Application
for Employment Authorization, in
accordance with the form instructions)
on the basis of 8 CFR 274a.12(c)(9).
3. Initial Evidence
All applicants for adjustment of status
under section 245(l) of the Act must

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submit all required ‘‘initial evidence’’ or
supporting documentation with the
Form I–485. 8 CFR 103.2(b)(1).
Otherwise, USCIS will deem the
application to be incomplete. If all
required initial evidence is not
submitted with the application or the
evidence does not demonstrate statutory
eligibility, USCIS may deny the
application for lack of initial evidence,
for ineligibility, or for both reasons. In
the alternative, USCIS may request that
the missing initial evidence be
submitted within a specified period of
time. 8 CFR 103.2(b)(8).
a. Evidence That Applicant Was
Admitted in T Nonimmigrant Status
All applicants must submit a copy of
the Form I–797, Notice of Action,
granting T nonimmigrant status, with
the attached Form I–94 Arrival/
Departure Record, or a copy of the
applicant’s passport with a T
nonimmigrant visa along with a copy of
the Form I–94 Arrival/Departure Record
evidencing that the principal alien was
admitted into the United States in T
nonimmigrant status. New 8 CFR
245.23(e)(2)(i).
b. Evidence of Continuous Physical
Presence
T–1 nonimmigrant applicants may
present as evidence of continuity of
physical presence in the United States
one or more documents issued by any
governmental or nongovernmental
authority, provided such evidence bears
the name of the applicant, was dated at
the time it was issued, and bears the
signature, seal, or other authenticating
instrument of the authorized
representative of the issuing authority if
the document would normally contain
such indicia. New 8 CFR 245.23(e)(2)(i).
An applicant may use college
transcripts or employment records,
including certification of the filing of
Federal or state income tax returns, to
show that an applicant attended school
or worked in the United States
throughout the requisite continuous
physical presence period. The applicant
may also present documents showing
installment periods, such as a series of
monthly rent receipts or utility bills that
cover the same period, to establish
continuous physical presence during
that period. See generally 8 CFR 245.22.
An applicant need not submit
documentation to show presence on
every single day of the requisite
continuous physical presence period,
but there should be no significant
chronological gaps in documentation.
Any absence from the United States,
even for one day, is significant for
purposes of eligibility because of the

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aggregate 180-day restriction on
absences from the United States.
Furthermore, if an applicant is aware
of documents already contained in his
or her DHS file that establish physical
presence, he or she may merely list
those documents, giving the type and
date of the document. Examples of such
documents include a written copy of a
sworn statement given to a DHS officer,
a document from the law enforcement
agency attesting to the fact that the T–
1 nonimmigrant status holder has
continued to comply with requests for
assistance, the transcript of a formal
hearing, or a Record of Deportable/
Inadmissible Alien, Form I–213.
To facilitate USCIS’ evaluation of an
applicant’s physical presence in the
United States, this rule provides that an
applicant must submit a copy of his or
her passport (or equivalent travel
document) and documentation
regarding any departure from the United
States and re-entry, including the dates
of departure; time, manner, and place of
return. New 8 CFR 245.23(e)(2)(i).
A signed statement from the T–1
applicant attesting to continuous
physical presence alone will not be
sufficient to establish this eligibility
requirement. New 8 CFR 245.23(e)(2)(i).
If documentation to establish
continuous physical presence is not
available, the applicant must explain
why in an affidavit and provide
additional affidavits from others with
first-hand knowledge who can attest to
the applicant’s continuous physical
presence by specific facts. Id.
This rule further provides that
applicants seeking to meet the
alternative continuous physical
presence requirement at section
245(l)(1)(A) of the Act (less than 3 years
of continuous physical presence while
in T–1 nonimmigrant status if the
investigation or prosecution is
complete) must submit a document
signed by the Attorney General, or his
designee, as an attachment to the Form
I–485, Supplement E, stating that the
investigation or prosecution is
complete. New 8 CFR 245.23(e)(2)(i)(B).
c. Evidence of Admissibility
Applicants who are inadmissible by
reason of a ground not waived in
connection with the prior application
for T nonimmigrant status must file an
application for a waiver of
inadmissibility under section 245(l)(2)
of the Act (Form I–601, Application for
Waiver of Grounds of Excludability)
with the application to adjust status.
New 8 CFR 212.18(a). A separate fee for
Form I–601 or a fee waiver request must
be remitted with the form. This rule
clarifies that Form I–601 is used for this

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purpose and that a fee is charged for
waiver of any ground of inadmissibility.
8 CFR 103.7(b)(1).
Applicants who are inadmissible on
security related grounds (INA sec.
212(a)(3), 8 U.S.C. 1182(a)(3)), as
international child abductors (INA sec.
212(a)(10)(C), 8 U.S.C. 1182(a)(10)(C)),
or as former citizens who renounced
citizenship to avoid taxation (INA sec.
212(a)(10)(E), 8 U.S.C. 1182(a)(10)(E)),
are not eligible for waivers of
inadmissibility under section 245(l)(2)
of the Act. New 8 CFR 245.23(c)(1); see
INA sec. 245(l)(2)(B), 8 U.S.C.
1255(l)(2)(B).
USCIS may waive the health-related
(INA sec. 212(a)(1), 8 U.S.C. 1182(a)(1))
and public charge (INA sec. 212(a)(4), 8
U.S.C. 1182(a)(4)) grounds of
inadmissibility if USCIS determines that
a waiver is in the national interest as a
matter of discretion. See INA sec.
245(l)(2)(A). USCIS understands the
waiver of the public charge ground in
light of two other provisions of law,
Pub. L. 106–386, sections 107(b)(1)(A)
and (E), 114 Stat. 1464 (Oct. 28, 2000),
which provide that victims of a severe
form of trafficking in persons who are
over 18 years of age may be certified by
the Secretary of Health and Human
Services (HHS) to receive certain
benefits and services ‘‘to the same
extent as an alien who is admitted to the
United States as a refugee.’’ Victims of
a severe form of trafficking in persons
who are under 18 are also eligible for
services, including cash assistance, to
the same extent as refugees, but they do
not need to be certified by HHS.
Refugees are provided with special
humanitarian benefits because of their
vulnerable circumstances, and are
exempt from virtually every aspect of
the public charge determination.
Congress has recognized that victims of
a severe form of trafficking in persons
are in much the same position as
refugees, and therefore provided
specific authority for DHS to exempt
them from the public charge ground of
inadmissibility when applying for T
nonimmigrant status. See INA sec.
212(d)(13)(A); 8 U.S.C. 1182(d)(13)(A).
However, this statutory exemption does
not apply to adjustment of status.
Consequently, at that stage, applicants
must either demonstrate that they are
not likely to become public charges
under section 212(a)(4) of the Act, 8
U.S.C. 1182(a)(4), or must apply for a
waiver of that ground of inadmissibility
under section 245(l)(2)(A) of the Act, 8
U.S.C. 1255(l)(2)(A). In evaluating
waiver requests, if an applicant is
receiving or has received public benefits
as a trafficking victim, USCIS will not
consider that fact as conclusive

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evidence of the likelihood the applicant
will become a public charge.
USCIS also may waive any other
ground of inadmissibility, but only if
USCIS determines that a waiver is in the
national interest and that the activities
rendering the applicant inadmissible
were caused by or were incident to the
principal alien’s trafficking
victimization. See INA sec. 245(l)(2)(B).
Applicants seeking such a waiver must
establish that the activities rendering
the applicants inadmissible were caused
by or incident to their trafficking
victimization, that it is in the national
interest to waive the ground(s) of
inadmissibility, and that the waiver is
warranted as a matter of discretion. New
8 CFR 212.18(b)(3).
Under section 212(a)(9)(B)(iii) of the
Act, 8 U.S.C. 1182(a)(9), applicants may
be exempted from the unlawful
presence ground of inadmissibility if
they can establish that their
victimization was ‘‘at least one central
reason’’ for their unlawful presence in
the United States. See INA sec.
212(a)(9)(B)(iii)(V), 8 U.S.C.
1182(a)(9)(B)(iii)(V). This rule clarifies
that to be a ‘‘central reason,’’ the
victimization need not be the sole
reason for the unlawful presence, but
the nexus between the victimization and
the unlawful presence must be more
than tangential, incidental, or
superficial. New 8 CFR 245.23(c)(3); cf.
Matter of J-B-N- & S-M-, 24 I&N 208, 214
(BIA 2007) (interpreting the ‘‘one central
reason’’ standard in the asylum context).
An applicant requesting only an
exemption from section
212(a)(9)(B)(B)(iii)(V) of the Act need
not file a Form I–601. New 8 CFR
245.23(c)(3). The applicant, however,
must submit with his or her Form I–485
evidence sufficient to demonstrate that
the victimization suffered was a central
reason for the unlawful presence in the
United States. Id.
As discussed below, applicants whose
adjustment of status applications are
denied, including the denial of a request
for exemption from the application of
section 212(a)(9)(B) of the Act, and the
denial of an application for a waiver of
inadmissibility (Form I–601) may
appeal to the USCIS Administrative
Appeals Office (AAO). New 8 CFR
245.23(i).
This rule also clarifies that USCIS
may revoke its approval of a waiver of
inadmissibility. New 8 CFR 212.18(d);
see also 8 CFR 103.5.
d. Evidence of Good Moral Character
Initial evidence of a T–1
nonimmigrant applicant’s good moral
character is the applicant’s affidavit
attesting to his or her good moral

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character, accompanied by a local police
clearance or a state-issued criminal
background check from each locality or
state in the United States in which the
applicant has resided for six or more
months during the requisite period in
T–1 nonimmigrant status. New 8 CFR
245.23(g). If police clearances, criminal
background checks, or similar reports
are not available for some or all
locations, the applicant may include an
explanation and submit other evidence
with his or her affidavit. Id.
A T–1 nonimmigrant applicant who is
under 14 years of age is generally
presumed to be a person of good moral
character and is not required to submit
evidence of good moral character.
However, if USCIS has reason to believe
that an applicant who is under 14 years
of age may lack good moral character,
USCIS may require evidence of good
moral character. Id.

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e. Evidence of Assistance in the
Investigation or Prosecution
To meet the ‘‘assistance’’ requirement,
T–1 applicants must submit a document
signed by the Attorney General or his
designee certifying that he or she has
complied with any reasonable requests
for assistance. New 8 CFR 245.23(d),
245(f)(1).
f. Evidence of Extreme Hardship
Involving Unusual and Severe Harm
In lieu of showing continued
compliance with requests for assistance,
T–1 applicants may establish that they
would suffer extreme hardship
involving unusual and severe harm
upon removal from the United States.
Such hardship determinations will be
evaluated on a case-by-case basis, in
accordance with the factors described in
8 CFR 214.11(i). No particular piece of
evidence will guarantee a finding that
extreme hardship involving unusual
and severe harm would result if the
applicant is removed from the United
States. To minimize the burden of
submitting voluminous documentary
evidence and to streamline the
adjudication of the adjustment
application, this rule provides that
where the basis for the hardship claim
represents a continuation of the
hardship claimed in the previously
approved application for T
nonimmigrant status, the applicant need
not re-document the entire hardship
claim, but instead may submit evidence
demonstrating that the previouslyestablished hardship is ongoing. New 8
CFR 245.23(f)(2). However, in reaching
its decision regarding hardship under
this section, USCIS is not bound by its
previous hardship determination made
under 8 CFR 214.11(i). Id.

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4. Additional Requirements for
Derivative Family Members
Derivative family members may apply
for adjustment of status under section
245(l)(1) provided the T–1 principal
applicant meets the eligibility
requirements for adjustment of status
and the T–1 principal applicant’s
adjustment application has been
approved, is currently pending, or is
concurrently filed. New 8 CFR
245.23(b).
As with T–1 principal applicants, to
be eligible for adjustment of status
under section 245(l) of the Act,
derivative family members must be
admissible to the United States under
the Act, or otherwise have been granted
a waiver by USCIS of any applicable
ground of inadmissibility, at the time of
examination for adjustment. New 8 CFR
245.23(a)(4), 245.23(b)(4), 245.23(c)(2)
and (3); see INA sec. 245(l)(2), 8 U.S.C.
1255(l)(2); INA sec. 212(a), 8 U.S.C.
1182(a). Section 245(l)(2)(B) of the Act
also permits USCIS to waive any ground
of inadmissibility that may be
applicable to a derivative family
member, except for the grounds related
to national security, international child
abduction, and former citizens who
renounced citizenship to avoid taxation.
Such a waiver may be granted if USCIS
determines that it is in the national
interest to do so and that the activities
rendering the derivative family member
inadmissible were caused by or were
incident to the T–1 principal alien’s
victimization. See INA sec. 245(l)(2), 8
U.S.C. 1255(l)(2). A waiver application
for a derivative family member will be
adjudicated in accordance with new 8
CFR 212.18.
5. Evidence Relating to Discretion
Consistent with all of the other
adjustment of status provisions, section
245(l) of the Act makes adjustment of
status to that of a lawful permanent
resident a discretionary benefit. To
enable USCIS to determine whether to
exercise discretion favorably, this rule
provides that all T adjustment
applicants have the burden of showing
that discretion should be exercised in
their favor. New 8 CFR 245.23(e)(3).
Generally, favorable factors such as
family ties, hardship, and length of
residence in the United States may be
sufficient to merit a favorable exercise of
administrative discretion. However,
where adverse factors are present, the
applicant will need to offset these
factors by showing sufficient mitigating
equities. This rule permits applicants to
submit information regarding any
mitigating factors they wish to be
considered. Id. Depending on the nature

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75545

of an applicant’s adverse factors, the
applicant may be required to clearly
demonstrate that the denial of
adjustment of status would result in
exceptional and extremely unusual
hardship. Moreover, depending on the
gravity of the alien’s adverse factors,
such a showing might still be
insufficient. Id. See Matter of Jean, 23
I&N Dec. 373, 383–384 (A.G. 2002), aff’d
Jean v. Gonzales, 452 F.3d 392 (5th Cir.
2006). See also Pinentel v. Mukasey, 530
F.3d 321 (5th Cir. 2008); Meija v.
Gonzales, 499 F.3d 991 (9th Cir. 2007).
For example, only the most compelling
positive factors would justify a favorable
exercise of discretion in cases where the
applicant has committed or been
convicted of a serious violent crime, a
crime involving sexual abuse committed
upon a child, or multiple drug-related
crimes, or where there are security- or
terrorism-related concerns. Id.
6. Application and Biometric Services
Fees
The fee for filing an Application to
Register Permanent Residence or Adjust
Status (Form I–485) is listed at 8 CFR
103.7(b). USCIS recognizes that some
applicants for adjustment of status
under section 245(l) of the Act may be
unable to pay the full application fee.
Applicants who are able to show that
they are financially unable to pay the
application fee may submit an
application for a fee waiver as outlined
in 8 CFR 103.7(c). This rule also permits
a fee waiver for the Form I–601 fee. The
decision whether to grant a fee waiver
lies within the sole discretion of USCIS.
Further guidance on fee waivers can be
found on the USCIS Web site currently
at http://www.uscis.gov/feewaiver.
In addition to the filing fee for the
Form I–485 and Form I–601, if
applicable, applicants will have to
submit the established fee for biometric
services, or fee waiver request, for each
person ages 14 through 79 inclusive
with each application. This fee can also
be found at 8 CFR 103.7(b).
C. Traveling While Application for
Adjustment of Status Is Pending
T nonimmigrants applying for
adjustment of status, and who are not in
removal, exclusion, or deportation
proceedings, must follow the generally
applicable rule that an applicant with a
pending adjustment of status
application must obtain advance parole
from USCIS. New 8 CFR 245.23(j); 8
CFR 245.2(a)(4)(ii)(B). Advance parole
can be requested by completing and
filing Form I–131, Application for
Travel Document, in accordance with
the instructions on the form, or any
other appropriate form, before departing

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the United States. Id. If an applicant
fails to acquire advance parole prior to
departure, USCIS will deem the
application for adjustment of status
abandoned as of the moment of
departure from the United States. If the
adjustment of status application of such
an individual is subsequently denied,
he or she will be treated as an applicant
for admission subject to sections 212
and 235 of the Act. Id. If a T
nonimmigrant applying for adjustment
of status is in removal, exclusion, or
deportation proceedings, USCIS will
deem the application for adjustment of
status abandoned as of the moment of
the applicant’s departure from the
United States if the applicant failed to
acquire advance parole prior to
departure. New 8 CFR 245.23(i); 8 CFR
245.2(a)(4)(ii)(A).
D. Decisions on Applications Under
Section 245(l) of the Act
1. Annual Limitation on the Number of
Adjustments of T–1 Nonimmigrants
USCIS may adjust the status of no
more than 5,000 T–1 principal aliens in
a given fiscal year. See INA sec.
245(l)(4)(A), 8 U.S.C. 1255(l)(4)(A). This
numerical limitation does not apply to
spouses, children, parents, and
unmarried siblings in T–2, T–3, T–4,
and T–5 status who seek adjustment of
status as derivatives. See INA sec.
245(l)(4)(B), 8 U.S.C. 1255(l)(4)(B).
USCIS will adjudicate applications in
the order in which they are received.
Once the numerical limit has been
reached in a particular fiscal year, all
pending and subsequently received
applications will continue to be
reviewed in the normal process to
determine eligibility. However, USCIS
will not approve adjustment of status
prior to the beginning of the next fiscal
year and not until a number under the
cap becomes available. New 8 CFR
245.23(l)(2). USCIS will place eligible
applicants who are not granted
adjustment of status due solely to the
numerical limit on a waiting list and
notify the applicants of that placement.
Id. Applicants on the waiting list will be
given priority in the following fiscal
year based on the date the application
was properly filed. Id.

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2. Decisions on Applications
USCIS will notify an applicant in
writing of its decision on the adjustment
of status and any applicable waiver
application. New 8 CFR 245.23(h). If the
application is approved, USCIS will
issue a notice of approval, instructing
the applicant to go to a local USCIS
office or an Application Support Center
to complete Form I–89, which collects

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the necessary information to produce
the Form I–551 (Alien Registration
Receipt Card or ‘‘green card’’). The
notice of approval will also inform the
applicant how to obtain temporary
evidence of lawful permanent resident
status. Upon approval of an application
for adjustment of status, USCIS will
record the alien’s admission as a lawful
permanent resident as of the date of
such approval. See INA sec. 245(l)(5), 8
U.S.C. 1255(l)(5).
If the application for adjustment of
status is denied, the applicant will be
notified in writing of the reasons for the
denial and of the right to appeal the
decision to the USCIS Administrative
Appeals Office. New 8 CFR 245.23(i).
Because derivative family members’
applications are dependent upon
approval of the principal applicant’s
adjustment application, this rule also
provides that denial of the T–1 principal
applicant’s application will result in the
automatic denial of a derivative family
member’s application. Id.
IV. Aliens in U Nonimmigrant Status
Adjusting Status Under Section 245(m)
of the Act
A. Eligibility Requirements for U
Nonimmigrants Seeking Adjustment of
Status
This rule promulgates new 8 CFR
245.24 to list the eligibility
requirements for adjustment of status for
U–1 nonimmigrants and their family
members in lawful U–2, U–3, U–4, and
U–5 nonimmigrant status under section
245(m) of the Act, 8 U.S.C. 1255(m).
1. Admitted as a U Nonimmigrant
All applicants for adjustment of status
under section 245(m) of the Act must
have been lawfully admitted to the
United States in U nonimmigrant status
and must continue to hold such status
at the time of the application. New 8
CFR 245.24(b)(2).
This rule provides a transition rule for
those aliens who accrued 4 years or
more in U interim relief status prior to
promulgation of this rule. Section
214(p)(6) of the Act, 8 U.S.C. 1184(p)(6),
prescribes a maximum duration in U
nonimmigrant status of 4 years, unless
the U nonimmigrant receives a law
enforcement certification stating that the
U nonimmigrant’s presence is necessary
to assist in the investigation or
prosecution. Title 8 CFR 214.14(c)(6)
provides that aliens with U interim
relief status whose Form I–918, Petition
for U Nonimmigrant Status, is approved
will be accorded U nonimmigrant status
as of the date that a request for U
interim relief was initially approved.
Therefore, aliens who already accrued 4

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years in U interim relief status might not
continue to hold such status at the time
of application for adjustment of status
and would otherwise be ineligible for
adjustment of status. USCIS is therefore
creating a transition rule to allow these
aliens, if otherwise eligible, to apply to
adjust status within 120 days of
approval of the Form I–918. New 8 CFR
245.24(b)(2)(ii). Recipients of U interim
relief may apply for adjustment of status
after 4 years in U interim relief status if
they have previously filed a complete
Form I–918. Id. If the Form I–918 is
subsequently approved, USCIS will then
adjudicate the pending adjustment
application. USCIS believes that this
transition rule will allow applicants to
remain eligible to adjust status and will
not penalize those applicants with more
than 4 years in U interim relief status.
2. Physical Presence for Requisite
Period
All applicants for adjustment of status
under section 245(m) of the Act must
have maintained continuous physical
presence in the United States for at least
3 years since the date of admission as
a U nonimmigrant. New 8 CFR
245.24(b)(3); see INA sec. 245(m)(1)(A),
8 U.S.C. 1255(m)(1)(A). Applicants who
have departed from the United States for
any period in excess of 90 days or for
any periods exceeding 180 days in the
aggregate shall not be considered to
have maintained continuous physical
presence. New 8 CFR 245.24(a)(1); see
INA sec. 245(m)(2), 8 U.S.C. 1255(m)(2).
An absence for any period in excess of
90 days or for any periods exceeding
180 days is permissible only if the
excessive absence is necessary to assist
in the investigation or prosecution of
persons in connection with the
qualifying criminal activity or if an
official involved in the investigation or
prosecution certifies that the absence is
otherwise justified. Id. Absences for less
than 90 days at one time or 180 days in
the aggregate will not be deducted from
the requisite continuous physical
presence period required to establish
eligibility for adjustment of status and
will not be deemed an interruption of
the period. Id.
3. Unreasonable Refusal To Assist in the
Investigation or Prosecution
Section 245(m)(1) of the Act, 8 U.S.C.
1255(m)(1), prohibits USCIS from
adjusting the status of an otherwise
eligible U nonimmigrant if the Attorney
General determines, based on
affirmative evidence, that the U
nonimmigrant unreasonably refused to
provide assistance to a Federal, State, or
local criminal investigation or
prosecution. USCIS interprets this

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statutory provision as imposing an
ongoing requirement for U–1
nonimmigrants not to refuse
unreasonably to provide assistance in an
investigation or prosecution. For a
derivative family member of a U–1
nonimmigrant (a U–2, U–3, U–4, or U–
5 nonimmigrant) who was not required
to provide such assistance as a
prerequisite for obtaining U
nonimmigrant status, USCIS interprets
this provision to mean that if the
derivative U–2, U–3, U–4, or U–5
nonimmigrant possessed information
about the qualifying criminal activity on
which the U–1 nonimmigrant petition
was based and was asked to assist in the
investigation or prosecution, the
derivative U nonimmigrant has a
responsibility not to unreasonably
refuse to provide that assistance.
Thus, this rule defines ‘‘refusal to
provide assistance in a criminal
investigation or prosecution’’ as the
refusal by the alien to provide assistance
to an official or law enforcement agency
that had responsibility for the
investigation or prosecution of persons
in connection with the qualifying
criminal activity after the alien was
granted U nonimmigrant status. New 8
CFR 245.24(a)(5).
The rule provides that the
determination of whether an alien’s
refusal to provide assistance was
unreasonable will be based on all
available affirmative evidence and take
into account the totality of the
circumstances and such factors as
general law enforcement, prosecutorial,
and judicial practices; the kinds of
assistance asked of other victims of
crimes involving an element of force,
coercion, or fraud; the nature of the
request to the alien for assistance; the
nature of the victimization; the
applicable guidelines for victim and
witness assistance; and the specific
circumstances of the applicant,
including fear, severe trauma (either
mental or physical), and the age and
maturity of the applicant. New 8 CFR
245.24(a)(5).
In order to facilitate implementation
of this statutory requirement, the rule
provides that applicants must submit
evidence that demonstrates whether or
not they received requests for assistance
from an official or law enforcement
agency that had responsibility for the
investigation or prosecution of persons
in connection with the qualifying
criminal activity after the applicants
were granted U nonimmigrant status
and the applicants’ response to such
requests. New 8 CFR 245.24(d)(8);
245.24(e). The applicant is not required
to establish the reasonableness of any
refusals to comply with such requests

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for assistance, as it is a matter for the
Attorney General to determine whether
any refusal was unreasonable. However,
it is appropriate and consistent with the
statutory scheme to require the
applicants to describe any requests they
received for law enforcement assistance,
to identify the persons or agencies who
made the requests, and to state how they
responded to such requests. As a general
matter, the alien is in a proper position
to identify such basic facts relating to
whether any such requests for assistance
were made to the alien and how the
alien responded to the requests. This
information is necessary for the
Attorney General to be able to evaluate
whether an alien’s refusal to provide
assistance was unreasonable under the
circumstances. Given the range of
qualifying offenses for the U visa, USCIS
anticipates that the substantial majority
of such crimes will be the subject of
state or local criminal investigations and
prosecutions, rather than cases arising
under federal criminal laws, and, in
addition, that many of the investigations
and prosecutions may already have been
closed (perhaps for several years) by the
time the alien is applying for adjustment
of status, given the requirement that the
alien must be in U nonimmigrant status
for 3 years before applying for
adjustment.
In order to facilitate the adjudication
of U adjustment applications, this rule
provides an option for applicants to
obtain a document signed by an official
or law enforcement agency that had
responsibility for persons in connection
with the investigation or prosecution of
the qualifying criminal activity. New 8
CFR 245.24(e)(1). The document should
affirm that the applicant complied with
(or did not refuse to comply with)
reasonable requests for assistance in the
investigation or prosecution during the
requisite period. Id. Applicants, if they
so choose, may satisfy this evidentiary
requirement by submitting a newly
executed Form I–918, Supplement B, ‘‘U
Nonimmigrant Status Certification.’’
New 8 CFR 245.24(e)(2). If the alien
does choose to submit such a document
in support of his or her application,
USCIS (with the agreement of DOJ) has
concluded that there would be no need
to refer the application to DOJ absent
extraordinary circumstances. This
option will thus simplify the evidence
aliens are expected to submit in support
of their adjustment applications and
will avoid delays in the adjudicatory
process attributable to the requirement
to refer U adjustment applications to
DOJ.
USCIS is aware that, in some cases, it
may be difficult, if not impossible, for
an applicant to obtain such a document.

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Therefore, if an applicant does not
submit such a document, the applicant
may submit an affidavit describing the
applicant’s efforts, if any, to obtain a
newly executed Form I–918,
Supplement B, or other evidence
describing whether or not the alien
received any request to provide
assistance in a criminal investigation or
prosecution and the alien’s response to
any such request. New 8 CFR
245.24(e)(2). The applicant should
include a description of all instances of
which the applicant is aware in which
the applicant was requested to provide
assistance in the criminal investigation
or prosecution of persons in connection
with the qualifying criminal activity
after the applicant was granted U
nonimmigrant status and how the alien
responded to such requests. Id.
Applicants should also include, when
possible, identifying information about
the law enforcement personnel involved
in the case and any information of
which the applicant is aware about the
status of the criminal investigation or
prosecution, including any charges filed
and the outcome of any criminal
proceedings, or whether the
investigation or prosecution was
dropped and the reasons. Id. Depending
on the circumstances, evidence might
include such documentation as court
documents, police reports, news
articles, copies of reimbursement forms
for travel to and from court, and
affidavits of other witnesses or officials.
If applicable, an applicant also may
choose to provide a more detailed
description of situations where the
applicant declined to comply with
requests for assistance because the
applicant believed that the failure to
comply with such requests for
assistance was reasonable under the
circumstances. Id.
The instructions to the Form I–918,
Supplement B, U Nonimmigrant Status
Certification, require that officials who
sign a Supplement B in support of an
alien’s application for U nonimmigrant
status have an obligation to notify
USCIS if the alien has refused to assist
in the investigation or prosecution of
persons in connection with the
qualifying criminal activity. At any
time, USCIS or DOJ may at its discretion
contact the agency that certified the
Form I–918, Supplement B, or any other
law enforcement authority, for
information concerning an applicant’s
continuing assistance in an
investigation or prosecution. New 8 CFR
245.24(e)(3).
Additionally, in accordance with
procedures determined by DOJ and
DHS, USCIS will refer certain
applications for adjustment of status,

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including any affirmative evidence of
applicants’ refusal to provide assistance
in a criminal investigation or
prosecution, to DOJ for a determination
of whether the applicant has
unreasonably refused to comply with a
request for assistance in an investigation
or prosecution. New 8 CFR 245.24(e)(4).
USCIS anticipates referring an
application to DOJ only if a certifying
official or agency has provided evidence
that the alien has refused to provide
such assistance, or if there is other
affirmative evidence in the record
suggesting that the applicant may have
unreasonably refused to provide
assistance to the investigation or
prosecution of persons in connection
with the qualifying criminal activity. In
these instances, USCIS will request that
DOJ determine, based on all available
affirmative evidence, whether the
applicant has unreasonably refused to
comply with a request for assistance.
DOJ will have 90 days to provide a
written determination to USCIS, or
where appropriate, request an extension
of time to provide such a determination.
Id. After such time, USCIS may
adjudicate the application whether or
not DOJ has provided a response. Id.
B. Application Procedures for U
Nonimmigrants Seeking Adjustment of
Status
This rule clarifies that the generally
applicable adjustment of status
provisions in 8 CFR 245.1 and 8 CFR
245.2 do not apply to applications for
adjustment of status under the new 8
CFR 245.24. The adjustment provisions
contained in section 245(m) of the Act,
8 U.S.C. 1255(m), are stand-alone
provisions and not simply a variation of
the general adjustment rules contained
in section 245(a) of the Act, 8 U.S.C.
1255(a). New 8 CFR 245.24(l).
This rule also provides that USCIS
will maintain sole jurisdiction over the
adjudication of applications to adjust
status under section 245(m) of the Act
because the statutory language vests this
authority in the Secretary of Homeland
Security. New 8 CFR 245.24(f).
This rule designates Form I–485,
Application to Register Permanent
Residence or Adjust Status, as the form
that a U nonimmigrant status holder
must use to request adjustment of status.
New 8 CFR 245.24(d). The instructions
to Form I–485 specify where applicants
must file their application packages.
The rule requires applicants to follow
the instructions on the form for proper
completion and to include the proper
fees or a fee waiver request. New 8 CFR
245.24(d). The rule also instructs
applicants to submit supporting
evidence to establish continuous

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physical presence, as well as any
information the applicant would like
USCIS to consider when determining
whether adjustment of status is
warranted as a matter of discretion on
humanitarian grounds or to ensure
family unity, or is otherwise in the
public interest. Id.
1. Evidence That Applicant Was
Admitted in U Nonimmigrant Status
All applicants must submit a copy of
the Form I–797, Notice of Action,
granting U nonimmigrant status, with
the attached Form I–94 Arrival/
Departure Record, or a copy of the
applicant’s passport with a U
nonimmigrant visa along with a copy of
the Form I–94 Arrival/Departure Record
evidencing the applicant’s admission
into the United States in U
nonimmigrant status. New 8 CFR
245.24(d).
2. Evidence Relating to Requests for
Assistance in an Investigation or
Prosecution
An application for adjustment of
status under section 245(m) of the Act,
8 U.S.C. 1255(m), may not be approved
where the Attorney General or his
designee determines based on
affirmative evidence that the applicant
unreasonably refused to provide
assistance to an official or law
enforcement agency that had
responsibility for the investigation or
prosecution of persons in connection
with the qualifying criminal activity
after the applicant was granted U
nonimmigrant status. New 8 CFR
245.24(d)(8); 245.24(e).
As discussed above, an applicant can
facilitate the adjudication of the
adjustment application by obtaining a
document signed by an official or law
enforcement agency that had
responsibility for the investigation or
prosecution of persons in connection
with the qualifying criminal activity,
affirming that the applicant complied
with (or did not unreasonably refuse to
comply with) requests for assistance in
the investigation or prosecution during
the requisite period. New 8 CFR
245.24(e)(1). Applicants may satisfy this
option by submitting a newly executed
Form I–918, Supplement B, ‘‘U
Nonimmigrant Status Certification.’’ Id.
However, if an applicant does not
submit such a document, the applicant
may submit an affidavit describing the
applicant’s efforts, if any, to obtain a
newly executed Form I–918,
Supplement B, or other evidence
describing whether the alien received
any request to provide assistance in a
criminal investigation or prosecution

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and the alien’s response to any such
request. New 8 CFR 245.24(e)(2).
3. Evidence of Continuous Physical
Presence
All applicants must submit evidence,
including an affidavit, attesting that
they have accrued 3 years of continuous
physical presence in the United States
since admission in U nonimmigrant
status. New 8 CFR 245.24(d)(9). Such
evidence may include one or more
documents issued by any governmental
or nongovernmental authority, provided
such evidence bears the name of the
applicant, was dated at the time it was
issued, and bears the signature, seal, or
other authenticating instrument of the
authorized representative of the issuing
authority if the document would
normally contain such indicia. An
applicant also may submit college
transcripts or employment records,
including certification of the filing of
Federal or state income tax returns, to
show that he or she attended school or
worked in the United States throughout
the entire 3-year U nonimmigrant status
period. The applicant also may submit
documents showing installment
payments, such as a series of monthly
rent receipts or utility bills that cover
the same 3-year period, to establish
continuous physical presence. See
generally 8 CFR 245.22.
An applicant need not submit
documentation to show presence on
every single day of the 3-year U
nonimmigrant status period, but there
should be no significant chronological
gaps in documentation. Any absence
from the United States, even for one
day, is significant for purposes of
eligibility because of the aggregate 180day restriction on absences from the
United States.
If the applicant is aware of documents
already contained in his or her DHS file
that establish physical presence, he or
she need only list those documents,
giving the type and date of the
document. Examples of such documents
might include a written copy of a sworn
statement given to a DHS officer, a
document from a law enforcement
agency attesting to the fact that the U
nonimmigrant has continued to comply
with requests for assistance, the
transcript of a formal hearing, or a
Record of Deportable/Inadmissible
Alien, Form I–213.
To facilitate USCIS’ evaluation of
physical presence in the United States,
applicants must submit documentation
regarding any departure and re-entry,
including a copy of their passport (or
equivalent travel document) with dates
of departure and corresponding time,
manner, and place of return. New 8 CFR

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245.24(d)(5) and (6). Applicants who
were absent from the United States for
any period in excess of 90 days or for
any periods in the aggregate of 180 days
or more must submit a statement from
the investigating or prosecuting agency
certifying that the absences were
necessary to assist in the investigation
or prosecution, or were otherwise
justified. Id. The omission of such
certification will result in denial of the
application.
A signed statement from the applicant
attesting to continuous physical
presence alone will not be sufficient to
establish this eligibility requirement. Id.
If documentation to establish
continuous physical presence is not
available, the applicant must explain
why in an affidavit and provide
additional affidavits from other
individuals with first-hand knowledge
who can attest to the applicant’s
continuous physical presence by
specific facts. Id.
4. Evidence Relating to Admissibility
and Discretion
The only ground of inadmissibility
applicable to U nonimmigrants applying
for adjustment of status under section
245(m) of the Act is section 212(a)(3)(E)
of the Act, 8 U.S.C. 1182(a)(3)(E), which
relates to participants in Nazi
persecution, genocide, or the
commission of any act of torture or
extrajudicial killing. This ground of
inadmissibility is not waivable for
purposes of adjustment of status of U
nonimmigrants. See INA sec. 245(m)(1),
8 U.S.C. 1255(m)(1). Otherwise, U
adjustment applicants are not required
to establish that they are admissible on
any of the grounds set forth in section
212(a) of the Act.
Nevertheless, as with all of the other
adjustment of status provisions, section
245(m) of the Act makes adjustment of
status under that section a discretionary
benefit. To enable USCIS to determine
whether to exercise discretion favorably,
applicants have the burden of showing
that discretion should be exercised in
their favor. New 8 CFR 245.24(d)(11).
Although U adjustment applicants are
not required to establish that they are
admissible, USCIS may take into
account all adverse factors, including
acts that would otherwise render the
applicant inadmissible, in making its
discretionary decision on the
application. Generally, favorable factors
such as family ties, hardship, and length
of residence in the United States may be
sufficient to merit a favorable exercise of
administrative discretion. However,
where adverse factors are present, it will
be necessary for the applicant to offset
these factors by showing sufficient

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mitigating factors. This rule permits
applicants to submit information
regarding any mitigating factors they
would like USCIS to consider when
determining whether a favorable
exercise of discretion is appropriate. Id.
Depending on the nature of an
applicant’s adverse factors, the
applicant may be required to
demonstrate clearly that the denial of
adjustment of status would result in
exceptional and extremely unusual
hardship. Moreover, depending on the
gravity of the alien’s adverse factors,
such a showing might still be
insufficient. Id. See Matter of Jean, 23
I&N Dec. 373, 383–384 (A.G. 2002), aff’d
Jean v. Gonzales, 452 F.3d 392 (5th Cir.
2006). See also Pinentel v. Mukasey, 530
F.3d 321 (5th Cir. 2008); Meija v.
Gonzales, 499 F.3d 991 (9th Cir. 2007).
For example, only the most compelling
positive factors would justify a favorable
exercise of discretion in cases where the
applicant has committed or been
convicted of a serious violent crime, a
crime involving sexual abuse committed
upon a child, or multiple drug-related
crimes, or where there are security- or
terrorism-related concerns. 8 CFR
245.24(d)(11).
C. Decisions on Adjustment of Status
Applications From U Nonimmigrants
USCIS will give written notice of its
decision on the adjustment of status
application to the applicant. New 8 CFR
245.24(f). If the application is approved,
USCIS will issue a notice of approval
instructing the applicant to go to a local
USCIS office or Application Support
Center to complete Form I–89, which
collects the necessary information to
produce the Form I–551 (Alien
Registration Receipt Card or ‘‘green
card’’). The notice of approval will also
inform the applicant how to obtain
temporary evidence of lawful
permanent resident status. Upon
approval of an application for
adjustment of status, USCIS will record
the alien’s admission as a lawful
permanent resident as of the date of
such approval. New 8 CFR 245.24(f)(1);
see INA sec. 245(m)(4), 8 U.S.C.
1255(m)(4).
If the application for adjustment of
status is denied, the applicant will be
notified in writing of the reasons for the
denial and of the opportunity to appeal
the decision to the Administrative
Appeals Office (AAO). New 8 CFR
245.24(f)(2). Because section 245(m) of
the Act gives the Secretary of Homeland
Security exclusive authority over
applications for adjustment of status of
U nonimmigrants, such applications
may not be renewed or otherwise filed
before an immigration judge in removal

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75549

proceedings. New 8 CFR 245.24(k). The
Attorney General will publish
companion rules amending 8 CFR parts
1240 and 1245.
D. Qualifying Family Members Who
Have Never Held U Nonimmigrant
Status
Section 245(m) of the Act, 8 U.S.C.
1255(m), allows two categories of
qualifying family members of principal
U–1 nonimmigrants to apply for
adjustment of status or an immigrant
visa: (1) Family members in lawful U–
2, U–3, U–4, or U–5 nonimmigrant
status; and (2) certain qualifying family
members who have never held U
nonimmigrant status. Because the
procedures for family members in
lawful U status are the same as those for
principal applicants and have already
been discussed above, this section will
only discuss those qualified family
members who have never held U
nonimmigrant status.
1. Eligibility Requirements
After granting adjustment of status to
a U–1 principal applicant, USCIS may
grant lawful permanent resident status
to certain spouses, children, and parents
based upon their relationship to the
principal applicant. See INA sec.
245(m)(3), 8 U.S.C. 1255(m)(3). The
statute allows USCIS to extend these
derivative benefits only if: (1) The
qualifying family member was never
admitted to the United States in U
nonimmigrant status, and (2) it is
established that either the family
member or the U–1 principal applicant
would suffer extreme hardship if the
qualifying family member is not allowed
to remain in or be admitted to the
United States. Id. Because qualifying
family members’ applications are
dependent upon approval of the
principal applicant’s adjustment of
status application, this rule provides
that denial of the U–1 principal
applicant’s application would result in
the automatic denial of a derivative
family member’s application. New 8
CFR 245.24(h)(2)(ii).
This rule establishes a two-stage
application process (described in detail
below) for qualifying family members to
obtain lawful permanent residence.
First, the principal applicant must file
an immigrant petition on behalf of the
qualifying family member. New 8 CFR
245.24(h). Second, if the immigrant
petition is approved, qualifying family
members who are present in the United
States may adjust their status to that of
lawful permanent residents, and
qualifying family members outside the
United States may go to a U.S. embassy

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or consulate to obtain their immigrant
visas. Id.
2. Immigrant Petition Process
This rule establishes a new form for
U–1 principal applicants to file on
behalf of qualifying family members:
USCIS Form I–929, ‘‘Petition for
Qualifying Family Member of a U–1
Nonimmigrant’’ (I–929). New 8 CFR
245.24(h)(1). U–1 principals may file
Form I–929 concurrently with, or at any
time after they have filed, their Form
I–485 under section 245(m) of the Act.
This rule provides, however, that a
Form I–929 may not be approved until
the U–1 principal’s application to adjust
status is approved. New 8 CFR
245.24(h)(2).
Form I–929 must be filed with the
applicable fee, or fee waiver request,
and in accordance with the form
instructions. New 8 CFR 245.24(h)(1)(ii).
It must be submitted with evidence
establishing the relationship, such as a
birth or marriage certificate. New 8 CFR
245.24(h)(1)(iii). If primary evidence is
not available, secondary evidence or
affidavits may be submitted in
accordance with 8 CFR 103.2(b)(2).
Section 245(m)(3) of the Act, 8 U.S.C.
1255(m)(3), requires the Secretary to
determine whether the U–1 principal or
a qualifying family member would
suffer extreme hardship if the family
member is not allowed to remain in or
join the U–1 principal in the United
States. This rule, therefore, requires
Form I–929 to be submitted with
evidence establishing that the qualifying
family member, or the principal U–1
alien, would suffer extreme hardship as
described in new 8 CFR 245.24(h)(1)(iv)
(to the extent the factors listed are
applicable). USCIS will consider all
credible relevant evidence of extreme
hardship and will evaluate each
application on a case-by-case basis in
accordance with the factors outlined in
new 8 CFR 245.24(h)(1)(iv). The
decision that an applicant has met his
or her burden of demonstrating extreme
hardship is a matter of discretion. No
particular piece of evidence will
guarantee a finding that extreme
hardship would result if the applicant’s
family members were not allowed to
enter or remain in the United States.
As discussed above, U adjustment
applicants are not required to establish
that they are admissible on any of the
grounds set forth in section 212(a) of the
Act, 8 U.S.C. 1182(a), other than on
section 212(a)(3)(E) of the Act (relating
to participants in Nazi persecution,
genocide, or the commission of any act
of torture or extrajudicial killing), and
the companion restrictions set forth in
sections 245(a) and (c) of the Act, 8

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U.S.C. 1255(a) and (c), do not apply to
applicants for lawful permanent
residence under section 245(m).
Nevertheless, approval of adjustment of
status under that section is a
discretionary determination of the
Secretary. Consequently, this rule
provides that the qualifying family
member has the burden of showing that
discretion should be exercised in his or
her favor. Although U adjustment
applicants are not required to establish
that they are admissible on any of the
grounds set forth in section 212(a) of the
Act except under section 212(a)(3)(E) of
the Act, USCIS may take into account
all adverse factors, including acts that
would otherwise render the applicant
inadmissible, in making its
discretionary decision on the
application. Generally, favorable factors
such as family ties, hardship, and length
of residence in the United States may be
sufficient to merit a favorable exercise of
administrative discretion. However,
where adverse factors are present, the
applicant must offset these factors by
showing sufficient mitigating equities.
This rule permits applicants to submit
information regarding any mitigating
factors they would like USCIS to
consider when determining whether a
favorable exercise of discretion is
appropriate. New 8 CFR 245.24(h).
Depending on the nature of an
applicant’s adverse factors, the
applicant may be required to clearly
demonstrate that the denial of
adjustment of status would result in
exceptional and extremely unusual
hardship. Moreover, depending on the
gravity of the alien’s adverse factors,
such a showing might still be
insufficient. Id. See Matter of Jean, 23
I&N Dec. 373, 383–384 (A.G. 2002), aff’d
Jean v. Gonzales, 452 F.3d 392 (5th Cir.
2006). See also Pinentel v. Mukasey, 530
F.3d 321 (5th Cir. 2008); Meija v.
Gonzales, 499 F.3d 991 (9th Cir. 2007).
For example, only the most compelling
positive factors would justify a favorable
exercise of discretion in cases where the
applicant has committed or been
convicted of a serious violent crime, a
crime involving sexual abuse committed
upon a child, or multiple drug-related
crimes, or where there are security- or
terrorism-related concerns. Id.
This rule provides that USCIS will
provide written notice of its decision on
the Form I–929 to the applicant. New 8
CFR 245.24(h)(2). If USCIS denies the
Form I–929, the applicant will be
notified in writing of the reasons for the
denial and of the opportunity to appeal
the decision to the USCIS
Administrative Appeals Office. New 8
CFR 245.24(h)(2)(ii).

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Upon approval of a Form I–929 for a
qualifying family member who is
outside of the United States, USCIS will
forward the notice of approval either to
the Department of State’s National Visa
Center so the applicant can apply to the
consular post for an immigrant visa, or
to the appropriate port of entry for a visa
exempt alien. New 8 CFR
245.24(h)(2)(i)(A). Those family
members issued immigrant visas under
section 245(m)(3) of the Act, 8 U.S.C.
1255(m)(3), must still establish
admissibility before a U.S. Customs and
Border Protection (CBP) officer when
applying for admission to the United
States at a port of entry. Once a Form
I–929 is approved for a qualifying
family member who is in the United
States, the family member becomes
eligible to apply for adjustment of
status.
3. Adjustment of Status for Qualifying
Family Members Who Never Held U
Nonimmigrant Status
This rule allows a U–1 principal to
file the Form I–929 for qualifying family
members either concurrently with or at
a later date than their Form I–485
application for adjustment of status.
Form I–485 must be filed with the
appropriate fee or fee waiver request
and in accordance with the form
instructions. Upon approval of a Form
I–485, USCIS will issue a notice of
approval, instructing the applicant to go
to a local USCIS office or Application
Support Center to complete Form I–89,
which collects the necessary
information to produce the Form I–551.
The notice of approval also will inform
the applicant how to obtain temporary
evidence of lawful permanent resident
status. USCIS will record the alien’s
admission for lawful permanent
residence as of the date of such
approval. New 8 CFR 245.24(i)(2)(i).
If either the Form I–929 or the Form
I–485 is denied, USCIS will notify the
applicant in writing of the reasons for
the denial and of the opportunity to
appeal the decision to the USCIS
Administrative Appeals Office. New 8
CFR 245.24(i)(2)(ii). Because qualifying
family members’ applications depend
on approval of the principal applicant’s
adjustment application, this rule also
provides that denial of the U–1
principal applicant’s application will
result in the automatic denial of a
qualifying family member’s application.
Id.
4. Fee To Be Charged for Form I–929,
Petition for Qualifying Family Member
of a U–1 Nonimmigrant
USCIS is proposing to charge a fee to
recover the costs incurred to adjudicate

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the petitions for qualifying family
members of U–1 nonimmigrants. USCIS
is authorized by law to recover the full
cost of processing every Form I–929.
However, the resources required to
deliver this benefit are difficult to
estimate due to the small number of
potential applicants and the differing
level of complexity involved in the
determination of each application.
To determine a reasonable fee, USCIS
reviewed the requirements of other
programs that provide special benefits
to the same or similar user populations
as the new Form I–929. Information on
other forms, such as the quantity of
information that must be researched,
collected, completed, submitted, and
analyzed were used as an indication of
the resources expended by USCIS to
deliver the benefit. Those indicators
were compared with that of the Form
I–929 to arrive at a fee for the Form
I–929.
The reasonable fee for USCIS to
charge a petitioner for adjudication of a
Form I–929 was calculated using several
methods. For ease of administration,
USCIS has decided to charge the same
fee for each Form I–929. The one fee
policy will be revisited if inequities to
certain groups are noted. The analysis
indicated that USCIS should collect a
fee of $215 for each Form I–929
adjudication. A copy of the detailed fee
determination is available from USCIS
upon request. USCIS recognizes that
some applicants for adjustment of status
may be unable to pay the full
application fee. Applicants who are
financially unable to pay the application
fee may submit an application for a fee
waiver, as outlined in 8 CFR 103.7(c).
The granting of a fee waiver will be at
the sole discretion of USCIS. Further
guidance on USCIS fee waivers can be
found on the USCIS Web site currently
at http://www.uscis.gov/feewaiver.
E. Traveling While Application for
Adjustment of Status Is Pending
U nonimmigrants who are applying
for adjustment of status, and who are
not under exclusion, deportation, or
removal proceedings, must follow the
generally applicable rule that an
applicant with a pending adjustment of
status application must obtain advance
parole from USCIS. 8 CFR
245.2(a)(4)(ii)(B). Advance parole can be
requested by completing and filing
Form I–131, Application for Travel
Document, in accordance with the
instructions on the form, or any other
appropriate form, before departing the
United States. New 8 CFR 245.24(j),
245.2(a)(4)(ii)(B). If such an applicant
fails to acquire advance parole prior to
departure, USCIS will deem the

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application for adjustment of status
abandoned as of the moment of
departure from the United States. If the
adjustment of status application of such
an individual is subsequently denied,
he or she will be treated as an applicant
for admission subject to sections 212
and 235 of the Act, 8 U.S.C. 1182, 1225.
Id. If a U nonimmigrant applying for
adjustment of status is under exclusion,
deportation, or removal proceedings,
USCIS will deem the application for
adjustment of status abandoned as of the
moment of the applicant’s departure
from the United States if the applicant
failed to acquire advance parole prior to
departure. New 8 CFR 245.24(j),
245.2(a)(4)(ii)(A).
F. Employment Authorization While
Adjustment of Status Application Is
Pending
Applicants for adjustment of status
under section 245(m) of the Act may
apply for employment authorization on
the basis of 8 CFR 274a.12(c)(9).
Applicants must submit a Form I–765,
Application for Employment
Authorization, in accordance with the
form instructions.
G. Application and Biometric Services
As stated above, section 286(m) of the
Act, 8 U.S.C. 1356(m), requires that
USCIS collect fees to recover the cost of
providing certain immigration and
naturalization benefits.
The required fee for filing an
Application to Register Permanent
Residence or Adjust Status (Form I–485)
is listed at 8 CFR 103.7(b). USCIS
recognizes that some applicants for
adjustment of status may be unable to
pay the full application fee. Applicants
who are financially unable to pay the
application fee may submit an
application for a fee waiver as outlined
in 8 CFR 103.7(c). The decision whether
to grant a fee waiver lies within the sole
discretion of USCIS. Further guidance
on fee waivers can be found on the
USCIS Web site currently at http://
www.uscis.gov/graphics/formsfee/
forms/index.htm.
In addition to the filing fee for the
Form I–485, applicants must submit the
established fee for biometric services, or
a fee waiver request, for each person age
14 through 79 inclusive. New 8 CFR
245.24(d)(3). This fee can also be found
at 8 CFR 103.7(b).
V. Regulatory Requirements
A. Administrative Procedure Act
USCIS has determined that delaying
the effect of this rule during the period
of public comment would be
impracticable and contrary to the public

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interest. This rule is being published as
an interim final rule and is effective 30
days after publication. USCIS invites
comments and will address those
comments in the final rule.
If the implementation of the
provisions of this rule were delayed
pending public comments, many aliens
could be required to depart the United
States because of the automatic
termination of their nonimmigrant
status even though they would become
eligible for adjustment of status upon
promulgation of this rule.
An interim rule, New Classification
for Victims of Severe Forms of
Trafficking in Persons; Eligibility for
‘‘T’’ Nonimmigrant Status, provided for
T nonimmigrant status. 67 FR 4784 (Jan.
31, 2002). As stated above, a T
nonimmigrant’s failure to timely apply
for adjustment of status will result in
termination of that T status at the end
of that 4-year period unless the T status
is extended because law enforcement
certifies that the presence of the alien in
the United States is necessary to assist
in an investigation or prosecution. See
INA sec. 214(o)(7)(B), 8 U.S.C. 1184
(o)(7)(B). Currently, approximately 330
principal T–1 nonimmigrants have been
in T nonimmigrant status for more than
3 years and therefore are eligible to
apply for adjustment of status under this
rule immediately upon its effective date.
There is a risk that the 4-year limitation
for T nonimmigrant status will run out
for these aliens, resulting in termination
of T nonimmigrant status. Therefore,
USCIS has determined that this rule
needs to become effective as soon as
possible to ensure that these aliens can
apply for adjustment of status and avoid
falling out of lawful immigration status.
Likewise, U nonimmigrants may
apply for adjustment of status after they
have been in lawful U nonimmigrant
status for at least 3 years. See INA
sections 101(a)(15)(U), 214(p), and
245(m); 8 U.S.C. 1101(a)(15)(U),
1184(p), and 1255(m). The interim final
rule implementing U nonimmigrant
classification was recently published. 72
FR 53014 (Sept. 17, 2007). A U
nonimmigrant is eligible to apply for
adjustment of status if the alien was
admitted in either U–1, U–2, U–3, U–4,
or U–5 nonimmigrant status and has
continuous physical presence for at
least 3 years. New 8 CFR 245.24.
Currently, there are approximately 5,000
aliens who were granted interim
benefits before they could apply for U
nonimmigrant status. These aliens were
deemed prima facie eligible for U
nonimmigrant status prior to
publication of the regulations for U
nonimmigrant status. The U-visa rule
provides that the time spent in interim

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relief will count toward the 3 years of
physical presence required for
adjustment of status purposes, 8 CFR
214.14(a)(13), and U nonimmigrant
status will be granted as of the date that
a request for U interim relief was
initially approved, 8 CFR 214.14(c)(6).
USCIS estimates that 2,100 of the 5,412
aliens currently granted interim benefits
pending publication of the U
nonimmigrant regulations will have
been in the United States for 3 years
when this rule is published. Therefore,
a similar problem exists for those
granted U nonimmigrant status as with
T nonimmigrants if the effective date of
this rule is delayed pending public
notice and comment.
B. Regulatory Flexibility Act
DHS has reviewed this rule in
accordance with the Regulatory
Flexibility Act, 5 U.S.C. 605(b), and, by
approving it, certifies that this rule will
not have a significant economic impact
on a substantial number of small entities
because of the following factors. The
rule applies to individuals, not small
entities, and allows certain aliens who
are victims of severe forms of trafficking
in persons or victims of crimes listed in
section 101(a)(15)(U) of the Act to adjust
their status to lawful permanent
residents; it has no effect on small
entities as that term is defined in 5
U.S.C. 601(6).
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 it 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.

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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 Act of
1996. This rule 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 U.S.-based companies
to compete with foreign-based
companies in domestic and export
markets.

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E. Executive Order 12866 (Regulatory
Planning and Review)
This rulemaking is a ‘‘significant’’
regulatory action under Executive Order
12866. As required by section 6(a)(3)(C)
of the Executive Order, USCIS prepared
an assessment of the benefits and costs
anticipated to occur as a result of this
rule for the Office of Management and
Budget.
The VTVPA was intended to combat
trafficking in persons with preventative
measures, prosecution of traffickers, and
protection of victims. USCIS adjudicates
applications for immigration benefits
filed by victims of a severe form of
trafficking in persons and other
specified crimes. According to findings
from the National Crime Victimization
Survey, in 2005, U.S. residents age 12 or
older experienced approximately 23
million crimes; 22% (5.2 million) were
crimes of violence. For every 1,000
persons age 12 or older, there occurred:
1 rape or sexual assault, 1 assault with
injury, and 3 robberies. However, only
49.9 percent of all violent crimes are
reported to police.2 Aliens, especially
those without legal immigration status,
are often reluctant to help in the
investigation or prosecution of those
crimes. And, while there is no specific
data on alien victims of crime,
demographic statistics indicate that
aliens may be victimized at even higher
rates than citizens. For example, in
2005, persons in households with an
annual income under $7,500
experienced higher rates of robbery and
assault than persons in households with
higher income levels. In addition,
Hispanics were victims of overall
violence at a rate higher than nonHispanics, making up 15% of all violent
crime victims, but only 13% of the
population. U visas are intended, in
part, to help overcome this reluctance to
aid in law enforcement.
As of May 2004, the U.S. Government
estimated that 14,500 to 17,500 people
are trafficked annually into the United
States and 600,000 to 800,000 are
trafficked globally. Also, 80 percent of
trafficking victims are female, 70
percent of those are trafficked for
commercial sex, and most victims
trafficked to the U.S. come from East
Asia and the Pacific.
1. Economic Impacts—Fees
This rule and the VTVPA, as
amended, are intended to enhance the
ability of law enforcement and to
advance humanitarian goals. The main
benefits of a rule change imposed by
2 U.S. Department of Justice, Office of Justice
Programs, Bureau of Justice Statistics, Criminal
Victimization, http://www.ojp.gov/bjs/cvictgen.htm.

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Congress to address such concerns tend
to be intangible. Nonetheless, DHS has
assessed both the costs and benefits of
this rule and they are as follows:
USCIS uses fees to fund the cost of
processing applications and associated
support benefits, providing benefits to
asylum and refugee applicants, and
providing benefits to other immigrants
at no charge. The fees to be collected as
a result of this rule will be
approximately $2,955,880 in the first
year after this rule is published,
$1,932,880 in the second year, and
average about $32,472,880 per year in
the third and subsequent years. To
estimate the new fee collections to be
generated by this rule, USCIS estimated
the fees to be collected for new
applications for adjustment of status
from T and U nonimmigrants and their
eligible family members. After that, we
estimated fees from associated
applications that are required such as
biometrics, and others that are likely to
occur in direct connection with
applications for adjustment, such as
employment authorization or travel
authorization.
T adjustment. Currently, there are 787
persons with T nonimmigrant status as
principals (T–1) and 682 in the United
States who are derivatives (relatives) of
the principal (T–2, T–3, T–4, T–5), for
a total of 1,469 persons with T visas.
Primary T–1. Approximately 330 T–1
nonimmigrants have been in such status
for 3 years and are therefore eligible to
apply for adjustment of status to that of
a lawful permanent resident under this
rule. Thus, at least those 330 T–1
nonimmigrants are expected to apply for
adjustment of status in the year after
this rule takes effect. The fee for Form
I–485 is $930.3 Thus, an estimated
annual fee collection of $306,900 for
adjustment for T status for primary T
nonimmigrants will result directly from
this rule. The numbers of applications
and fees collected are expected to be
similar in future years.
Derivatives. Of the 682 derivatives of
the principal (T–2, T–3, T–4, T–5
nonimmigrants), it is estimated that 286
have been in the country for 3 years or
more, using the same ratio of T–1
nonimmigrants who have been in the
U.S. for 3 years (330 of 787, or 42%). As
a result, 286 primary T–1 derivatives are
eligible and will apply for adjustment of
status under this rule. This would result
in fees collected from applications for
adjustment of status for T–1 derivative
nonimmigrants of $265,980 in the first
3 Children under 14 applying with a parent must
pay $600 and the fee is waivable for certain
applicants, but for this analysis, no adjustments are
made in this analysis for any fee waivers or reduced
fees for children under 14.

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year this interim rule is effective (286 ×
$930 Form I–485 fee). This figure is
expected to be similar in future years.
U-adjustment (U–1). In the supporting
documents for the rule ‘‘New
Classification for Victims of Criminal
Activity; Eligibility for ‘U’
Nonimmigrant Status’’ (‘‘U-visa rule’’),
USCIS estimated that approximately
12,000 people will apply for U
nonimmigrant status in the first year
after that rule is effective. However, no
more than 10,000 principal aliens may
be granted U nonimmigrant status in a
given fiscal year (October 1 through
September 30). For the purposes of this
rule and this accompanying analysis,
USCIS estimates that the 10,000 cap will
be reached each year. USCIS also
estimates that every U nonimmigrant
will apply for adjustment of status as
soon as he or she can, if they can and
if still in the country, following
publication of this interim rule. Thus,
USCIS expects that 10,000 aliens will be
eligible to apply for adjustment of status
after they have been in U status for 3
years. USCIS estimates that each such
U–1 nonimmigrant will apply and
submit Form I–485, and the prescribed
fee, although most U adjustments will
not occur until 3 years after the U-visa
rule was effective. In year 3, therefore,
additional fees expected to be collected
by USCIS under this rule are $9,300,000
($930 fee for form I–485 × 10,000).
Results are expected to be similar in
subsequent years.
Interim relief. Approximately 5,412
people were granted deferred action and
work authorization benefits by USCIS
based on a determination that they were
prima facie eligible for U nonimmigrant
status prior to publication of the
regulations for U status. The U-visa rule
provides that the time spent in interim
relief will be counted toward the 3-year
physical presence required for
adjustment of status. Of those 5,412
people, USCIS estimates that 2,100 will
have been continuously present for 3
years when this rule is published; 1,000
more will qualify in year 2 of this rule
being effective. This will result in fee
income from petitions for U adjustments
of $1,953,000 (2,100 × $930) in year 1,
and $930,000 in year 2. The additional
1,312 will qualify in future years.
Derivatives (U–2). The 10,000 per
fiscal year limitation does not apply to
spouses, children, parents, and
unmarried siblings who are
accompanying or following to join the
principal alien victim. Thus, it is
estimated that relatives of U
nonimmigrants will apply for
adjustment of status approximately 3
years following the effective date of
their approval for U nonimmigrant

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status. USCIS estimates that each U
nonimmigrant will bring an average of
about two family members to the United
States and that those family members
will want to adjust their status when
they are eligible. The fee income
generated by the resulting 20,000
applicants each remitting a fee of $930
results in fee income of $18,600,000 in
year 3 after the rule becomes effective,
and thereafter.
Family members who are not U
nonimmigrants—‘‘Qualifying Family
Members.’’ New Form I–929, Petition for
Qualifying Family Member of a U–1
nonimmigrant, will be used by U
nonimmigrants to request derivative
benefits for qualifying family members
who never held U nonimmigrant status.
U nonimmigrants may also petition for
derivative status on behalf of resident
family members by submitting a Form
I–918, Supplement A, ‘‘Petition for
Qualifying Family Member of U–1
Recipient,’’ for each qualifying family
member either at the same time or after
filing his or her own Form I–918. To
apply for adjustment, U nonimmigrants
must submit Form I–485. For those
family members in the United States
who have never had U nonimmigrant
status, the U nonimmigrant may apply
for adjustment for those family members
by submitting Form I–929, after or
concurrently with their own request for
adjustment of status submitted on Form
I–485 with both fees, plus the biometric
services fee or fee waiver requests.
Family members never admitted to
the United States. Qualifying family
members who are present in the United
States may apply for immigrant visas on
behalf of qualifying family members
outside the United States. If the Form
I–929 is approved for such family
members, the family members may go to
a U.S. embassy or consulate to obtain
their immigrant visa. USCIS estimates
that 20,000 people will apply for
derivative U visas annually as
nonresidents, because the principal can
apply to bring a family member to the
United States as soon as the principal
applies for a U nonimmigrant visa. It is
logical that many aliens will do that on
their initial Forms I–918 rather than
wait until they apply for a visa or seek
to bring them to the United States after
they apply for adjustment of status.
Thus, it is estimated that only 2,000 of
the 20,000 people who will apply for U
visas will have family members who
apply for this benefit, and that they will
only apply for an average of one family
member each. Consequently, the new
Form I–929, ‘‘Petition for Qualifying
Family Member of a U–1
Nonimmigrant,’’ will result in
additional fee collections of about

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$430,000 per year, beginning in the first
year that this rule is in effect, and
continuing consistently thereafter.
Employment authorization. USCIS
charges no additional fee for an
employment authorization request by an
applicant who has paid the I–485 fee.
Thus, no fee income is estimated from
primary or secondary T or U
nonimmigrants applying for adjustment
of status under this rule for employment
authorizations.
Travel document. USCIS charges no
fee for an I–131 filed by an applicant
who has paid the Form I–485
application fee. Therefore, an I–131 fee
will only be charged to U derivatives
who will be submitting the new Form I–
929 without a concurrent Form I–485.
However, very few applicants are
expected to do so. Thus, no fee income
is estimated from Form I–131 as a result
of this rule.
Biometric services fees. USCIS will
collect a fee for biometrics services for
adjustment applications from T and U
nonimmigrants and their derivative
family members. For the purposes of
this analysis it is assumed that all of the
31,000 estimated applications submitted
per year under this rule will have to
submit biometrics. Also, all of the 2,000
estimated annual Forms I–929 are
estimated to require the collection of
biometrics and payment of the
applicable fee. The USCIS biometrics
services fee is $80. The resultant fee
income will be $2,480,000.
Waiver of grounds of inadmissibility.
T nonimmigrants who apply for
adjustment of status may need an
inadmissibility waiver before they may
be granted adjustment of status. As a
result, such applicants must submit
Form I–601, Application for Waiver of
Grounds of Inadmissibility, and pay the
applicable $545 fee or request a fee
waiver as outlined in 8 CFR 103.7(c).
USCIS estimates that this requirement
will apply to about 2,000
nonimmigrants who apply for
adjustment of status. Therefore, this will
result in additional fee collections per
year of $1,090,000.
2. Benefits
The benefits of this rule stem mainly
from an understanding of the problems
that this rule and the underlying
statutes are intended to address.
Trafficking. The U.S. government has
condemned human trafficking as an
affront to human dignity and a heinous
crime. By authorizing adjustment of
status for T and U nonimmigrants and
their eligible family members, this rule
is another step in the U.S. government’s
efforts to combat human trafficking in
the United States. Recent cases point

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out the magnitude of human trafficking,
efforts of law enforcement to combat the
problem, the personal toll it can take on
its victims, and the real need to address
the problem:
• In January 2008, Jimmie Lee Jones
was sentenced to serve 15 years on
federal charges of conspiring to engage
in sex trafficking and transporting
young women across state lines for
purposes of prostitution. Jones
conspired to force six victims, including
two juveniles, to engage in commercial
sex acts through force, fraud and
coercion. He lured and recruited the
minor and adult victims into
prostitution with promises of legitimate
modeling or exotic dancing work and
used physical violence, threats of
violence, deception, and other forms of
coercion to compel the victims to work
as prostitutes.
• In 2005 in New Jersey, at least 30
girls and young women—some as young
as 14—were smuggled from Honduras to
Hudson County, where they were forced
into virtual slavery in bars and beaten
if they tried to leave. On July 21, 2005,
ten members of this smuggling ring were
indicted. Subsequently, 3 traffickers
were sentenced to the maximum
sentence, 3 more traffickers have
entered guilty pleas and are awaiting
sentencing and four more are awaiting
trial in Honduras.
• In January 2004, Juan Carlos Soto
was sentenced to 23 years in prison for
smuggling women from Honduras and
El Salvador into the U.S., and forcing
them to stay in his so-called ‘‘safe
houses’’ until they had ‘‘worked off’’
their debt to him. During the day, these
women were forced to perform domestic
work, while at night they were
repeatedly raped and forced to provide
sexual services.
• In the largest trafficking case in U.S.
history, Kil Soo Lee ran the Daewoosa
garment factory in American Samoa.
The government charged that Kil
brought over 250 Vietnamese and
Chinese nationals into American Samoa,
mostly young women, to work as sewing
machine operators. Victims were held
for up to two years and forced to work
through extreme food deprivation,
beatings, and physical restraint. The
victims were held in barracks on a
guarded company compound,
threatened with confiscation of their
passports, deportation, economic
bankruptcy, severe economic hardship
to family members, false arrest, and
other consequences. On February 21,
2003, Kil was convicted of numerous
federal criminal violations, including
involuntary servitude, and was later
sentenced to 40 years in prison.

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• In 1997, the New York City Police
Department unearthed an immigrant
smuggling scheme involving as many as
62 deaf-mute Mexican immigrants who
had been persuaded to come to the
United States with promises of jobs.
These immigrants were forced to beg on
the streets of New York City for eighteen
hours a day, seven days a week and
meet a $600 per week quota. They were
subjected to beatings, electrocution,
mental abuse, and sexual molestation.
• In 1995, El Monte, California police
raided a garment factory and discovered
72 Thai nationals who had been lured
to the United States with promises of
employment, forced to work in a
garment shop up to eighteen hours a
day, seven days a week, and were paid
less than sixty cents an hour. The
owners restrained them by threats and
physical violence.
Moreover, human trafficking is often
intertwined with other illicit activities
such as fraud, extortion, racketeering,
money laundering, bribery of public
officials, drug trafficking, document
forgery, and gambling.
Authorizing adjustment of status for
such victims uses USCIS benefits as part
of a collaborative federal effort
incorporating immigration status issues,
which are often at the forefront of a
victim’s concern. The VTVPA, as
amended, takes a victim-centered
approach to addressing trafficking.
Trafficking victims are often reluctant to
testify due to fear of reprisals against
themselves or their family members, or
fear of removal from the United States
to countries where they can face
additional hardships, retribution, or
alienation. Additionally, trafficking
victims not familiar with their rights
may be afraid to report their abusers for
fear of their own detention, prosecution,
or deportation. This effort is coupled
with additional state and federal
criminal laws, government benefits,
services, and protections for victims.
By passing the VTVPA, and
subsequent amendments thereto,
Congress recognized that victims of
severe trafficking should be protected if
they assist in prosecution of the
traffickers, rather than be punished and
deported for unlawful entry, or
unauthorized employment. The
protections provided by this law
address the lack of legal rights,
protection, and access to the legal
system because of the illegal presence of
trafficking victims.
Violent crime. Congress created the U
nonimmigrant status (‘‘U visa’’) to
provide immigration protection to crime
victims who assist in the investigation
and prosecution of those crimes.
Although there are no specific data on

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alien crime victims, statistics
maintained by DOJ have shown that
aliens, especially those aliens without
legal status, are often reluctant to help
in the investigation or prosecution of
crimes. U visas are intended to help
overcome this reluctance and aid law
enforcement accordingly.
3. Costs
Government costs. This rule requires
no outlays of congressionallyappropriated funds. The requirements of
this rule and the associated benefits are
funded by fees collected from persons
requesting these benefits. The fees are
deposited into the Immigration
Examinations Fee Account. These fees
are used to fund the full cost of
processing immigration and
naturalization benefit applications and
petitions, biometric services, and
associated support services.
Paperwork costs. The T nonimmigrant
adjustment of status provisions of this
rule will increase the information
collection burden hours imposed on the
public. First, as indicated above, USCIS
estimates that 31,000 adjustment
applications will be received per year.
USCIS estimates that each applicant
will need an average of 7.25 hours to
complete and submit the information
required under this rule. Thus, the
public burden (in hours) will increase
by approximately 224,750 burden hours
as a result of the additional Forms I–485
that will be submitted as a result of this
rule.
By adding the new Form I–929, the U
nonimmigrant adjustment of status
provisions are estimated to add an
estimated 2,000 applicants per year to
the burden currently required for the U
visa program. USCIS estimates that it
will require an average of one hour per
applicant to complete and submit the
information required under this rule.
Thus, the public burden (in hours) will
increase by approximately 2,000 burden
hours as a result of the additional Forms
I–929 that will be submitted as a result
of this rule.
USCIS estimates that 13,000 U–2
nonimmigrants will apply for
employment authorization by
submitting Form I–765. The public
reporting burden for this form is
estimated to average 3 hours and 25
minutes per response. Thus, the public
burden will increase by approximately
44,417 hours as a result of the
additional Forms I–765 that will be
submitted as a result of this rule.
USCIS estimates that it also will
receive about 2,970 requests per year for
advance parole, on average, beginning
in the third year following the effective
date of this rule that would not be

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received otherwise. The public
reporting burden for Form I–131 is
estimated to average 55 minutes per
application. Thus, the public burden
will increase by approximately 2,723
burden hours as a result of the
additional Forms I–131 that will be
submitted as a result of this rule.
For the estimate of the per hour cost
of time spent on the forms resulting
from this rule, USCIS used the hourly
wage from the Bureau of Labor
Statistics, Employment Cost Trends,
Private Industry, All Workers, Wages
and Salaries, Cost of Compensation
(Cost per hour worked), Third Quarter,
2006. That figure is $18.04 per hour.
Thus, the paperwork burden that this
rule adds on the public is estimated to
cost respondents $4,940,976 in time
spent on preparing and submitting the
required information [$18.04 × 273,890
(224,750 + 2,000 + 44,417 + 2,723)].
4. Analysis of Alternatives
Some alternatives exist as costeffective means for administering the T
and U nonimmigrant adjustment
provisions from the standpoint of
government outlays and burden on
applicants. However, many alternatives
are not realistic if USCIS is to achieve
its legislative mandate and when
considered in the interest of consistency
with how the current T and U
nonimmigrant programs are
administered.
T nonimmigrant adjustment of status:
No more than 5,000 T–1 principal aliens
may have their status adjusted to that of
a lawful permanent resident in a given
fiscal year (October 1 through
September 30). This numerical
limitation does not apply to relatives in
derivative status who seek adjustment of
status. Therefore, the potential exists
that the number of approvable petitions
per fiscal year will exceed the numerical
limit (i.e., cap). However, USCIS has not
come close to reaching the cap in all of
the fiscal years combined since the T
nonimmigrant rule was promulgated 4.5
years ago. Since that time, only 787
aliens have been granted principal T–1
nonimmigrant status. Thus, it is
unlikely that the numerical cap will be
reached in any fiscal year in the near
future.
USCIS did not consider alternatives to
handling applications for adjustment of
status. Ease of administration dictates
that adjustment of status applications
from T nonimmigrants would be best
handled on a first in, first out basis,
because that is the way applications for
T status are currently handled. If
petitions are received after the limit is
reached, they will be reviewed to
determine whether they are approvable

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but for the numerical cap. Approvable
petitions reviewed after the numerical
cap has been reached will be placed on
a waiting list, and written notice will be
sent to the petitioners. Priority on the
waiting list will be based upon the date
on which the petition is filed. At the
beginning of the next fiscal year,
petitions on the waiting list will be
granted first. Advantages to this
approach include allowing the alien
victim to remain in the United States to
assist in the investigation or prosecution
of criminal activity. If petitions for
adjustment of status exceed the annual
cap, USCIS must maintain a waiting list;
however, that is not projected to occur.
Thus, incremental implementation and
additional alternatives were not
considered or analyzed.
U nonimmigrant adjustment of status:
The number of grants of U
nonimmigrant status that may be made
in a fiscal year is limited by an annual
cap of 10,000. In the U nonimmigrant
rule, USCIS decided to adjudicate
petitions on a first in, first out basis
with additional procedures for petitions
received after the numerical cap has
been reached. There are no numerical
caps on the applications for adjustment
of status for U nonimmigrants.
Therefore, adjustment of status
applications from U nonimmigrants and
their derivatives will be handled on a
first in, first out basis, with no
procedures for dealing with U
adjustment retrogression.4 Additional
alternatives that would have provided
that applications for adjustment of
status from U nonimmigrants would be
handled differently than those of U
nonimmigrants were not considered.
5. Summary
The provisions of this rule are
essential to the effective administration
of the T and U nonimmigrant
adjustment of status provisions. This
rule will further humanitarian interests
by protecting victims of human
trafficking and victims of other serious
crimes who have provided assistance to
U.S. law enforcement in the
investigation or prosecution of such
crimes. Also, this rule will strengthen
the ability of the law enforcement
agencies to investigate and prosecute
crimes by providing immigration
benefits to victims.
The estimated economic effects of this
rule are summarized as follows:
4 When visas are limited by statute, a petitioner’s
priority is determined by the date the petition was
filed and visas are often available only to applicants
whose priority dates are before a certain cut-off
date. This roll-back in priority dates is what is
commonly referred to as ‘‘visa number
retrogression.’’

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75555

• The estimated fees to be collected
as a result of this rule will be
approximately $2,955,880 in the first
year after this rule is published,
$1,932,880 in the second year, and an
average about $32,472,880 per year in
the third and subsequent years after
taking effect.
• No more than 5,000 T–1 principal
aliens may have their status adjusted to
that of a lawful permanent resident in
a given fiscal year, but this numerical
limitation does not apply to adjustment
of status of U nonimmigrants or
qualifying relatives of T or U
nonimmigrants.
• An estimated 330 T nonimmigrants
are expected to apply for adjustment of
status in the year following the effective
date of this rule.
• An estimated 286 family members
of T nonimmigrants are expected to
apply for adjustment of status in the
year following the effective date of this
rule.
• After the U nonimmigrant rule has
been in effect for 3 years, an estimated
10,000 principal U nonimmigrants are
expected to apply for adjustment of
status.
• An estimated 20,000 relatives of U
nonimmigrants will apply for
adjustment of status within
approximately 3 years following receipt
of derivative U nonimmigrant status.
• An estimated 2,000 aliens will
apply for immigrant visas or adjustment
of status under special provisions for
certain family members of aliens who
adjusted their status as U
nonimmigrants where the qualifying
family members are not physically
present in the United States or are in the
United States, but not currently in U
nonimmigrant status.
• With respect to the paperwork
burden on the public, this rule is
estimated to cost respondents
$4,940,976 in time spent on preparing
and submitting the required
information.
This rule requires no outlay of
congressionally-appropriated funds. All
costs will be covered by fees collected
by the agency.
F. Executive Order 13132 (Federalism)
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

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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.

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H. Family Assessment
I have reviewed this regulation and
determined that it may affect family
well-being as that term is defined in
section 654 of the Treasury General
Appropriations Act, 1999, Public Law
No. 105–277, Div. A. Accordingly, I
have assessed this action in accordance
with the criteria specified by section
654(c)(1). This regulation will positively
affect family well-being by encouraging
vulnerable individuals who have been
victims of a severe form of trafficking in
persons or other specified criminal
activity to report the trafficking and
criminal activity and to aid law
enforcement in the investigation and
prosecution of cases and by providing
critical assistance and benefits to
victims. Additionally, this regulation
provides the means for both victims and
qualified family members to adjust their
status to lawful permanent residence,
thereby ensuring family unity and
stability.
I. Paperwork Reduction Act of 1995
Under the Paperwork Reduction Act
of 1995, Public Law 104–13, 109 Stat.
163 (1995) (PRA), all Departments are
required to submit to the Office of
Management and Budget (OMB), for
review and approval, any reporting or
record-keeping requirements inherent in
a rule. The information collection
requirements contained in this rule have
been cleared by OMB under the
provisions of the Paperwork Reduction
Act. 44 U.S.C. Chapter 35; 5 CFR 1320.
Clearance numbers for these collections
are contained in 8 CFR 299.5, Display
Control Numbers and are noted herein.
Form I–131, Application for Travel
Document, OMB Control Number 1615–
0013; Form I–290B, Notice of Appeal to
the Administrative Appeals Office,
OMB Control Number 1615–0095; Form
I–485, Application to Register
Permanent Residence or Adjust Status,
OMB Control Number 1615–0023; Form
I–601, Application for Waiver of
Grounds of Excludability, OMB Control
Number 1615–0029; Form I–765,
Application for Employment
Authorization, OMB Control Number
1615–0040.
However, the current number of
respondents listed for these information
collections on the OMB’s inventory of
approved information collections will

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have to be increased to reflect the
increase in the number of respondents
and burden hours as a result of this rule.
In addition, since this rule requires
applicants submitting those forms to
pay the corresponding fees, the annual
costs for these information collections
will also increase. Accordingly, USCIS
has submitted an update for the annual
cost burden and number of respondents
using OMB’s automated Office of
Information and Regulatory Affairs
Consolidated Information System
(ROCIS).
Additionally, USCIS will make nonsubstantive minor edits to Forms I–131,
I–601, and I–765, to reflect the new
usage by T and U nonimmigrants
applying for adjustment of status. These
forms, with the minor edits, have been
submitted to OMB for review and
approval.
This interim rule permits certain T
and U nonimmigrants to adjust their
status to that of lawful permanent
residents. In addition to the evidence
required by Form I–485, this rule at 8
CFR 245.23(a) requires T adjustment
applicants to demonstrate continuous
physical presence in the United States
for a requisite period, good moral
character for a requisite period, and
continued cooperation with law
enforcement authorities or extreme
hardship, by supplying the evidence
outlined in 8 CFR 245.23(e)(2). For U
adjustment applicants, in addition to
the evidence required by Form I–485,
the rule at 8 CFR 245.24(a) requires
applicants to demonstrate continuous
physical presence for at least 3 years
and that they have not unreasonably
refused to provide assistance in the
criminal investigation or prosecution by
supplying the evidence outlined in 8
CFR 245.24(d)(1) and 245.24(e)(2).
These additional documentation
requirements are considered an
information collection and will be
included on new Supplement E to Form
I–485.
This rule also requires that U–1
nonimmigrants who are applying for
adjustment of status and wish to
petition for immigrant visas or lawful
permanent residence on behalf of family
members who have never held U
nonimmigrant status submit new Form
I–929, Petition for Qualifying Family
Member of a U–1 Nonimmigrant, with
fee in accordance with the instructions
on the form. This requirement is
considered a new information
collection.
Since this is an interim rule, these
information collections have been
submitted and approved by OMB under
the emergency review and clearance
procedures covered under the PRA.

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USCIS is requesting comments on these
two information collections until
February 10, 2009. When submitting
comments on the information
collection(s), your comments should
address one or more of the following
four points:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden of the
collection of information, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of the information on those
who are to respond, including through
the use of any and all appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, e.g., permitting electronic
submission of responses.
Overview of Information Collection
for Form I–485, and Supplement A, and
Supplement E:
a. Type of information collection:
Revision of currently approved
collection.
b. Title of Form/Collection:
Application to Register Permanent
Residence or Adjust Status.
c. Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form I–485,
and Supplement A and E; U.S.
Citizenship and Immigration Services.
d. Affected public who will be asked
or required to respond, as well as a brief
abstract: Individuals. Sections 245(l)
and (m) of the Act allow certain T and
U nonimmigrants to adjust status to that
of lawful permanent residents. This
interim rule designates Form I–485 as
the form for use by applicants for such
benefits. (Supplement A of Form I–485
is used by persons seeking to adjust
their status under the provisions of
section 245(i) of the Act and therefore
will not be used by T and U
nonimmigrants who are applying to
adjust their status.) Supplement E of
Form I–485 provides additional
instructions to T and U nonimmigrants
seeking to adjust their status and
includes documentation requirements
not found on Form I–485 itself. The
information collection is necessary in
order for USCIS to make a
determination that the eligibility
requirements and conditions are met
regarding the applicant.

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e. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: Form I–485—617,033
respondents at 6.25 hours per response,
Supplement A—3,888 respondents at
0.216 hours per response, Supplement
E—33,112 at 0.75 hours per response.
f. An estimate of the total of public
burden (in hours) associated with the
collection: Approximately 3,882,129
burden hours.
Overview of Information Collection
for Form I–929:
a. Type of information collection:
New information collection.
b. Title of Form/Collection: Petition
for Qualifying Family Member of a
U–1 Nonimmigrant.
c. Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form I–929;
U.S. Citizenship and Immigration
Services.
d. Affected public who will be asked
or required to respond, as well as a brief
abstract: Individuals. Section 245(m) of
the Act allows certain qualifying family
members who have never held U
nonimmigrant status to seek lawful
permanent residence or apply for
immigrant visas. Before such family
members may apply for adjustment of
status or seek immigrant visas, the
U–1 nonimmigrant who has been
granted adjustment of status must file an
immigrant petition on behalf of the
qualifying family member using Form
I–929. The information collection is
necessary in order for USCIS to make a
determination that the eligibility
requirements and conditions are met
regarding the qualifying family member.
e. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 2,000 respondents at 1 hour
per response.
f. An estimate of the total of public
burden (in hours) associated with the
collection: Approximately 2,000 burden
hours.
All comments and suggestions or
questions regarding additional
information should be directed to the
Department of Homeland Security, U.S.
Citizenship and Immigration Services,
Regulatory Management Division, 111
Massachusetts Avenue, NW., 3rd Floor,
Washington, DC 20529, Attention:
Chief, 202–272–8377.
List of Subjects
8 CFR Part 103
Administrative practice and
procedure, Authority delegations
(Government agencies), Freedom of

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information, Immigration, Privacy,
Reporting and recordkeeping
requirements, Surety bonds.
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 245
Aliens, Immigration, Reporting and
recordkeeping requirements.
8 CFR Part 299
Immigration, Reporting and
recordkeeping requirements.
■ Accordingly, chapter I of title 8 of the
Code of Federal Regulations is amended
as follows:
PART 103—POWERS AND DUTIES;
AVAILABILITY OF RECORDS

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N–470; Form N–565; Form N–600; Form
N–600K; and Form I–290B and motions
filed with U.S. Citizenship and
Immigration Services relating to the
specified forms in this paragraph (c);
and
(ii) Only in the case of an alien in
lawful nonimmigrant status under
sections 101(a)(15)(T) or (U) of the Act;
an applicant under section 209(b) of the
Act; an approved VAWA self-petitioner;
or an alien to whom section 212(a)(4) of
the Act does not apply with respect to
adjustment of status: Form I–485 and
Form I–601; and
(iii) Form I–192 and Form I–193 (only
in the case of an alien applying for
lawful nonimmigrant status under
sections 101(a)(15)(T) or (U)).
*
*
*
*
*
PART 212—DOCUMENTARY
REQUIREMENTS: NONIMMIGRANTS;
WAIVERS; ADMISSION OF CERTAIN
INADMISSIBLE ALIENS; PAROLE
3. The authority citation for part 212
continues to read as follows:

■

Authority: 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1187, 1225, 1226, 1227; 8 CFR part 2.

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; 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.

§ 212.18 Applications for waivers of
inadmissibility in connection with an
application for adjustment of status by T
nonimmigrant status holders.

■

2. Section 103.7 is amended by
revising the entry for Form I–601 and
adding the entry for ‘‘Form I–929’’ in
proper alpha-numeric sequence in
paragraph (b)(1), and revising paragraph
(c)(5) to read as follows:

■

§ 103.7

Fees.

*

*
*
*
*
(b) * * *
(1) * * *
Form I–601. For filing an application
for waiver of ground of
inadmissibility—$545.
*
*
*
*
*
Form I–929. For U–1 principal
applicant to submit for each qualifying
family member who plans to seek an
immigrant visa or adjustment of U
status—$215.
*
*
*
*
*
(c) * * *
(5) No fee relating to any application,
petition, appeal, motion, or request
made to U.S. Citizenship and
Immigration Services may be waived
under paragraph (c)(1) of this section
except for the following:
(i) Biometrics; Form I–90; Form I–751;
Form I–765; Form I–817; I–929; Form
N–300; Form N–336; Form N–400; Form

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4. Section 212.18 is added to read as
follows:

(a) Filing the waiver application. An
alien applying for a waiver of
inadmissibility under section 245(l)(2)
of the Act in connection with an
application for adjustment of status
under 8 CFR 245.23(a) or (b) must
submit:
(1) A completed Form I–485
application package;
(2) The appropriate fee in accordance
with 8 CFR 103.7(b)(1) or an application
for a fee waiver; and, as applicable,
(3) Form I–601, Application for
Waiver of Grounds of Excludability.
(b) Treatment of waiver application.
(1) USCIS may not waive an applicant’s
inadmissibility under sections 212(a)(3),
212(a)(10)(C), or 212(a)(10)(E) of the Act.
(2) If an applicant is inadmissible
under sections 212(a)(1) or (4) of the
Act, USCIS may waive such
inadmissibility if it determines that
granting a waiver is in the national
interest.
(3) If any other provision of section
212(a) renders the applicant
inadmissible, USCIS may grant a waiver
of inadmissibility if the activities
rendering the alien inadmissible were
caused by or were incident to the
victimization and USCIS determines
that it is in the national interest to waive

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the applicable ground or grounds of
inadmissibility.
(c) Other waivers. Nothing in this
section shall be construed as limiting an
alien’s ability to apply for any other
waivers of inadmissibility for which he
or she may be eligible.
(d) Revocation. The Secretary of
Homeland Security may, at any time,
revoke a waiver previously granted
through the procedures described in 8
CFR 103.5.
PART 214—NONIMMIGRANT CLASSES

8 CFR 245.23 shall remain eligible for
adjustment of status.
*
*
*
*
*
PART 245—ADJUSTMENT OF STATUS
TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
7. 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.

8. Section 245.23 is added to read as
follows:

■

5. 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), 1186a, 1187, 1221, 1281, 1282, 1301–
1305, 1372, 1379, 1731–32, section 643, Pub.
L. 104–208, 110 Stat. 3009–708; 48 U.S.C.
1901, note, and 1931 note; 8 CFR part 2.

6. Sections 214.11(p)(1) and (2) are
revised to read as follows:

■

§ 214.11 Alien victims of severe forms of
trafficking in persons.

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*

*
*
*
*
(p) Duration of T nonimmigrant
status.
(1) In general. An approved T
nonimmigrant status shall expire after 4
years from the date of approval. The
status may be extended if a Federal,
State, or local law enforcement official,
prosecutor, judge, or other authority
investigating or prosecuting activity
relating to human trafficking certifies
that the presence of the alien in the
United States is necessary to assist in
the investigation or prosecution of such
activity. At the time an alien is
approved for T nonimmigrant status or
receives an extension, USCIS shall
notify the alien when his or her
nonimmigrant status will expire. The
applicant shall immediately notify
USCIS of any changes in the applicant’s
circumstances that may affect eligibility
under section 101(a)(15)(T)(i) of the Act
and this section.
(2) Information pertaining to
adjustment of status. USCIS will notify
an alien granted T nonimmigrant status
of the requirement to timely apply for
adjustment of status, and that the failure
to apply for adjustment of status in
accordance with 8 CFR 245.23 will
result in termination of the alien’s T
nonimmigrant status at the end of the 4year period unless that status is
extended in accordance with paragraph
(p)(1) of this section. Aliens who
properly apply for adjustment of status
to that of a person admitted to
permanent residence in accordance with

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§ 245.23 Adjustment of aliens in T
nonimmigrant classification.

(a) Eligibility of principal T–1
applicants. Except as described in
paragraph (c) of this section, an alien
may be granted adjustment of status to
that of an alien lawfully admitted for
permanent residence, provided the
alien:
(1) Applies for such adjustment;
(2)(i) Was lawfully admitted to the
United States as a T–1 nonimmigrant, as
defined in 8 CFR 214.11(a)(2); and
(ii) Continues to hold such status at
the time of application, or accrued 4
years in T–1 nonimmigrant status and
files a complete application before April
13, 2009;
(3) Has been physically present in the
United States for a continuous period of
at least 3 years since the first date of
lawful admission as a T–1
nonimmigrant or has been physically
present in the United States for a
continuous period during the
investigation or prosecution of acts of
trafficking and the Attorney General has
determined that the investigation or
prosecution is complete, whichever
period of time is less; provided that if
the applicant has departed from the
United States for any single period in
excess of 90 days or for any periods in
the aggregate exceeding 180 days, the
applicant shall be considered to have
failed to maintain continuous physical
presence in the United States for
purposes of section 245(l)(1)(A) of the
Act;
(4) Is admissible to the United States
under the Act, or otherwise has been
granted a waiver by USCIS of any
applicable ground of inadmissibility, at
the time of examination for adjustment;
(5) Has been a person of good moral
character since first being lawfully
admitted as a T–1 nonimmigrant and
until USCIS completes the adjudication
of the application for adjustment of
status; and
(6)(i) Has, since first being lawfully
admitted as a T–1 nonimmigrant and

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until the conclusion of adjudication of
the application, complied with any
reasonable request for assistance in the
investigation or prosecution of acts of
trafficking, as defined in 8 CFR
214.11(a), or
(ii) Would suffer extreme hardship
involving unusual and severe harm
upon removal from the United States, as
provided in 8 CFR 214.11(i).
(b) Eligibility of derivative family
members. A derivative family member
of a T–1 nonimmigrant status holder
may be granted adjustment of status to
that of an alien lawfully admitted for
permanent residence, provided:
(1) The T–1 principal nonimmigrant
has applied for adjustment of status
under this section and meets the
eligibility requirements described under
subsection (a);
(2) The derivative family member was
lawfully admitted to the United States
in T–2, T–3, T–4, or T–5 nonimmigrant
status as the spouse, parent, sibling, or
child of a T–1 nonimmigrant, and
continues to hold such status at the time
of application;
(3) The derivative family member has
applied for such adjustment; and
(4) The derivative family member is
admissible to the United States under
the Act, or otherwise has been granted
a waiver by USCIS of any applicable
ground of inadmissibility, at the time of
examination for adjustment.
(c) Exceptions. An alien is not eligible
for adjustment of status under
paragraphs (a) or (b) of this section if:
(1) The alien’s T nonimmigrant status
has been revoked pursuant to 8 CFR
214.11(s);
(2) The alien is described in sections
212(a)(3), 212(a)(10)(C), or 212(a)(10)(E)
of the Act; or
(3) The alien is inadmissible under
any other provisions of section 212(a) of
the Act and has not obtained a waiver
of inadmissibility in accordance with 8
CFR 212.18 or 214.11(j). Where the
applicant establishes that the
victimization was a central reason for
the applicant’s unlawful presence in the
United States, section 212(a)(9)(B)(iii) of
the Act is not applicable, and the
applicant need not obtain a waiver of
that ground of inadmissibility. The
applicant, however, must submit with
the Form I–485 evidence sufficient to
demonstrate that the victimization
suffered was a central reason for the
unlawful presence in the United States.
To qualify for this exception, the
victimization need not be the sole
reason for the unlawful presence but the
nexus between the victimization and the
unlawful presence must be more than
tangential, incidental, or superficial.

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(d) Jurisdiction. USCIS shall
determine whether a T–1 applicant for
adjustment of status under this section
was lawfully admitted as a T–1
nonimmigrant and continues to hold
such status, has been physically present
in the United States during the requisite
period, is admissible to the United
States or has otherwise been granted a
waiver of any applicable ground of
inadmissibility, and has been a person
of good moral character during the
requisite period. The Attorney General
shall determine whether the applicant
received a reasonable request for
assistance in the investigation or
prosecution of acts of trafficking as
defined in 8 CFR 214.11(a), and, if so,
whether the applicant complied in such
request. If the Attorney General
determines that the applicant failed to
comply with any reasonable request for
assistance, USCIS shall deny the
application for adjustment of status
unless USCIS finds that the applicant
would suffer extreme hardship
involving unusual and severe harm
upon removal from the United States.
(e) Application.
(1) General. Each T–1 principal
applicant and each derivative family
member who is applying for adjustment
of status must file Form I–485,
Application to Register Permanent
Residence or Adjust Status, and
(i) Accompanying documents, in
accordance with the form instructions;
(ii) The fee prescribed in 8 CFR
103.7(b)(1) or an application for a fee
waiver;
(iii) The biometric services fee
prescribed by 8 CFR 103.7(b)(1) or an
application for a fee waiver;
(iv) A photocopy of the alien’s Form
I–797, Notice of Action, granting T
nonimmigrant status;
(v) A photocopy of all pages of the
alien’s most recent passport or an
explanation of why the alien does not
have a passport;
(vi) A copy of the alien’s Form I–94,
Arrival-Departure Record; and
(vii) Evidence that the applicant was
lawfully admitted in T nonimmigrant
status and continues to hold such status
at the time of application. For T
nonimmigrants who traveled outside the
United States and re-entered using an
advance parole document issued under
8 CFR 245.2(a)(4)(ii)(B), the date that the
alien was first admitted in lawful T
status will be the date of admission for
purposes of this section, regardless of
how the applicant’s Form I–94 ‘‘ArrivalDeparture Record’’ is annotated.
(2) T–1 principal applicants. In
addition to the items in paragraph (e)(1)
of this section, T–1 principal applicants
must submit:

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(i) Evidence, including an affidavit
from the applicant and a photocopy of
all pages of all of the applicant’s
passports valid during the required
period (or equivalent travel document or
a valid explanation of why the applicant
does not have a passport), that he or she
has been continuously physically
present in the United States for the
requisite period as described in
paragraph (a)(2) of this section.
Applicants should submit evidence
described in 8 CFR 245.22. A signed
statement from the applicant attesting to
the applicant’s continuous physical
presence alone will not be sufficient to
establish this eligibility requirement. If
additional documentation is not
available, the applicant must explain
why in an affidavit and provide
additional affidavits from others with
first-hand knowledge who can attest to
the applicant’s continuous physical
presence by specific facts.
(A) If the applicant has departed from
and returned to the United States while
in T–1 nonimmigrant status, the
applicant must submit supporting
evidence showing the dates of each
departure from the United States and
the date, manner and place of each
return to the United States.
(B) Applicants applying for
adjustment of status under this section
who have less than 3 years of
continuous physical presence while in
T–1 nonimmigrant status must submit a
document signed by the Attorney
General or his designee, attesting that
the investigation or prosecution is
complete.
(ii) Evidence of good moral character
in accordance with paragraph (g) of this
section; and
(iii)(A) Evidence that the alien has
complied with any reasonable request
for assistance in the investigation or
prosecution of the trafficking as
described in paragraph (f)(1) of this
section since having first been lawfully
admitted in T–1 nonimmigrant status
and until the adjudication of the
application; or
(B) Evidence that the alien would
suffer extreme hardship involving
unusual and severe harm if removed
from the United States as described in
paragraph (f)(2) of this section.
(3) Evidence relating to discretion.
Each T applicant bears the burden of
showing that discretion should be
exercised in his or her favor. Where
adverse factors are present, an applicant
may offset these by submitting
supporting documentation establishing
mitigating equities that the applicant
wants USCIS to consider. Depending on
the nature of adverse factors, the
applicant may be required to clearly

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demonstrate that the denial of
adjustment of status would result in
exceptional and extremely unusual
hardship. Moreover, depending on the
gravity of the adverse factors, such a
showing might still be insufficient. For
example, only the most compelling
positive factors would justify a favorable
exercise of discretion in cases where the
applicant has committed or been
convicted of a serious violent crime, a
crime involving sexual abuse committed
upon a child, or multiple drug-related
crimes, or where there are security- or
terrorism-related concerns.
(f) Assistance in the investigation or
prosecution or a showing of extreme
hardship. Each T–1 principal applicant
must establish, to the satisfaction of the
Attorney General, that since having
been lawfully admitted as a T–1
nonimmigrant and up until the
adjudication of the application, he or
she complied with any reasonable
request for assistance in the
investigation or prosecution of the acts
of trafficking, as defined in 8 CFR
214.11(a), or establish, to the
satisfaction of USCIS, that he or she
would suffer extreme hardship
involving unusual and severe harm
upon removal from the United States.
(1) Each T–1 applicant for adjustment
of status under section 245(l) of the Act
must submit a document issued by the
Attorney General or his designee
certifying that the applicant has
complied with any reasonable requests
for assistance in the investigation or
prosecution of the human trafficking
offenses during the requisite period; or
(2) In lieu of showing continued
compliance with requests for assistance,
an applicant may establish, to the
satisfaction of USCIS, that he or she
would suffer extreme hardship
involving unusual and severe harm
upon removal from the United States.
The hardship determination will be
evaluated on a case-by-case basis, in
accordance with the factors described in
8 CFR 214.11(i). Where the basis for the
hardship claim represents a
continuation of the hardship claimed in
the application for T nonimmigrant
status, the applicant need not redocument the entire claim, but rather
may submit evidence to establish that
the previously established hardship is
ongoing. However, in reaching its
decision regarding hardship under this
section, USCIS is not bound by its
previous hardship determination made
under 8 CFR 214.11(i).
(g) Good moral character. A T–1
nonimmigrant applicant for adjustment
of status under this section must
demonstrate that he or she has been a
person of good moral character since

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first being lawfully admitted as a T–1
nonimmigrant and until USCIS
completes the adjudication of their
applications for adjustment of status.
Claims of good moral character will be
evaluated on a case-by-case basis, taking
into account section 101(f) of the Act
and the standards of the community.
The applicant must submit evidence of
good moral character as follows:
(1) An affidavit from the applicant
attesting to his or her good moral
character, accompanied by a local police
clearance or a state-issued criminal
background check from each locality or
state in the United States in which the
applicant has resided for 6 or more
months during the requisite period in
continued presence or T–1
nonimmigrant status.
(2) If police clearances, criminal
background checks, or similar reports
are not available for some or all
locations, the applicant may include an
explanation and submit other evidence
with his or her affidavit.
(3) USCIS will consider other credible
evidence of good moral character, such
as affidavits from responsible persons
who can knowledgeably attest to the
applicant’s good moral character.
(4) An applicant who is under 14
years of age is generally presumed to be
a person of good moral character and is
not required to submit evidence of good
moral character. However, if there is
reason to believe that an applicant who
is under 14 years of age may lack good
moral character, USCIS may require
evidence of good moral character.
(h) Filing and decision. An
application for adjustment of status
from a T nonimmigrant under section
245(l) of the Act shall be filed with the
USCIS office identified in the
instructions to Form I–485. Upon
approval of adjustment of status under
this section, USCIS will record the
alien’s lawful admission for permanent
residence as of the date of such approval
and will notify the applicant in writing.
Derivative family members’ applications
may not be approved before the
principal applicant’s application is
approved.
(i) Denial. If the application for
adjustment of status or the application
for a waiver of inadmissibility is denied,
USCIS will notify the applicant in
writing of the reasons for the denial and
of the right to appeal the decision to the
Administrative Appeals Office (AAO)
pursuant to the AAO appeal procedures
found at 8 CFR 103.3. Denial of the T–
1 principal applicant’s application will
result in the automatic denial of a
derivative family member’s application.
(j) Effect of Departure. If an applicant
for adjustment of status under this

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section departs the United States, he or
she shall be deemed to have abandoned
the application, and it will be denied. If,
however, the applicant is not under
exclusion, deportation, or removal
proceedings, and he or she filed a Form
I–131, Application for Travel Document,
in accordance with the instructions on
the form, or any other appropriate form,
and was granted advance parole by
USCIS for such absences, and was
inspected and paroled upon returning to
the United States, he or she will not be
deemed to have abandoned the
application. If the adjustment of status
application of such an individual is
subsequently denied, he or she will be
treated as an applicant for admission
subject to sections 212 and 235 of the
Act. If an applicant for adjustment of
status under this section is under
exclusion, deportation, or removal
proceedings, USCIS will deem the
application for adjustment of status
abandoned as of the moment of the
applicant’s departure from the United
States.
(k) Inapplicability of 8 CFR 245.1 and
245.2. Sections 245.1 and 245.2 of this
chapter do not apply to aliens seeking
adjustment of status under this section.
(l) Annual cap of T–1 principal
applicant adjustments. (1) General. The
total number of T–1 principal applicants
whose status is adjusted to that of
lawful permanent residents under this
section may not exceed the statutory cap
in any fiscal year.
(2) Waiting list. All eligible applicants
who, due solely to the limit imposed in
section 245(l)(4) of the Act and
paragraph (m)(1) of this section, are not
granted adjustment of status will be
placed on a waiting list. USCIS will
send the applicant written notice of
such placement. Priority on the waiting
list will be determined by the date the
application was properly filed, with the
oldest applications receiving the highest
priority. In the following fiscal year,
USCIS will proceed with granting
adjustment of status to applicants on the
waiting list who remain admissible and
eligible for adjustment of status in order
of highest priority until the available
numbers are exhausted for the given
fiscal year. After the status of qualifying
applicants on the waiting list has been
adjusted, any remaining numbers for
that fiscal year will be issued to new
qualifying applicants in the order that
the applications were properly filed.
■ 9. Section 245.24 is added to read as
follows:
§ 245.24 Adjustment of aliens in U
nonimmigrant status.

(a) Definitions. As used in this
section, the term:

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(1) Continuous Physical Presence
means the period of time that the alien
has been physically present in the
United States and must be a continuous
period of at least 3 years since the date
of admission as a U nonimmigrant
continuing through the date of the
conclusion of adjudication of the
application for adjustment of status. If
the alien has departed from the United
States for any single period in excess of
90 days or for any periods in the
aggregate exceeding 180 days, the
applicant must include a certification
from the agency that signed the Form
I–918, Supplement B, in support of the
alien’s U nonimmigrant status that the
absences were necessary to assist in the
criminal investigation or prosecution or
were otherwise justified.
(2) Qualifying Family Member means
a U–1 principal applicant’s spouse,
child, or, in the case of an alien child,
a parent who has never been admitted
to the United States as a nonimmigrant
under sections 101(a)(15)(U) and 214(p)
of the Act.
(3) U Interim Relief means deferred
action and work authorization benefits
provided by USCIS or the Immigration
and Naturalization Service to applicants
for U nonimmigrant status deemed
prima facie eligible for U nonimmigrant
status prior to publication of the U
nonimmigrant status regulations.
(4) U Nonimmigrant means an alien
who is in lawful U–1, U–2, U–3, U–4,
or U–5 status.
(5) Refusal to Provide Assistance in a
Criminal Investigation or Prosecution is
the refusal by the alien to provide
assistance to a law enforcement agency
or official that had responsibility for the
investigation or prosecution of persons
in connection with the qualifying
criminal activity after the alien was
granted U nonimmigrant status. The
Attorney General will determine
whether the alien’s refusal was
unreasonable under the totality of the
circumstances based on all available
affirmative evidence. The Attorney
General may take into account such
factors as general law enforcement,
prosecutorial, and judicial practices; the
kinds of assistance asked of other
victims of crimes involving an element
of force, coercion, or fraud; the nature
of the request to the alien for assistance;
the nature of the victimization; the
applicable guidelines for victim and
witness assistance; and the specific
circumstances of the applicant,
including fear, severe traumatization
(both mental and physical), and the age
and maturity of the applicant.
(b) Eligibility of U Nonimmigrants.
Except as described in paragraph (c) of
this section, an alien may be granted

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adjustment of status to that of an alien
lawfully admitted for permanent
residence, provided the alien:
(1) Applies for such adjustment;
(2)(i) Was lawfully admitted to the
United States as either a U–1, U–2, U–
3, U–4 or U–5 nonimmigrant, as defined
in 8 CFR 214.1(a)(2), and
(ii) Continues to hold such status at
the time of application; or accrued at
least 4 years in U interim relief status
and files a complete adjustment
application within 120 days of the date
of approval of the Form I–918, Petition
for U Nonimmigrant Status;
(3) Has continuous physical presence
for 3 years as defined in paragraph (a)(1)
of this section;
(4) Is not inadmissible under section
212(a)(3)(E) of the Act;
(5) Has not unreasonably refused to
provide assistance to an official or law
enforcement agency that had
responsibility in an investigation or
prosecution of persons in connection
with the qualifying criminal activity
after the alien was granted U
nonimmigrant status, as determined by
the Attorney General, based on
affirmative evidence; and
(6) Establishes to the satisfaction of
the Secretary that the alien’s presence in
the United States is justified on
humanitarian grounds, to ensure family
unity, or is in the public interest.
(c) Exception. An alien is not eligible
for adjustment of status under paragraph
(b) of this section if the alien’s U
nonimmigrant status has been revoked
pursuant to 8 CFR 214.14(h).
(d) Application Procedures for U
nonimmigrants. Each U nonimmigrant
who is requesting adjustment of status
must submit:
(1) Form I–485, Application to
Register Permanent Residence or Adjust
Status, in accordance with the form
instructions;
(2) The fee prescribed in 8 CFR
103.7(b)(1) or an application for a fee
waiver;
(3) The biometric services fee as
prescribed in 8 CFR 103.7(b)(1) or an
application for a fee waiver;
(4) A photocopy of the alien’s Form
I–797, Notice of Action, granting U
nonimmigrant status;
(5) A photocopy of all pages of all of
the applicant’s passports valid during
the required period (or equivalent travel
document or a valid explanation of why
the applicant does not have a passport)
and documentation showing the
following:
(i) The date of any departure from the
United States during the period that the
applicant was in U nonimmigrant
status;
(ii) The date, manner, and place of
each return to the United States during

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the period that the applicant was in U
nonimmigrant status; and
(iii) If the applicant has been absent
from the United States for any period in
excess of 90 days or for any periods in
the aggregate of 180 days or more, a
certification from the investigating or
prosecuting agency that the absences
were necessary to assist in the
investigation or prosecution of the
criminal activity or were otherwise
justified;
(6) A copy of the alien’s Form I–94,
Arrival-Departure Record;
(7) Evidence that the applicant was
lawfully admitted in U nonimmigrant
status and continues to hold such status
at the time of application;
(8) Evidence pertaining to any request
made to the alien by an official or law
enforcement agency for assistance in an
investigation or prosecution of persons
in connection with the qualifying
criminal activity, and the alien’s
response to such request;
(9) Evidence, including an affidavit
from the applicant, that he or she has
continuous physical presence for at
least 3 years as defined in paragraph
(a)(1) of this section. Applicants should
submit evidence described in 8 CFR
245.22. A signed statement from the
applicant attesting to continuous
physical presence alone will not be
sufficient to establish this eligibility
requirement. If additional
documentation is not available, the
applicant must explain why in an
affidavit and provide additional
affidavits from others with first-hand
knowledge who can attest to the
applicant’s continuous physical
presence by specific:
(10) Evidence establishing that
approval is warranted. Any other
information required by the instructions
to Form I–485, including whether
adjustment of status is warranted as a
matter of discretion on humanitarian
grounds, to ensure family unity, or is
otherwise in the public interest.
(11) Evidence relating to discretion.
An applicant has the burden of showing
that discretion should be exercised in
his or her favor. Although U adjustment
applicants are not required to establish
that they are admissible, USCIS may
take into account all factors, including
acts that would otherwise render the
applicant inadmissible, in making its
discretionary decision on the
application. Where adverse factors are
present, an applicant may offset these
by submitting supporting
documentation establishing mitigating
equities that the applicant wants USCIS
to consider when determining whether
or not a favorable exercise of discretion
is appropriate. Depending on the nature

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of the adverse factors, the applicant may
be required to clearly demonstrate that
the denial of adjustment of status would
result in exceptional and extremely
unusual hardship. Moreover, depending
on the gravity of the adverse factors,
such a showing might still be
insufficient. For example, USCIS will
generally not exercise its discretion
favorably in cases where the applicant
has committed or been convicted of a
serious violent crime, a crime involving
sexual abuse committed upon a child, or
multiple drug-related crimes, or where
there are security- or terrorism-related
concerns.
(e) Continued assistance in the
investigation or prosecution. Each
applicant for adjustment of status under
section 245(m) of the Act must provide
evidence of whether or not any request
was made to the alien to provide
assistance, after having been lawfully
admitted as a U nonimmigrant, in an
investigation or prosecution of persons
in connection with the qualifying
criminal activity, and his or her
response to any such requests.
(1) An applicant for adjustment of
status under section 245(m) of the Act
may submit a document signed by an
official or law enforcement agency that
had responsibility for the investigation
or prosecution of persons in connection
with the qualifying criminal activity,
affirming that the applicant complied
with (or did not unreasonably refuse to
comply with) reasonable requests for
assistance in the investigation or
prosecution during the requisite period.
To meet this evidentiary requirement,
applicants may submit a newly
executed Form I–918, Supplement B, ‘‘U
Nonimmigrant Status Certification.’’
(2) If the applicant does not submit a
document described in paragraph (e)(1)
of this section, the applicant may
submit an affidavit describing the
applicant’s efforts, if any, to obtain a
newly executed Form I–918,
Supplement B, or other evidence
describing whether or not the alien
received any request to provide
assistance in a criminal investigation or
prosecution, and the alien’s response to
any such request.
(i) The applicant should also include,
when possible, identifying information
about the law enforcement personnel
involved in the case and any
information, of which the applicant is
aware, about the status of the criminal
investigation or prosecution, including
any charges filed and the outcome of
any criminal proceedings, or whether
the investigation or prosecution was
dropped and the reasons.
(ii) If applicable, an applicant may
also provide a more detailed description

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of situations where the applicant
refused to comply with requests for
assistance because the applicant
believed that the requests for assistance
were unreasonable.
(3) In determining whether the
applicant has satisfied the continued
assistance requirement, USCIS or the
Department of Justice may at its
discretion contact the certifying agency
that executed the applicant’s original
Form I–918, Supplement B, ‘‘U
Nonimmigrant Status Certification’’ or
any other law enforcement agency.
(4) In accordance with procedures
determined by the Department of Justice
and the Department of Homeland
Security, USCIS will refer certain
applications for adjustment of status to
the Department of Justice for
determination of whether the applicant
unreasonably refused to provide
assistance in a criminal investigation or
prosecution. If the applicant submits a
document described in paragraph (e)(1)
of this section, USCIS will not refer the
application for consideration by the
Department of Justice absent
extraordinary circumstances. In other
cases, USCIS will only refer an
application to the Department of Justice
if an official or law enforcement agency
has provided evidence that the alien has
refused to comply with requests to
provide assistance in an investigation or
prosecution of persons in connection
with the qualifying criminal activity or
if there are other affirmative evidence in
the record suggesting that the applicant
may have unreasonably refused to
provide such assistance. In these
instances, USCIS will request that the
Department of Justice determine, based
on all available affirmative evidence,
whether the applicant unreasonably
refused to provide assistance in a
criminal investigation or prosecution.
The Department of Justice will have 90
days to provide a written determination
to USCIS, or where appropriate, request
an extension of time to provide such a
determination. After such time, USCIS
may adjudicate the application whether
or not the Department of Justice has
provided a response.
(f) Decision. The decision to approve
or deny a Form I–485 filed under
section 245(m) of the Act is a
discretionary determination that lies
solely within USCIS’s jurisdiction. After
completing its review of the application
and evidence, USCIS will issue a
written decision approving or denying
Form I–485 and notify the applicant of
this decision.
(1) Approvals. If USCIS determines
that the applicant has met the
requirements for adjustment of status
and merits a favorable exercise of

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discretion, USCIS will approve the
Form I–485. Upon approval of
adjustment of status under this section,
USCIS will record the alien’s lawful
admission for permanent residence as of
the date of such approval.
(2) Denials. Upon the denial of an
application for adjustment of status
under section 245(m) of the Act, the
applicant will be notified in writing of
the decision and the reason for the
denial in accordance with 8 CFR part
103. If an applicant chooses to appeal
the denial to the Administrative
Appeals Office pursuant to the
provisions of 8 CFR 103.3, the denial
will not become final until the appeal is
adjudicated.
(g) Filing petitions for qualifying
family members. A principal U–1
applicant may file an immigrant petition
under section 245(m)(3) of the Act on
behalf of a qualifying family member as
defined in paragraph (a)(2) of this
section, provided that:
(1) The qualifying family member has
never held U nonimmigrant status;
(2) The qualifying family relationship,
as defined in paragraph (a)(2) of this
section, exists at the time of the U–1
principal’s adjustment and continues to
exist through the adjudication of the
adjustment or issuance of the immigrant
visa for the qualifying family member;
(3) The qualifying family member or
the principal U–1 alien, would suffer
extreme hardship as described in 8 CFR
245.24(g) (to the extent the factors listed
are applicable) if the qualifying family
member is not allowed to remain in or
enter the United States; and
(4) The principal U–1 alien has
adjusted status to that of a lawful
permanent resident, has a pending
application for adjustment of status, or
is concurrently filing an application for
adjustment of status.
(h) Procedures for filing petitions for
qualifying family members.
(1) Required documents. For each
qualifying family member who plans to
seek an immigrant visa or adjustment of
status under section 245(m)(3) of the
Act, the U–1 principal applicant must
submit, either concurrently with, or
after he or she has filed, his or her Form
I–485:
(i) Form I–929 in accordance with the
form instructions;
(ii) The fee prescribed in 8 CFR
103.7(b)(1) or an application for a fee
waiver;
(iii) Evidence of the relationship
listed in paragraph (a)(2) of this section,
such as a birth or marriage certificate. If
primary evidence is unavailable,
secondary evidence or affidavits may be
submitted in accordance with 8 CFR
103.2(b)(2);

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(iv) Evidence establishing that either
the qualifying family member or the
U–1 principal alien would suffer
extreme hardship if the qualifying
family member is not allowed to remain
in or join the principal in the United
States. Extreme hardship is evaluated on
a case-by-case basis, taking into account
the particular facts and circumstances of
each case. Applicants are encouraged to
document all applicable factors in their
applications, as the presence or absence
of any one factor may not be
determinative in evaluating extreme
hardship. To establish extreme hardship
to a qualifying family member who is
physically present in the United States,
an applicant must demonstrate that
removal of the qualifying family
member would result in a degree of
hardship beyond that typically
associated with removal. Factors that
may be considered in evaluating
whether removal would result in
extreme hardship to the alien or to the
alien’s qualifying family member
include, but are not limited to:
(A) The nature and extent of the
physical or mental abuse suffered as a
result of having been a victim of
criminal activity;
(B) The impact of loss of access to the
United States courts and criminal
justice system, including but not limited
to, participation in the criminal
investigation or prosecution of the
criminal activity of which the alien was
a victim, and any civil proceedings
related to family law, child custody, or
other court proceeding stemming from
the criminal activity;
(C) The likelihood that the
perpetrator’s family, friends, or others
acting on behalf of the perpetrator in the
home country would harm the applicant
or the applicant’s children;
(D) The applicant’s needs for social,
medical, mental health, or other
supportive services for victims of crime
that are unavailable or not reasonably
accessible in the home country;
(E) Where the criminal activity
involved arose in a domestic violence
context, the existence of laws and social
practices in the home country that
punish the applicant or the applicant’s
child(ren) because they have been
victims of domestic violence or have
taken steps to leave an abusive
household;
(F) The perpetrator’s ability to travel
to the home country and the ability and
willingness of authorities in the home
country to protect the applicant or the
applicant’s children; and
(G) The age of the applicant, both at
the time of entry to the United States
and at the time of application for
adjustment of status; and

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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Rules and Regulations
(v) Evidence, including a signed
statement from the qualifying family
member and other supporting
documentation, to establish that
discretion should be exercised in his or
her favor. Although qualifying family
members are not required to establish
that they are admissible on any of the
grounds set forth in section 212(a) of the
Act other than on section 212(a)(3)(E) of
the Act, USCIS may take into account
all factors, including acts that would
otherwise render the applicant
inadmissible, in making its
discretionary decision on the
application. Where adverse factors are
present, an applicant may offset these
by submitting supporting
documentation establishing mitigating
equities that the applicant wants USCIS
to consider when determining whether
or not a favorable exercise of discretion
is appropriate. Depending on the nature
of the adverse factors, the applicant may
be required to clearly demonstrate that
the denial of adjustment of status would
result in exceptional and extremely
unusual hardship. Moreover, depending
on the gravity of the adverse factors,
such a showing might still be
insufficient. For example, USCIS will
generally not exercise its discretion
favorably in cases where the applicant
has committed or been convicted of a
serious violent crime, a crime involving
sexual abuse committed upon a child, or
multiple drug-related crimes, or where
there are security- or terrorism-related
concerns.
(2) Decision. The decision to approve
or deny a Form I–929 is a discretionary
determination that lies solely within
USCIS’s jurisdiction. The Form I–929
for a qualifying family member may not
be approved, however, until such time
as the principal U–1 applicant’s
application for adjustment of status has
been approved. After completing its
review of the application and evidence,
USCIS will issue a written decision and
notify the applicant of that decision in
writing.
(i) Approvals. (A) For qualifying
family members who are outside of the
United States, if the Form I–929 is
approved, USCIS will forward notice of
the approval either to the Department of
State’s National Visa Center so the
applicant can apply to the consular post
for an immigrant visa, or to the
appropriate port of entry for a visa
exempt alien.

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(B) For qualifying family members
who are physically present in the
United States, if the Form I–929 is
approved, USCIS will forward notice of
the approval to the U–1 principal
applicant.
(ii) Denials. If the Form I–929 is
denied, the applicant will be notified in
writing of the reason(s) for the denial in
accordance with 8 CFR part 103. If an
applicant chooses to appeal the denial
to the Administrative Appeals Office
pursuant to 8 CFR 103.3, the denial will
not become final until the appeal is
adjudicated. Denial of the U–1 principal
applicant’s application will result in the
automatic denial of a qualifying family
member’s Form I–929. There shall be no
appeal of such an automatic denial.
(i) Application procedures for
qualifying family members who are
physically present in the United States
to request adjustment of status. (1)
Required documents. Qualifying family
members in the United States may
request adjustment of status by
submitting:
(i) Form I–485, Application to
Register Permanent Residence or Adjust
Status, in accordance with the form
instructions;
(ii) An approved Form I–929, Petition
for Qualifying Family Member of a
U–1 Nonimmigrant;
(iii) The fee prescribed in 8 CFR
103.7(b)(1) or an application for a fee
waiver; and
(iv) The biometric services fee as
prescribed in 8 CFR 103.7(b)(1) or an
application for a fee waiver.
(2) Decision. The decision to approve
or deny Form I–485 is a discretionary
determination that lies solely within
USCIS’s jurisdiction. After completing
its review of the application and
evidence, USCIS will issue a written
decision approving or denying Form
I–485 and notify the applicant of this
decision in writing.
(i) Approvals. Upon approval of a
Form I–485 under this section, USCIS
shall record the alien’s lawful admission
for permanent residence as of the date
of such approval.
(ii) Denial. Upon the denial of any
application for adjustment of status, the
applicant will be notified in writing of
the decision and the reason for the
denial in accordance with 8 CFR part
103. If an applicant chooses to appeal
the denial to the Administrative
Appeals Office pursuant to the
provisions of 8 CFR 103.3, the denial
will not become final until the appeal is

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75563

adjudicated. During the appeal period,
the applicant may not obtain or renew
employment authorization under 8 CFR
274a.12(c)(9). Denial of the U–1
principal applicant’s application will
result in the automatic denial of a
qualifying family member’s Form I–485;
such an automatic denial is not
appealable.
(j) Effect of departure. If an applicant
for adjustment of status under this
section departs the United States, he or
she shall be deemed to have abandoned
the application, and it will be denied. If,
however, the applicant is not under
exclusion, deportation, or removal
proceedings, and he or she filed a Form
I–131, Application for Travel Document,
in accordance with the instructions on
the form, or any other appropriate form,
and was granted advance parole by
USCIS for such absences, and was
inspected and paroled upon returning to
the United States, he or she will not be
deemed to have abandoned the
application. If the adjustment of status
application of such an individual is
subsequently denied, he or she will be
treated as an applicant for admission
subject to sections 212 and 235 of the
Act. If an applicant for adjustment of
status under this section is under
exclusion, deportation, or removal
proceedings, USCIS will deem the
application for adjustment of status
abandoned as of the moment of the
applicant’s departure from the United
States.
(k) Exclusive jurisdiction. USCIS shall
have exclusive jurisdiction over
adjustment applications filed under
section 245(m) of the Act.
(l) Inapplicability of 8 CFR 245.1 and
245.2. The provisions of 8 CFR 245.1
and 245.2 do not apply to aliens seeking
adjustment of status under section
245(m) of the Act.
PART 299—PRESCRIBED FORMS
10. The authority citation in part 299
continues to read as follows:

■

Authority: 8 U.S.C. 1101 and note, 1103; 8
CFR part 2.

11. Section 299.1 is amended in the
table by adding the entries ‘‘I–485,
Supplement E’’ and ‘‘I–929’’, in proper
alpha/numeric sequence to read as
follows:

■

§ 299.1

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Prescribed forms.

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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Rules and Regulations
Form No.

Edition date

*
*
I–485, Supplement E ................................

*
10/31/08

*
*
*
T and U Nonimmigrant Supplement to Form I–485 Instructions.

*

*
*
I–929 .........................................................

*
10/31/08

*
*
*
Petition for Qualifying Family Member of a U–1 Nonimmigrant.

*

*

*

*

12. Section 299.5 is amended in the
table by adding the entries ‘‘I–485,
Supplement E’’ and ‘‘I–929’’, in proper

■

*

*

*

§ 299.5

alpha/numeric sequence to read as
follows:

*

*

Display of control numbers.

*

*

*

*
Currently assigned
OMB control No.

Form No.

Form title

*
*
I–485, Supplement E ............................

*
*
*
*
T and U Nonimmigrant Supplement to Form I–485 Instructions ........................

*
1615–0023

*
*
I–929 .....................................................

*
*
*
*
Petition for Qualifying Family Member of a U–1 Nonimmigrant ..........................

*
1615–0106

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*

*

Paul A. Schneider,
Deputy Secretary.
[FR Doc. E8–29277 Filed 12–11–08; 8:45 am]
BILLING CODE 9111–97–P

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
9 CFR Parts 317 and 381
[Docket No. FSIS–2008–0040]
RIN 0583–AD05

Uniform Compliance Date for Food
Labeling Regulations
AGENCY: Food Safety and Inspection
Service, USDA.
ACTION: Final rule.

mstockstill on PROD1PC62 with RULES

Title

SUMMARY: The Food Safety and
Inspection Service (FSIS) is establishing
January 1, 2012, as the uniform
compliance date for new meat and
poultry product labeling regulations that
are issued between January 1, 2009, and
December 31, 2010. FSIS periodically
announces uniform compliance dates
for new meat and poultry product
labeling regulations to minimize the
economic impact of label changes.
DATES: This rule is effective December
12, 2008. Comments on this final rule
must be received on or before January
12, 2009.
ADDRESSES: FSIS invites interested
persons to submit comments on this
final rule. Comments may be submitted
by either of the following methods:

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*

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• Federal eRulemaking Portal: This
Web site provides the ability to type
short comments directly into the
comment field on this Web page or
attach a file for lengthier comments. Go
to http://www.regulations.gov. Follow
the online instructions at that site for
submitting comments.
• Mail, including floppy disks or CD–
ROMs, and hand- or courier-delivered
items: Send to Docket Clerk, U.S.
Department of Agriculture, Food Safety
and Inspection Service, 1400
Independence Avenue, SW., Room
2534, South Agriculture Building,
Washington, DC 20250–3700.
Instructions: All items submitted by
mail or electronic mail must include the
Agency name and docket number FSIS–
2008–0040. Comments received in
response to this docket will be made
available for public inspection and
posted without change, including any
personal information, to http://
www.regulations.gov.
Docket: For access to background
documents or comments received, go to
the FSIS Docket Room at the address
listed above between 8:30 a.m. and 4:30
p.m., Monday through Friday.

Background

FOR FURTHER INFORMATION CONTACT:
Rosalyn Murphy-Jenkins, Food Safety
and Inspection Service, USDA, 1400
Independence Avenue, SW.,
Washington, DC 20250–3700;
Telephone 202–205–0623, Fax 202/205–
0145 or 202/205–0271.

The Final Rule

SUPPLEMENTARY INFORMATION:

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FSIS periodically issues regulations
that require changes in the labeling of
meat and poultry food products. Many
meat and poultry establishments also
produce non-meat and non-poultry food
products subject to the jurisdiction of
the Food and Drug Administration
(FDA). FDA also periodically issues
regulations that require changes in the
labeling of such products.
On December 14, 2004, FSIS issued
the final rule that provided that the
Agency will set uniform compliance
dates for new meat and poultry product
labeling regulations in two year
increments and will periodically issue
final rules announcing those dates. That
final rule also established January 1,
2008, as the uniform compliance date
for meat and poultry product labeling
regulations that issued between January
1, 2005, and December 31, 2006 (69 FR
74405). Consistent with the 2004 final
rule, FSIS issued a subsequent final
rule, on March 5, 2007, that established
January 1, 2010, as the uniform
compliance date for meat and poultry
product labeling regulations that issued
between January 1, 2007, and December
31, 2008 (72 FR 9651).
This final rule establishes January 1,
2012, as the uniform compliance date
for new meat and poultry product
labeling regulations that are issued
between January 1, 2009 and December
31, 2010, is consistent with the previous
final rules establishing uniform

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