SUPPLEMENTARY INFORMATION:

I. Need for Correction

On September 9, 2026, DHS published an IFR titled Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States,91 FR 57249. This document corrects and replaces evidentiary criteria that was inadvertently removed in our amendatory instructions in the regulatory text at 8 CFR 264.2 (c)(2).

The IFR revised and reformatted the regulatory text at 8 CFR 264.2. As part of those revisions, DHS intended to revise the introductory text of 8 CFR 264.2 (c)(2), while retaining the sub paragraphs as indicated with the colon and asterisks. However, the amendatory instructions did not make that clear and the CFR was codified by removing the sub paragraphs that contained evidentiary criteria. Therefore, this document corrects the regulatory text, 8 CFR 264.2 (c)(2) to restore the inadvertently removed text, while retaining the introductory updates made by the IFR. In addition, this documents corrects the text of 8 CFR 264.2(c)(2)(v) and (vi) to recognize that children who seek to register their permanent residence when their parents were foreign government employees, but not foreign diplomatic officers, may not be required to file Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities, and that they are required to submit evidence of their parent's foreign government employment rather than their diplomatic classification. These changes to the regulatory evidentiary requirements for a child of a foreign government employee to register as a lawful permanent resident were already made in the Form I-485 associated information collection published and approved with the IFR and are being added through this correction in the specified paragraphs.

This correction is applicable as if DHS had included this provision in the IFR that published on September 9, 2026. That rule had an effective date of September 4, 2026. Accordingly, the correction is applicable as of September 4, 2026. In other words, DHS will apply the corrected IFR to children born to foreign government employees on or after, September 4, 2026, same as the IFR.

II. Administrative Procedure Act

Section 553(b) of the Administrative Procedure Act (APA) generally requires agencies to publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a rule take effect. 5 U.S.C. 553(b). In addition, section 553(d) of the APA requires agencies to delay the effective date of final rules by a minimum of 30 days after the date of their publication in the Federal Register . 5 U.S.C. 553(d). Both of these requirements can be waived if an agency finds, for good cause, that the notice and comment process and/or delayed effective date is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice. 5 U.S.C. 553(b)(B)(d)(3).

DHS believes there is good cause for publishing this document without prior notice and opportunity for public comment and with an effective date of less than 30 days because such procedures are unnecessary. This document corrects a technical error in the regulatory text and does not make substantive changes to the policies in the IFR. Therefore, DHS believes that it has good cause to waive the notice and comment and effective date requirements of section 553 of the APA.

Accordingly, 8 CFR part 264 is corrected by making the following correcting amendment: