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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules f. In paragraph c3i:
i. Adding the words and in 8 CFR
1003.48 after the words Except as provided in this section; and ii. Removing paragraph c1 or c2 and adding paragraph c1 or 2 in its place.
The revisions and addition read as follows:

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208.2

Jurisdiction.

a Jurisdiction of U.S. Citizenship and Immigration Services USCIS. 1
Except as provided in paragraph b or c of this section, USCIS shall have initial jurisdiction over:
i An asylum application filed by an alien physically present in the United States or seeking admission at a port-ofentry; and ii Hearings provided in accordance with section 235b1Bii of the Act to further consider the application for asylum of an alien, other than a stowaway, found to have a credible fear of persecution or torture in accordance with 208.30f and retained by USCIS, or referred to USCIS by an immigration judge pursuant to 8 CFR 1003.42 and 1208.30 after the immigration judge has vacated a negative credible fear determination. Hearings to further consider applications for asylum under this paragraph a1ii are governed by the procedures provided for under 208.9. Further consideration of an asylum application filed by a stowaway who has received a positive credible fear determination will be under the jurisdiction of an immigration judge pursuant to paragraph c of this section.
2 USCIS shall also have initial jurisdiction over credible fear determinations under 208.30 and reasonable fear determinations under 208.31.
b Jurisdiction of Immigration Court in general. Immigration judges shall have exclusive jurisdiction over asylum applications filed by aliens who have been served a Form I221, Order to Show Cause; Form I122, Notice to Applicant for Admission Detained for a Hearing before an Immigration Judge; or Form I862, Notice to Appear, after the charging document has been filed with the Immigration Court. Immigration judges shall also have jurisdiction over any asylum applications filed prior to April 1, 1997, by alien crewmembers who have remained in the United States longer than authorized, by applicants for admission under the Visa Waiver Pilot Program, and by aliens who have been admitted to the United States under the Visa Waiver Pilot Program.
Immigration judges shall also have the authority to review credible fear determinations referred to the
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Immigration Court under 208.30, reasonable fear determinations referred to the Immigration Court under 208.31, and asylum officers denials of applications, under 208.14c5, referred to the Immigration Court for review under 8 CFR 1003.48.
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x An alien referred for proceedings under 8 CFR 1003.48 on or after effective date of final rule.

3. Amend 208.3 by revising paragraphs a and c3 to read as follows:
208.3

Form of application.

a1 Except for applicants described in paragraph a2 of this section, an asylum applicant must file Form I589, Application for Asylum and for Withholding of Removal, together with any additional supporting evidence in accordance with the instructions on the form. The applicants spouse and children shall be listed on the application and may be included in the request for asylum if they are in the United States. One additional copy of the principal applicants Form I589
must be submitted for each dependent included in the principals application.
2 For asylum applicants, other than stowaways, who are awaiting further consideration of an asylum application pursuant to section 235b1Bii of the Act following a positive credible fear determination, the written record of a positive credible fear finding issued in accordance with 208.30f or 8 CFR
1003.42 or 1208.30 satisfies the application filing requirements in paragraph a1 of this section and 208.4b for purposes of consideration by USCIS pursuant to the jurisdiction provided at 208.2a1ii. The written record of the positive credible fear determination shall be considered a complete asylum application for purposes of 208.4a, 208.7, and 208.9a; shall not be subject to the requirements of 8 CFR 103.2; and shall be subject to the conditions and consequences in paragraph c of this section upon signature at the asylum hearing. The date that the positive credible fear determination is served on the alien shall be considered the date of filing and receipt. Application information collected electronically will be preserved in its native format. The applicants spouse and children may be included in the request for asylum only if they were included in the credible fear determination pursuant to 208.30c, or also presently have an application for asylum pending adjudication with USCIS pursuant to
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208.2a1ii. The asylum applicant may subsequently amend, correct, or supplement the information collected during the expedited removal process, including the process that concluded with a positive credible fear determination, provided the information is submitted directly to the asylum office no later than 7 calendar days prior to the scheduled asylum hearing, or for documents submitted by mail, postmarked no later than 10 days prior to the scheduled asylum hearing. As a matter of discretion, the asylum officer may consider amendments or supplements submitted after the 7- or 10-day depending on the method of submission deadline or may grant the applicant a brief extension of time during which the applicant may submit additional evidence. The biometrics captured during expedited removal for the principal applicant and any dependents may be used to verify identity and for criminal and other background checks for purposes of an asylum application under the jurisdiction of USCIS pursuant to 208.2a1 and any subsequent immigration benefit.

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3 An asylum application under paragraph a1 of this section must be properly filed in accordance with 8 CFR
part 103 and the filing instructions.
Receipt of a properly filed asylum application under paragraph a of this section will commence the period after which the applicant may file an application for employment authorization in accordance with 208.7 and 8 CFR 274a.12 and 274a.13.

4. Amend 208.4 by revising paragraph c to read as follows:
208.4

Filing the application.

c Amending an application after filing. Upon the request of the alien, and as a matter of discretion, the asylum officer or immigration judge with jurisdiction may permit an asylum applicant to amend or supplement the application filed under 208.3a1.
Any delay in adjudication or in proceedings caused by a request to amend or supplement the application will be treated as a delay caused by the applicant for purposes of 208.7 and 8
CFR 274a.12c8.
5. Amend 208.9 by revising and republishing the section heading and paragraphs a through g to read as follows:

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