Federal Register Notices - 2019

This final rule amends Department of Homeland Security (“DHS” or “the Department”) regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (“H-1B regular cap”) or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (“advanced degree exemption”). The amendments require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”) during a designated registration period, unless the registration requirement is temporarily suspended. USCIS is suspending the registration requirement for the fiscal year 2020 cap season to complete all requisite user testing of the new H-1B registration system and otherwise ensure the system and process are operable.

This final rule also changes the process by which USCIS counts H-1B registrations (or petitions, for FY 2020 or any other year in which the registration requirement will be suspended), by first selecting registrations submitted on behalf of all beneficiaries, including those eligible for the advanced degree exemption. USCIS will then select from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption. Changing the order in which USCIS counts these separate allocations will likely increase the number of beneficiaries with a master's or higher degree from a U.S. institution of higher education to be selected for further processing under the H-1B allocations. USCIS will proceed with implementing this change to the cap allocation selection process for the FY 2020 cap season (beginning on April 1, 2019), notwithstanding the delayed implementation of the H-1B registration requirement.

Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen, No. 18–cv–01554 (N.D. Cal. Oct. 3, 2018) (‘‘preliminary injunction’’). Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS is not withdrawn under Immigration and Nationality Act (INA) section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

DHS is further announcing it is automatically extending through January 2, 2020, the validity of TPSrelated Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) (collectively ‘‘TPS-Related Documentation’’), as specified in this notice, for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise individually eligible for TPS. See INA section 244(c)(3). This Notice also provides information explaining DHS’s plans to issue a subsequent notice that will describe the steps DHS will take after January 2, 2020, should continued compliance with the preliminary injunction be necessary.

The Department of Labor’s (Department’s or DOL’s) Office of Foreign Labor Certification (OFLC) is making this announcement to inform employers and other interested stakeholders of how H–2B Applications for Temporary Employment Certification, Form ETA–9142B, filed by employers on or after July 3, 2019, will be assigned to staff for review.

The Department believes these procedural changes will provide for fairer and more orderly assignment and review of applications. The Department is seeking public comments on these procedural changes.

Based upon a review of the Administrative Record assembled pursuant to Section 219(a)(4)(C) of the Immigration and Nationality Act, as amended (8 U.S.C. 1189(a)(4)(C))(‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that the circumstances that were the basis for the designation of the aforementioned organization as a Foreign Terrorist Organization have not changed in such a manner as to warrant revocation of the designation and that the national security of the United States does not warrant a revocation of the designation.

Therefore, I hereby determine that the designation of the aforementioned organization as a Foreign Terrorist Organization, pursuant to Section 219 of the INA (8 U.S.C. 1189), shall be maintained.

Based upon a review of the Administrative Record assembled pursuant to Section 219 of the Immigration and Nationality Act, as amended (8 U.S.C. 1189) (‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that the circumstances that were the basis for the designation of the aforementioned organization (and other aliases) as a Foreign Terrorist Organization have not changed in such a manner as to warrant revocation of the designation, and that the national security of the United States does not warrant a revocation of the designation. I also conclude that there is a sufficient factual basis to find that the aforementioned organization (and other aliases) uses the additional aliases: Amaq News Agency and Al Hayat Media Center, also known as Al-Hayat Media Center, also known as Al Hayat.

Therefore, I hereby determine that the designation of the aforementioned organization (and other aliases) as a Foreign Terrorist Organization, pursuant to Section 219 of the INA, as amended (8 U.S.C. 1189), shall be maintained. Additionally, pursuant to Section 219(b) of the INA, as amended (8 U.S.C. 1189(b)), I hereby amend the designation of the aforementioned organization as a Foreign Terrorist Organization to include the following new aliases: Amaq News Agency and Al Hayat Media Center, also known as Al-Hayat Media Center, also known as Al Hayat.

This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any group potentially covered by this exercise of authority or any beneficiary of this exercise of authority (or any other person).  This exercise of authority creates no substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.  In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii), a report on this exercise of authority shall be provided within one week by the U.S. Department of State to the specified congressional committees.

This determination is based on an assessment related to the national security and foreign policy interests of the United States as they apply to the groups generally described herein and shall not have any application with respect to other groups or to other provisions of U.S. law.

(a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection;

(b) Has undergone and passed all relevant background and security checks;

(c) Has fully disclosed, to the best of his or her knowledge, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of all activities or associations falling within the scope of INA section 212(a)(3)(B)(i), 8 U.S.C. 1182(a)(3)(B)(i);

(d) Has not participated in, or knowingly provided material support to, terrorist activities that targeted oncombatant persons, or U.S. interests;

(e) Has not engaged in terrorist activity, not otherwise exempted, outside the context of the Lebanese civil war of 1975–1990;

(f) Poses no danger to the safety and security of the United States; and

(g) Warrants an exemption from the relevant inadmissibility provisions in the totality of the circumstances. 

Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS) or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. The exercise of authority described herein may be revoked at any time as a matter of discretion and without notice. Any determination made under this exercise of authority as set out above can inform but shall not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked.

This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any beneficiary of this exercise of authority or any other person. This exercise of authority is not intended to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of authority is applied, on the basis of case-by-case decisions by the U.S. Department of Department of State or by the U.S.  Department of Homeland Security, shall be provided to the specified congressional committees not later than 90 days after the end of the fiscal year.  The foregoing determination is based on assessments related to the national security and foreign policy interests of the United States as they apply to the particular category of persons described herein and shall not have any application with respect to any other persons or to other provisions of U.S. law.

Following consultations with the Secretary of Homeland Security and the Attorney General, the Secretary of State hereby concludes, as a matter of discretion in accordance with the authority granted by section 212(d)(3)(B)(i) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(d)(3)(B)(i), as amended, and considering the national security and foreign policy interests deemed relevant in these consultations, that INA section 212(a)(3)(B)(i), 8 U.S.C. 1182(a)(3)(B)(i), excluding subclause (i)(II), shall not apply with respect to an alien, for purposes of any visa or other immigration-related application, for any activity or  association relating to the Lebanese Forces militias, provided that the alien satisfies the relevant agency authority that the alien:

(a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection;

(b) Has undergone and passed all relevant background and security checks;

(c) Has fully disclosed, to the best of his or her knowledge, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of all activities or associations falling within the scope of INA section 212(a)(3)(B)(i), 8 U.S.C. 1182(a)(3)(B)(i);

(d) Has not participated in, or knowingly provided material support to, terrorist activities that targeted noncombatant persons, or U.S. interests;

(e) Has not engaged in terrorist activity, not otherwise exempted, outside the context of the Lebanese civil war of 1975–1990;

(f) Poses no danger to the safety and security of the United States; and

(g) Warrants an exemption from the relevant inadmissibility provisions in the totality of the circumstances. 

Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS) or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. The exercise of authority described herein may be revoked at any time as a matter of discretion and without notice. Any determination made under this exercise of authority as set out above can inform but shall not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked.

This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any beneficiary of this exercise of authority or any other person. This exercise of authority is not intended to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii), a report on the aliens to whom this exercise of authority is applied, on the basis of case-by-case decisions by the U.S. Department of Department of State or by the U.S. Department of Homeland Security, shall be provided to the specified congressional committees not later than 90 days after the end of the fiscal year.  The foregoing determination is based on assessments related to the national security and foreign policy interests of the United States as they apply to the particular category of persons described herein and shall not have any application with respect to any other persons or to other provisions of U.S. law.

Based on a review of the Administrative Record assembled pursuant to Section 219 of the Immigration and National Act, as amended (8 U.S.C. 1189) (‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that the circumstances that were the basis for the designation of the aforementioned organization (and other aliases) as a Foreign Terrorist Organization have not changed in such a manner as to warrant revocation of the designation and that the national security of the United States does not warrant a revocation of the designation. I also conclude there is a sufficient factual basis to find that the aforementioned organization (and other aliases) uses the additional alias Jaysh al-Adl, also known as Jeysh al-adl, also known as Army of Justice, also known as Jaish ul-Adl, also known as Jaish al-Adl, also known as Jaish Aladl, also known as Jeish al-Adl, as its primary name.

Therefore, I hereby determine that the designation of the aforementioned organization (and other aliases) as a Foreign Terrorist Organization, pursuant to Section 219 of the INA, as amended (8 U.S.C. 1189), shall be maintained.  Additionally, pursuant to Section 219(b) of the INA, as amended (8 U.S.C. 1189(b)), I hereby amend the designation of the aforementioned organization as a Foreign Terrorist Organization to include the following new aliases: Jaysh al-Adl, Jeysh al-adl, Army of Justice, Jaish ul-Adl, Jaish al-Adl, Jaish Aladl, Jeish al-Adl, This notice shall be published in the Federal Register.

Based upon a review of the Administrative Record assembled pursuant to Section 219 of the Immigration and Nationality Act, as amended (8 U.S.C. §1189) (‘‘INA’’), and in consultation with the Attorney General and the Secretary of the Treasury, I have concluded that there is a sufficient factual basis to find that the following are aliases of al-Shabaab: al-Hijra, Al Hijra, Muslim Youth Center, MYC, Pumwani Muslim Youth, Pumwani Islamist Muslim Youth Center.

Therefore, pursuant to Section 219(b) of the INA, as amended (8 U.S.C. 1189(b)), I hereby amend the designation of al-Shabaab as a foreign terrorist organization to include the following new aliases: al-Hijra, Al Hijra, Muslim Youth Center, MYC, Pumwani Muslim Youth, Pumwani Islamist Muslim Youth Center.

Presidential Determination on Refugee Admissions for Fiscal Year 2020

Procedures for Asylum and Bars to Asylum Eligibility