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Federal Register Notices - 2020

January 2020

Date Title
January 9, 2020 (PDF) Registration Requirement for Petitioners Seeking To File H–1B Petitions on Behalf of Cap-Subject Aliens
January 10, 2020 (PDF) Based upon a review of the Administrative Record assembled in this matter, and in consultation with the Attorney General and the Secretary of the Treasury, I conclude that there is a sufficient factual basis to find that the relevant circumstances described in section 219 of the Immigration and Nationality Act, as amended (hereinafter ‘‘INA’’) (8 U.S.C. 1189), exist with respect to Asa’ib Ahl al-Haq, also known as AAH; Asa’ib Ahl al-Haq min Al-Iraq; Asaib al Haq; Asa’ib Ahl Al-Haqq; League of the Righteous; Khazali Network; Khazali Special Group; Qazali Network; The People of the Cave; Khazali Special Groups Network; Al-Tayar al-Risali; and The Missionary Current.  Therefore, I hereby designate the aforementioned organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA.
January 10, 2020 (PDF) For the period beginning January 1, 2020, and ending on March 31, 2020, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.61 per centum per annum.
January 14, 2020 (PDF) By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code,
January 15, 2020 (PDF) Employment and Training Administration, Office of Workers’ Compensation Programs, Office of the Secretary, Wage and Hour Division, Occupational Safety and Health Administration, Employee Benefits Security Administration, and Mine Safety and Health Administration, Department of Labor.
January 17, 2020 (PDF) Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may generally only approve petitions for H–2A and H–2B nonimmigrant status for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 84 countries whose nationals are eligible to participate in the H–2A program and 81 countries whose nationals are eligible to participate in the H–2B program for the coming year.
January 17, 2020 (PDF) This notice provides an update of the Department of Health and Human Services (HHS) poverty guidelines to account for last calendar year’s increase in prices as measured by the Consumer Price Index.
January 24, 2020 (PDF) The Department of Homeland Security (DHS) announces the reopening and extension of the public comment period for the proposed rule titled ‘‘U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.’’ DHS published the rule on November 14, 2019, with a comment period ending December 16, 2019. On December 9, 2019, the comment period was extended to December 30, 2019. DHS will reopen the comment period for an additional 15 days. As part of this rulemaking, DHS will consider comments received during the entire public comment period, including comments received since December 30, 2019.
January 24, 2020 (PDF) The Department of State, Bureau of Consular Affairs (‘‘Department’’), is amending its regulation governing the issuance of visas in the ‘‘B’’ nonimmigrant classification for temporary visitors for pleasure. This rule establishes that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa. Consequently, a consular officer shall deny a B nonimmigrant visa to an alien who he or she has reason to believe intends to travel for this primary purpose. The Department does not believe that visiting the United States for the primary purpose of obtaining U.S. citizenship for a child, by giving birth in the United States—an activity commonly referred to as ‘‘birth tourism’’—is a legitimate activity for pleasure or of a recreational nature, for purposes of consular officers adjudicating applications for B nonimmigrant visas. The final rule addresses concerns about the attendant risks of this activity to national security and law enforcement, including criminal activity associated with the birth tourism industry, as reflected in federal prosecutions of individuals and entities involved in that industry. The final rule also codifies a requirement that B nonimmigrant visa applicants who seek medical treatment in the United States must demonstrate, to the satisfaction of the consular officer, their arrangements for such treatment and establish their ability to pay all costs associated with such treatment. The rule establishes a rebuttable presumption that a B nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is traveling for the primary purpose of obtaining U.S. citizenship for the child.
Januay 31, 2020 (PDF) U.S. Citizenship and Immigration Services (USCIS) is announcing a new version of Form I–9, Employment Eligibility Verification.  Employers must use Form I–9 to verify the identity and employment authorization of their employees. USCIS made minor changes to the form and its instructions. This Notice contains the dates of both the prior version and the new version of Form I–9 that employers may use, as well as the date when the prior version will become obsolete.

February 2020

Date Title
February 4, 2020 (PDF) This document announces the decision of the Secretary of the Department of Homeland Security (DHS) to direct all flights to the United States carrying persons who have recently traveled from, or were otherwise present within, the People’s Republic of China to arrive at one of the United States airports where the United States Government is focusing public health resources to implement enhanced screening procedures. For purposes of this document, a person has recently traveled from the People’s Republic of China if that person has departed from, or was otherwise present within, the People’s Republic of China (excluding the special autonomous regions of Hong Kong and Macau) within 14 days of the date of the person’s entry or attempted entry into the United States. Also, for purposes of this document, crew, and flights carrying only cargo (i.e., no passengers or non-crew), are excluded from the measures herein.
February 5, 2020 (PDF) Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
February 5, 2020 (PDF) Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk - Feb. 05, 2020 (PDF)
February 20, 2020 (PDF) Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended
February 28, 2020 (PDF) The Department of Justice’s Executive Office for Immigration Review (‘‘EOIR’’) imposes fees, also known as user charges, for the filing of certain EOIR forms for applications for relief, appeals filed with the Board of Immigration Appeals (‘‘BIA’’), and motions to reopen or reconsider. When applicable, the current fee for EOIR applications for relief is $100, and the fee for motions or appeals is $110. EOIR last reviewed and updated these fees 33 years ago, in 1986. This proposed rule (‘‘proposed rule’’ or ‘‘rule’’) would increase the fees for those EOIR applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review conducted by EOIR. This proposed rule would not affect the fees that have been established by the Department of Homeland Security (‘‘DHS’’) with respect to DHS forms for applications that are filed or submitted in EOIR proceedings. This proposal does not affect the ability of aliens to submit fee waiver requests, nor does it add new fees. The proposed rule also updates cross-references to DHS regulations regarding fees and makes a technical change regarding requests under the Freedom of Information Act.
February 28, 2020 (PDF) The Department of State (the Department) is publishing this notice pursuant to Executive Order 13891 to announce and describe the public-facing portal that will contain the Department’s Guidance Documents, as described under the Executive Order.

March 2020

Date Title
March 2, 2020 (PDF) Extension of the Designation of Yemen for Temporary Protected Status
March 4, 2020 (PDF) Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus
March 6, 2020 (PDF) The Department of Homeland Security, U.S. Citizenship and Immigration Services is announcing, through this notice, that a printed copy of the electronic final determination form granting temporary labor certification under the H–2A program through the U.S. Department of Labor’s new Foreign Labor Application Gateway system must be submitted with an H–2A petition as evidence of an original and valid temporary labor certification.
March 6, 2020 (PDF) The Department of Homeland Security, U.S. Citizenship and Immigration Services, is announcing, through this notice, that a printed copy of the electronic final determination form granting temporary labor certification under the H–2B program through the U.S. Department of Labor’s new Foreign Labor Application Gateway system must be submitted with an H–2B petition as evidence of an original approved temporary labor certification.
March 6, 2020 (PDF) Secretary's Order 01-2020-Delegation of Authority and Assignment of Responsibility to the Administrative Review Board
March 6, 2020 (PDF) Discretionary Review by the Secretary
March 11, 2020 (PDF) Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Somalia for Temporary Protected Status (TPS) for 18 months, from March 18, 2020, through September 17, 2021. The extension allows currently eligible TPS beneficiaries to retain TPS through September 17, 2021, so long as they otherwise continue to meet the eligibility requirements for TPS. This notice also sets forth procedures necessary for nationals of Somalia (or aliens having no nationality who last habitually resided in Somalia) to reregister for TPS and to apply for Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). USCIS will issue new EADs with a September 17, 2021, expiration date to eligible beneficiaries under Somalia’s TPS designation who timely re-register and apply for EADs under this extension.
March 11, 2020 (PDF) In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify and reissue the current DHS system of records titled ‘‘Department of Homeland Security/U.S. Customs and Border Protection-002 Global Enrollment System,’’ and rename it as ‘‘Department of Homeland Security/U.S. Customs and Border Protection-002 Trusted and Registered Traveler Programs.’’ This system of records allows the Department of Homeland Security/U.S. Customs and Border Protection (CBP) to collect and maintain records on individuals who voluntarily provide personally identifiable information to CBP in return for enrollment in a program that will make them eligible for dedicated CBP processing at designated U.S. border ports of entry, including all trusted traveler and registered traveler programs.
March 16, 2020 (PDF) The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Luna County, New Mexico, Don˜ a Ana County, New Mexico, and El Paso County, Texas.
March 18, 2020 (PDF) Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus
March 24, 2020 (PDF) The Centers for Disease Control and Prevention (CDC) within the U.S. Department of Health and Human Services (HHS) issues this interim final rule with request for comments to amend its Foreign Quarantine Regulations. This interim final rule provides a procedure for CDC to suspend the introduction of persons from designated countries or places, if required, in the interest of public health.

April 2020

Date Title
April 1, 2020 (PDF) This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (‘‘Board’’) by adding two Board member positions, thereby expanding the Board to 23 members.
April 2, 2020 (PDF) Extending the Wind-Down Period for Deferred Enforced Departure for Liberians
April 7, 2020 (PDF) On March 30, 2020, President Trump issued a memorandum to the Acting Secretary of Homeland Security (Secretary) directing him to extend the Deferred Enforced Departure (DED) wind-down period for eligible Liberians, and to provide for continued work authorization through January 10, 2021, after which date the DED wind-down period will end. Furthermore, Liberians who apply for adjustment of status under the Liberian Refugee Immigration Fairness (LRIF) provision of the National Defense Authorization Act for Fiscal Year 2020 on or before December 20, 2020 may immediately apply for employment authorization consistent with that provision. During this extended DED wind down period and the LRIF application period, Liberians covered under DED may remain in the United States. Liberians covered under DED who also qualify to apply for permanent resident status under LRIF may experience a gap in employment authorization after the March 30, 2020 expiration of their current DED-based employment authorization documents (EADs). Therefore, the President directed that aliens who remain covered under DED be authorized employment for the duration of the extended DED wind-down period. This notice extends through January 10, 2021 employment authorization for Liberians (and persons without nationality who last habitually resided in Liberia) covered under DED who would like to apply for an EAD and also automatically extends DED-related EADs for those who already have an EAD with a printed expiration date of March 30, 2020.
April 7, 2020 (PDF) A ‘‘Memorandum on Extending the Wind-Down Period for Deferred Enforced Departure for Liberians’’ was issued by President Trump on March 30, 2020. The President determined that it is in the foreign policy interests of the United States to extend the Deferred Enforced Departure (DED) wind-down period for Liberians through January 10, 2021. The President directed the Secretary of Homeland Security to extend the DED wind-down period for eligible Liberians currently covered under DED and to provide for continued work authorization through January 10, 2021. The  resident further authorized and directed the Secretary of Homeland Security to publish this memorandum in the Federal Register.
April 8, 2020 (PDF) Interest Rate Paid on Cash Deposited To Secure U.S. Immigration and Customs Enforcement Immigration Bonds.
April 9, 2020 (PDF) The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing this final rule to adjust certain civil monetary penalties for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
April 15, 2020 (PDF) The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Starr County, Texas.
April 20, 2020 (PDF) As a result of disruptions and uncertainty to the U.S. food agriculture sector during the upcoming summer agricultural season caused by the global novel Coronavirus Disease 2019 (COVID–19) public health emergency, the Department of Homeland Security, U.S. Citizenship and Immigration Services, has decided to temporarily amend the regulations regarding temporary and seasonal agricultural workers, and their U.S. employers, within the H–2A nonimmigrant classification. The Department is temporarily removing certain limitations on agricultural employers and workers in order to provide agricultural employers with an orderly and timely flow of legal foreign workers, thereby protecting the integrity of the nation’s food supply chain and decreasing possible reliance on unauthorized aliens, while encouraging agricultural employers’ use of the H–2A program, which protects the rights of U.S. and foreign workers. Namely, the Department will allow H–2A employers whose extension of stay H–2A petitions are supported by valid temporary labor certifications (TLCs) issued by the Department of Labor to begin work immediately after the extension of stay petition is received by USCIS. The Department is also temporarily amending its regulations to allow H–2A workers to stay in the United States beyond the 3 years maximum allowable period of stay. DHS will apply this temporary final rule to H–2A petitions requesting an extension of stay, and, if applicable, any associated applications for an extension of stay filed by or on behalf of an H–2A worker, if they were received on or after March 1, 2020 and remain pending as of the effective date of this rule, as well as H–2A petitions for an extension of stay, received on or after the effective date of this rule, ending on the last day this rule is in effect.
April 27, 2020 (PDF) Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
April 30, 2020 (PDF) The Department of Justice (‘‘DOJ’’ or ‘‘the Department’’) is making technical amendments to its regulations to conform to changes made by the Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act).  The Workforce Act, in part, extended the bar for asylum in the Commonwealth of the Northern Mariana Islands (CNMI) by fifteen years, providing that the current bar will continue to apply for asylum applications submitted prior to January 1, 2030. This final rule makes the necessary conforming date changes in the Department’s regulations.
April 30, 2020 (PDF) Response to Public Comments Regarding the Construction of Border Wall Within Certain Areas in the Rio Grande Valley, Texas

May 2020

Date Title
May 11, 2020 (PDF) Period of Admission and Extensions of Stay for Representatives of Foreign Information Media Seeking To Ente the United States
May 13, 2020 (PDF) The Acting Secretary of Homeland Security determined, pursuant to law, that it was necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Pima County, Arizona, Santa Cruz County, Arizona, and Cochise County, Arizona. The notice of determination was published in the Federal Register on March 16, 2020. 85 FR 14961.
May 13, 2020 (PDF) The Acting Secretary of Homeland Security determined, pursuant to law, that it was necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in San Diego County, California, Imperial County, California, Yuma County, Arizona, Pima County, Arizona, Santa Cruz County, Arizona, Cochise County, Arizona, Luna County, New Mexico, Don˜ a Ana County, New Mexico, El Paso County, Texas, Val Verde County, Texas, and Maverick County, Texas. The notice of determination was published in the Federal Register on February 20, 2020.
May 14, 2020 (PDF) The Department of Homeland Security (DHS) is amending its regulations to implement provisions of the Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act), which creates requirements to encourage the hiring of United States workers in the Commonwealth of the Northern Mariana Islands (CNMI) and to ensure that no U.S. worker is placed at a competitive disadvantage for employment compared to a non-U.S. worker or is displaced by a non-U.S. worker.
May 14, 2020 (PDF) As a result of disruptions and uncertainty to the U.S. economy and international travel caused by the global novel Coronavirus Disease 2019 (COVID–19) public health emergency, the Department of Homeland Security (the Department or DHS), U.S. Citizenship and Immigration Services (USCIS), has decided to temporarily amend the regulations regarding certain temporary nonagricultural workers, and their U.S. employers, within the H–2B nonimmigrant classification. The Department is temporarily removing certain limitations on employers or U.S. agents seeking to hire certain H–2B workers already in the United States to provide temporary labor or services essential to the U.S. food supply chain, and certain H–2B workers, who are essential to the U.S. food supply chain, seeking to extend their stay.
May 15, 2020 (PDF) The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Webb County, Texas, and Zapata County, Texas.
May 26, 2020 (PDF) Amendment and Extension of Order Under Sections 362 and 365 of the Public Health Service Act; Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists
May 28, 2020 (PDF) Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus
May 28, 2020 (PDF) Amendment to Proclamation of May 24, 2020, Suspending Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus
May 29, 2020 (PDF) Privacy Act of 1974; Systems of Records

June 2020

Date Title
June 4, 2020 (PDF) Suspension of Entry as Nonimmigrants of Certain Students and Researchers From the People's Republic of China
June 15, 2020 (PDF) Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
June 16, 2020 (PDF) The Immigration and Nationality Act provides for the granting of special immigrant status for certain aliens who have been employed by, and performed faithful service for, the U.S. government abroad for at least fifteen years. This rule codifies in regulation the eligibility criteria for special immigrant status of such aliens and the application process for applicants.
June 17, 2020 (PDF) In this final rule, the Department of Homeland Security (DHS) is making the 2020 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register.  Accordingly, this final rule adjusts DHS’s civil monetary penalties for 2020 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after June 17, 2020 whose associated violations occurred after November 2, 2015.
June 17, 2020 (PDF) The Department of Education (Department) issues this interim final rule so that institutions of higher education may appropriately determine which individuals attending their institution are eligible to receive emergency financial aid grants to students under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (March 27, 2020).
June 19, 2020 (PDF) The Department of Justice is adjusting for inflation the civil monetary penalties assessed or enforced by components of the Department, in accordance with the provisions of the Bipartisan Budget Act of 2015, for penalties assessed after June 19, 2020 with respect to violations occurring after November 2, 2015.
June 22, 2020 (PDF) Removal of 30-Day Processing Provision for Asylum Applicant- Related Form I–765 Employment Authorization Applications
June 25, 2020 (PDF) Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
June 26, 2020 (PDF) On November 14, 2019, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would modify DHS’s regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. This final rule implements the proposed rule, with some amendments based on public comments received.
June 26, 2020 (PDF) In accordance with Executive Orders 13771 and 13777, which direct federal agencies to review and eliminate outdated and unnecessary regulations, the Department of State (Department) is removing a regulation related to issuance of immigrant visas to women expatriates who lost citizenship as the result of marrying an alien prior to 1922.
June 26, 2020 (PDF) In accordance with Executive Orders 13771 and 13777, which direct federal agencies to review and eliminate outdated and unnecessary regulations, the Department of State (‘‘Department’’) is removing regulations related to an obsolete visa program. The Irish Peace Process and Cultural Training Program was established in 1998 and created what is commonly referred to as the Walsh Visa Program. This visa program expired on September 30, 2008, and the regulations for administering the program are obsolete. Accordingly, the Department is removing the regulations related to this visa program.
June 29, 2020 (PDF) Submission for OMB Review; Office of Refugee Resettlement Annual Survey of Refugees (OMB #0907-0033)
June 30, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA).

July 2020

Date Title
July 1, 2020 (PDF) High-Wage Components of the Labor Value Content Requirements Under the United States-Mexico-Canada Agreement Implementation Act.
July 2, 2020 (PDF) Amendment to Proclamation 10052
July 8, 2020 (PDF) For the period beginning July 1, 2020, and ending on September 30, 2020, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.15 per centum per annum.
July 9, 2020 (PDF) This proposed rule would amend existing DHS and DOJ (collectively, ‘‘the Departments’’) regulations to clarify that the Departments may consider emergency public health concerns based on communicable disease due to potential international threats from the spread of pandemics when making a determination as to whether ‘‘there are reasonable grounds for regarding [an] alien as a danger to the security of the United States’’ and, thus, ineligible to be granted asylum or the protection of withholding of removal in the United States under Immigration and Nationality Act (‘‘INA’’) sections 208 and 241 and DHS and DOJ regulations.  The proposed rule also would provide that this application of the statutory bars to eligibility for asylum and withholding of removal will be effectuated at the credible fear screening stage for aliens in expedited removal proceedings in order to streamline the protection review process and minimize the spread and possible introduction into the United States of communicable and widespread disease. The proposed rule further would allow DHS to exercise its prosecutorial discretion regarding how to process individuals subject to expedited removal who are determined to be ineligible for asylum in the United States on certain grounds, including being reasonably regarded as a danger to the security of the United States. Finally, the proposed rule would modify the process for evaluating the eligibility of aliens for deferral of removal who are ineligible for withholding of removal as presenting a danger to the security of the United States.
July 14, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Julu 17, 2020 (PDF) The Acting Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of roads in the vicinity of the international land border in Starr County, Texas.
July 23, 2020 (PDF) Excluding Illegal Aliens From the Apportionment Base Following the 2020 Census
July 31, 2020 (PDF) The U.S. Department of Homeland Security (DHS) is promulgating two changes that apply to surety companies certified by the Department of the Treasury, Bureau of the Fiscal Service (Treasury), to underwrite bonds on behalf of the Federal Government. First, this final rule requires Treasury-certified sureties seeking to overturn a surety immigration bond breach determination to exhaust administrative remedies by filing an administrative appeal raising all legal and factual defenses. This requirement to exhaust administrative remedies and present all issues to the administrative tribunal will allow Federal district courts to review a written decision addressing all of the surety’s defenses, thereby streamlining litigation over the breach determination’s validity. Second, this rule sets forth ‘‘for cause’’ standards and due process protections so that U.S. Immigration and Customs Enforcement (ICE), a component of DHS, may decline bonds from companies that do not cure their deficient performance. Treasury administers the Federal corporate surety bond program and, in its regulations, allows agencies to prescribe in their regulations for cause standards and procedures for declining to accept bonds from a Treasury-certified surety company. ICE adopts the for cause standards contained in this rule because certain surety companies have failed to pay amounts due on administratively final bond breach determinations or have had in the past unacceptably high breach rates.

August 2020

Date Title
August 3, 2020 (PDF) U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
August 6, 2020 (PDF) Aligning Federal Contracting and Hiring Practices With the Interests of American Workers
August 17, 2020 (PDF) On August 3, 2020, the Department of Homeland Security (DHS) published a final rule to amend DHS regulations to adjust certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS) and make certain other changes. In this rule, we are correcting four technical errors.
August 17, 2020 (PDF) This notice governs Community Development Block Grant disaster recovery (CDBG–DR) funds awarded under several appropriations.  Specifically, this notice provides waivers and establishes alternative requirements and extensions for grants provided pursuant to Public Laws 114–113, 114–223, 114–254, 115–31, 115–56, 115–123, 115–254, and 116–20 in connection with HUD’s obligation or use by the recipient of these funds. This notice provides additional flexibility to CDBG–DR grantees as they continue their disaster recovery efforts while also responding to the Coronavirus Disease 2019 (COVID–19) pandemic.
August 20, 2020 (PDF) As a result of continued disruptions and uncertainty to the U.S. food agriculture sector during the summer and upcoming fall agricultural season caused by the global novel Coronavirus Disease 2019 (COVID–19) public health emergency, the Department of Homeland Security, U.S. Citizenship and Immigration Services, has decided it is necessary to temporarily extend the amendments to certain regulations regarding temporary and seasonal agricultural workers, and their U.S. employers, within the H–2A nonimmigrant classification. Through this temporary final rule DHS is  partially extending some of the provisions of the April 20, 2020, temporary final rule. Namely, the Department will continue to allow H–2A employees whose extension of stay H–2A petitions are supported by valid temporary labor certifications issued by the Department of Labor to begin work with a new employer immediately after the extension of stay petition is received by USCIS. DHS will apply this temporary final rule to H–2A petitions requesting an extension of stay, if they were received on or after August 19, 2020, but no later than December 17, 2020. The temporary extension of these flexibilities will ensure that agricultural employers have access to the orderly and timely flow of legal foreign workers, thereby protecting the integrity of the nation’s food supply chain and decreasing possible reliance on unauthorized aliens, while at the same time encouraging agricultural employers’ use of the H–2A program, which protects the rights of U.S. and foreign workers.
August 21, 2020 (PDF) This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Canada into the United States at land ports of entry along the United States-Canada border. Such travel will be limited to ‘‘essential travel,’’ as further defined in this document.
August 21, 2020 (PDF) This document announces the decision of the Secretary of Homeland Security (Secretary) to continue to temporarily limit the travel of individuals from Mexico into the United States at land ports of entry along the United States-Mexico border. Such travel will be limited to ‘‘essential travel,’’ as further defined in this document.
August 26, 2020 (PDF) The Department of Justice (‘‘Department’’) proposes to amend the regulations of the Executive Office for Immigration Review (‘‘EOIR’’) regarding the handling of appeals to the Board of  Immigration Appeals (‘‘BIA’’ or ‘‘Board’’). The Department proposes multiple changes to the processing of appeals to ensure the consistency, efficiency, and quality of its adjudications. The Department also proposes to amend the regulations to make clear that there is no freestanding authority of line immigration judges or BIA members to administratively close cases. Finally, the Department proposes to remove inapplicable or unnecessary provisions regarding the forwarding of the record of proceedings on appeal.
August 31, 2020 (PDF) On August 3, 2020, the Department of Homeland Security (DHS) published a final rule to amend DHS regulations to adjust certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS) and make certain other changes. In this rule, we are correcting several technical errors.

September 2020

Date Title
September 1, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
September 9, 2020 (PDF) U.S. Customs and Border Protection (CBP) operates several trusted traveler programs at land, sea and air ports of entry into the United States that allow certain pre-approved travelers dedicated processing into the United States, including the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) program, the Global Entry program, and the NEXUS program. CBP seeks to harmonize the fees and application procedures for these three programs. In this document, CBP proposes to change the Global Entry and SENTRI application fees to a uniform amount, provide a uniform standard regarding the payment of the Global Entry and SENTRI application fees for minors, change the fee payment schedule and certain aspects of the application process for the SENTRI program, and incorporate the SENTRI program into the Department of Homeland Security (DHS) regulations.  CBP also proposes to make changes to the Global Entry regulations that are consistent with the program’s expansion to certain U.S. territories and preclearance facilities. Finally, CBP proposes to eliminate the separate dedicated commuter lane systems costs fee (DCL fee) currently applicable only to approved SENTRI participants. CBP will be issuing a separate notice in the Federal Register regarding changes to the NEXUS fee.
September 11. 2020 (PDF) This rule proposes to amend DHS regulations concerning the use and collection of biometrics in the enforcement and administration of immigration laws by U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE). First, DHS proposes that any applicant, petitioner, sponsor, beneficiary, or individual filing or associated with an immigration benefit or request, including United States citizens, must appear for biometrics collection without regard to age unless DHS waives or exempts the biometrics requirement. Second, DHS proposes to authorize biometric collection, without regard to age, upon arrest of an alien for purposes of processing, care, custody, and initiation of removal proceedings.  Third, DHS proposes to define the term biometrics. Fourth, this rule proposes to ncrease the biometric modalities that DHS collects, to include iris image, palm print, and voice print. Fifth, this rule proposes that DHS may require, request, or accept DNA test results, which include a partial DNA profile, to prove the existence of a claimed genetic relationship and that DHS may use and store DNA test results for the relevant adjudications or to perform any other functions necessary for administering and enforcing immigration and naturalization laws. Sixth, this rule would modify how VAWA and T nonimmigrant petitioners demonstrate good moral character, as well as remove the presumption of good moral character for those under the age of 14. Lastly, DHS proposes to further clarify the purposes for which biometrics are collected from individuals filing immigration applications or petitions, to include criminal history and national security background checks; identity enrollment, verification, and management; secure document production, and to administer and enforce immigration and naturalization laws.  The changes proposed in this rule are intended to: Provide DHS with the flexibility to change its biometrics collection practices and policies to ensure that necessary adjustments can be made to meet emerging needs, enhance the use of biometrics beyond background checks and document production to include identity verification and management in the immigration lifecycle, enhance vetting to lessen the dependence on paper documents to prove identity and familial relationships, preclude imposters, and improve the consistency in biometrics terminology within DHS.
September 22, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
September 23, 2020 (PDF) The Department of Justice (‘‘Department’’ or ‘‘DOJ’’) proposes to amend the Executive Office for Immigration Review (‘‘EOIR’’) regulations governing asylum and withholding of removal, including changes to what must be included with an application for such relief for it to be considered complete and the consequences of filing an incomplete application, changes establishing a 15-day filing deadline for aliens applying for asylum in asylum-and-withholdingonly proceedings, and changes related to the 180-day asylum adjudication clock.
September 23, 2020 (PDF) This rule temporarily (for 180 days) amends existing Department of Homeland Security (DHS) regulations to provide that asylum applicants who cannot proceed with the interview in English are no longer required to provide interpreters at the asylum interview but rather must ordinarily proceed with DHS-provided telephonic interpreters.
September 23, 2020 (PDF) Blocking Property of Certain Persons With Respect to the Conventional Arms Activities of Iran.
September 25, 2020 (PDF) In fiscal year 2018, the Department of Homeland Security (DHS or the Department) admitted over 2 million foreign nationals into the United States in the F  academic student, J exchange visitor, and I representatives of foreign information media nonimmigrant categories. This is a testament to the United States’ exceptional academic institutions, cutting-edge technology, and environment that promotes the exchange of ideas, research, and mutual enrichment.  Currently, aliens in the F, J, and I categories are admitted into the United States for the period of time that they are complying with the terms and conditions of their nonimmigrant category (‘‘duration of status’’), rather than an admission for a fixed time period.  This duration of status framework generally lacks predetermined points in time for U.S. Citizenship and Immigration Services (USCIS) or U.S. Customs and Border Protection (CBP) immigration officers to directly evaluate whether F, J, and I nonimmigrants are maintaining their status and poses a challenge to the Department’s ability to effectively monitor and oversee these categories of nonimmigrants.  Specifically, because nonimmigrants admitted in the F, J, and I classifications generally do not currently begin to accrue unlawful presence until the day after there is a formal finding of a status violation by USCIS or an immigration judge, they are often are able to avoid accrual of unlawful presence for purposes of statutory inadmissibility grounds of unlawful presence, in part, because they do not file applications or petitions, such as extension of stay, that would result in a formal finding.  The Department accordingly is concerned about the integrity of the programs and a potential for increased risk to national security.  To address these issues, DHS proposes to amend its regulations by changing the admission period of F, J, and I aliens from duration of status to an admission for a fixed time period.  Admitting individuals in the F, J, and I categories for a fixed period of time will require all F, J, and I nonimmigrants who wish to remain in the United States beyond their specifically authorized admission period to apply for an extension of stay directly with USCIS or to depart the country and apply for admission with CBP at a port of entry (POE). This change would provide the Department with additional protections and mechanisms to exercise the oversight necessary to vigorously enforce our nation’s immigration laws, protect the integrity of these nonimmigrant programs, and promptly detect national security concerns.
September 30, 2020 (PDF) This proposed rule would amend Department of Justice (‘‘Department’’ or ‘‘DOJ’’) regulations to allow practitioners to assist individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before the Executive Office for Immigration Review (‘‘EOIR’’) by filing an amended version of EOIR’s current forms (Form EOIR–27 and Form EOIR–28) noticing the entry of appearance of a practitioner.  Those amended forms would also function as a notice of disclosure of legal assistance for practitioners who provide legal assistance but choose not to represent aliens in immigration proceedings, and also a notice of disclosure of preparation by practitioners. The proposed rule would further clarify that the only persons who may file a document with the agency are those recognized as eligible to do business with the agency and those aliens who are filing a document over which the agency has jurisdiction. Also, the proposed rule would make nonsubstantive changes regarding capitalization and amend outdated references to the former Immigration and Naturalization Service (‘‘INS’’).
September 30, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

October 2020

Date Title
October 1, 2020 (PDF) The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adding regulations to implement Executive Order 13928 of June 11, 2020 (‘‘Blocking Property of Certain Persons Associated With the International Criminal Court’’). OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and statements of licensing policy.
October 2, 2020 (PDF) The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing the affidavit of support requirements under section 213A of the Immigration and Nationality Act (INA or the Act).  Certain immigrants are required to submit an Affidavit of Support Under Section 213A of the INA (Affidavit) executed by a sponsor who agrees to provide financial support to the sponsored immigrant and accepts liability for reimbursing the costs of any meanstested public benefits a sponsored immigrant receives while the Affidavit is in effect pursuant to section 213A(a)(2) of the INA. DHS proposes to clarify how a sponsor demonstrates the means to maintain income as required under section 213A(f)(6) of the Act such as revising the documentation that sponsors and household members must submit to meet the requirements under section 213A(f) of the Act.  DHS proposes to modify when an applicant is required to submit an Affidavit from a joint sponsor, who may be a household member for purposes of executing a Contract Between Sponsor and Household Member (Contract), and who is considered as part of a sponsor’s household size.  DHS also proposes to update reporting and information sharing requirements between authorized parties and USCIS.
October 6, 2020 (PDF) For the period beginning October 1, 2020, and ending on December 31, 2020, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.11 per centum per  annum.  October 1, 2020, and ending on December 31, 2020, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 0.11 per centum per annum.
October 7, 2020 (PDF) The Department of Justice (‘‘Department’’) is amending the regulations governing the Office of the Chief Administrative Hearing Officer to reflect the creation of the position of Chief Administrative Law Judge and make technical corrections.
October 8, 2020 (PDF) The Department of Homeland Security (DHS or the Department), is amending certain DHS regulations governing the H–1B nonimmigrant visa program. Specifically, DHS is: Revising the regulatory definition of and standards for a ‘‘specialty occupation’’ to better align with the statutory definition of the term; adding definitions for ‘‘worksite’’ and ‘‘thirdparty worksite’’; revising the definition of ‘‘United States employer’’; clarifying how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an ‘‘employeremployee relationship’’ between the petitioner and the beneficiary; requiring corroborating evidence of work in a specialty occupation; limiting the validity period for third-party placement petitions to a maximum of 1 year; providing a written explanation when the petition is approved with an earlier validity period end date than requested; amending the general itinerary provision to clarify it does not apply to H–1B petitions; and codifying USCIS’ H–1B site visit authority, including the potential consequences of refusing a site visit. The primary purpose of these changes is to better ensure that each H–1B nonimmigrant worker (H–1B worker) will be working for a qualified employer in a job that meets the statutory definition of a ‘‘specialty occupation.’’ These changes are urgently necessary to strengthen the integrity of the H–1B program during the economic crisis caused by the COVID–19 public health emergency to more effectively ensure that the employment of H–1B workers will not have an adverse impact on the wages and working conditions of similarly employed U.S. workers. In addition, in strengthening the integrity of the H–1B program, these changes will aid the program in functioning more effectively and efficiently.
October 8, 2020 (PDF) The Department of Labor (DOL or the Department) is amending Employment and Training Administration (ETA) regulations governing the prevailing wages for employment opportunities that United States (U.S.) employers seek to fill with foreign workers on a permanent or temporary basis through certain employment-based immigrant visas or through H–1B, H–1B1, or E–3 nonimmigrant visas. Specifically, DOL is amending its regulations governing permanent labor certifications and Labor Condition Applications (LCAs) to incorporate changes to the computation of wage levels under the Department’s four-tiered wage structure based on the Occupational Employment Statistics (OES) wage survey administered by the Bureau of Labor Statistics (BLS). The primary purpose of these changes is to update the computation of prevailing wage levels under the existing four-tier wage structure to better reflect the actual wages earned by U.S. workers similarly employed to foreign workers.  This update will allow DOL to more effectively ensure that the employment of immigrant and nonimmigrant workers admitted or otherwise provided status through the above-referenced programs does not adversely affect the wages and job opportunities of U.S. workers.
October 20, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
October 20, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
October 21, 2020 (PDF) The Department of State is seeking Office of Management and Budget (OMB) approval for the information collection described below.  In accordance with the Paperwork Reduction Act of 1995, we are requesting comments on this collection from all interested individuals and organizations. The purpose of this notice is to allow 60 days for public comment preceding submission of the collection to OMB.
October 21, 2020 (PDF) On December 19, 2019, the Department of Justice (‘‘DOJ’’) and the Department of Homeland Security (‘‘DHS’’) (collectively, ‘‘the Departments’’) published a notice of proposed rulemaking (‘‘NPRM’’) that would amend their respective regulations governing the bars to asylum eligibility. The Departments also proposed to clarify the effect of criminal convictions and to remove their respective regulations governing the automatic reconsideration of discretionary denials of asylum applications. This final rule (‘‘final rule’’ or ‘‘rule’’) responds to comments received and adopts the provisions of the NPRM with technical corrections to ensure clarity and internal consistency.
October 21, 2020 (PDF) The Department of State (‘‘Department’’) proposes to amend its regulation governing nonimmigrant visas for temporary visitors for business, the B–1 nonimmigrant visa classification, by removing two sentences defining the term ‘‘business’’ that are outdated due to changes in the INA since 1952, from when the two sentences originate. With removal of these sentences, the Department would no longer authorize issuance of B–1 visas for certain aliens classifiable as H–1B or H–3 nonimmigrants, commonly referred to as the ‘‘B–1 in lieu of H’’ policy, unless the alien independently qualifies for a B–1 visa for a reason other than the B–1 in lieu of H policy.
October 22, 2020 (PDF)

The Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The purpose of this notice is to allow an additional 30 days for public comments.  USCIS made one change to the Form I–129CWR Instructions being submitted with this 30-day Federal Register Notice to correct a legal error. The first two rows of the table on page 1 identifying the CW–1 petition validity period and whether Form I–129CWR must be filed were updated to reflect the correct time ranges during which Form I–129CWR is and is not required.

USCIS made one change to the Form I–129CW Instructions being submitted with this 30-day Federal Register Notice to correct a legal error. The use of ‘‘children under 21’’ in the I–129CW instructions was corrected to ‘‘children under 18’’ to properly reflect the regulatory definition at 8 CFR 214.2(w)(1)(ix) that a minor child is a child as defined in section 101(b)(1) of the Immigration and Nationality Act, who is under 18 years of age.

November 2020

Date Title
November 3, 2020 (PDF) On August 26, 2019, the Department of Justice (‘‘Department’’) published an interim final rule (‘‘IFR’’) amending the regulations related to the internal organization of the Executive Office for Immigration Review (‘‘EOIR’’).  The amendments reflected changes related to the establishment of EOIR’s Office of Policy (‘‘OP’’) in 2017, made related clarifications or changes to the organizational role of EOIR’s Office of the General Counsel (‘‘OGC’’) and Office of Legal Access Programs (‘‘OLAP’’), updated the Department’s organizational regulations to align them with EOIR’s regulations, made nomenclature changes to the titles of the members of the Board of Immigration Appeals (‘‘BIA’’ or ‘‘Board’’), provided for a delegation of authority from the Attorney General to the EOIR Director (‘‘Director’’) related to the efficient disposition of appeals, and clarified the Director’s authority to adjudicate cases following changes to EOIR’s Recognition and Accreditation Program (‘‘R&A Program’’) in 2017. This final rule responds to comments received and adopts the provisions of the IFR with some additional amendments: Restricting the authority of the Director regarding the further delegation of certain regulatory authorities, clarifying that the Director interprets relevant regulatory provisions when adjudicating recognition and accreditation (‘‘R&A’’) cases, and reiterating the independent judgment and discretion by which the Director will consider cases subject to his adjudication.
November 2, 2020 (PDF) Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from November 3, 2020, through May 2, 2022. The extension allows currently eligible TPS beneficiaries to retain TPS through May 2, 2022, so long as they otherwise continue to meet the eligibility requirements for TPS. This notice also sets forth procedures necessary for nationals of South Sudan (or aliens having no nationality who last habitually resided in South Sudan) to re-register for TPS and to apply for Employment Authorization Documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). USCIS will issue new EADs with a May 2, 2022, expiration date to eligible beneficiaries under South Sudan’s TPS designation who timely re-register and apply for EADs under this extension.
November 5, 2020 (PDF) The Department of Labor (Department or DOL) is amending its regulations governing the certification of agricultural labor or services to be performed by temporary foreign workers in H–2A nonimmigrant status (H–2A workers). Specifically, the Department is amending its regulations to revise the methodology by which it determines the hourly Adverse Effect Wage Rates (AEWRs) for non-range agricultural occupations using wage data reported by the U.S. Department of Agriculture’s (USDA) Farm Labor Survey (FLS) and the Department’s Bureau of Labor Statistics (BLS) Occupational Employment Statistics (OES) survey.  This final rule improves the consistency and accuracy of the AEWRs based on the actual work being performed by H–2A workers, and establishes better stability and predictability for employers to comply with their wage obligations. These regulations are consistent with the Secretary of Labor’s (Secretary) statutory responsibility to certify that the employment of H–2A workers will not adversely affect the wages and working conditions of workers in the United States similarly employed. While the Department intends to address all of the remaining proposals from the July 26, 2019 proposed rule in a subsequent, second final rule governing other aspects of the certification of agricultural labor or services to be performed by H–2A workers and enforcement of the contractual obligations applicable to employers of such nonimmigrant workers, the Department focused this final rule on the immediate need for regulatory action to revise the methodology by which it determines the hourly AEWRs for non-range agricultural occupations before the end of the calendar year.
November 6, 2020 (PDF) Presidential Determination on Refugee Admissions for Fiscal Year 2021
November 9, 2020 (PDF) The Administration for Children and Families (ACF), Office of Refugee Resettlement (ORR) is requesting a 3-year extension of the ACF form ORR–0135 State Plan for Grants to States for Refugee Resettlement (OMB #0970–0351, expiration 3/31/2021). ORR is proposing changes to the form.
November 18, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review, will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
November 19, 2020 (PDF) The U.S. Department of Homeland Security (DHS) is proposing to eliminate employment authorization eligibility for aliens who have final orders of removal but are temporarily released from custody on an order of supervision with one narrow exception.  DHS proposes to continue to allow employment authorization for aliens for whom DHS has determined that their removal is impracticable because all countries from whom travel documents have been requested have affirmatively declined to issue a travel document and who establish economic necessity. DHS intends for this rule to reduce the incentive for aliens to remain in the United States after receiving a final order of removal and to strengthen protections for U.S. workers.  DHS is also proposing to clarify that aliens who have been granted a deferral of removal based on the United States’ obligations under the United Nations (U.N.) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) are similarly situated to aliens granted withholding of removal under the Immigration and Nationality Act (INA) and regulations implementing CAT, in that they cannot be removed to the country in question while the order deferring their removal is in place. As such, DHS is proposing to treat aliens granted CAT deferral of removal as employment authorized based upon the grant of deferral of removal.
November 19, 2020 (PDF) The Department of Homeland Security (DHS) is required by statute to develop and implement an integrated, automated entry and exit data system to match records, including biographic data and biometrics, of aliens entering and departing the United States.  Although the current regulations provide that DHS may require certain aliens to provide biometrics when entering and departing the United States, they only authorize DHS to require certain aliens to provide biometrics upon departure under pilot programs at land ports and at up to 15 airports and seaports. To advance the legal framework for DHS to begin a comprehensive biometric entry-exit system, DHS is proposing to amend the regulations to remove the references to pilot programs and the port limitation to permit collection of biometrics from aliens departing from airports, land ports, seaports, or any other authorized point of departure. In addition, to enable U.S. Customs and Border Protection (CBP) to make the process for verifying the identity of aliens more efficient, accurate, and secure by using facial recognition technology, DHS is proposing to amend the regulations to provide that all aliens may be required to be photographed upon entry and/or departure. U.S. citizens may voluntarily opt out of participating in CBP’s biometric verification program. This proposed rule also makes other minor conforming and editorial changes to the regulations.
November 19, 2020 (PDF) This notice announces that DHS is withdrawing a notice of proposed rulemaking published in the Federal Register on April 24, 2008 which proposed to require commercial air and vessel carriers to collect biometric information from certain aliens departing the United States and submit this information to the Department of Homeland Security (DHS) within a certain timeframe.
November 20, 2020 (PDF) In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS) proposes to modify and reissue a current system of records titled, ‘‘DHS/U.S. Immigration and Customs Enforcement (ICE)–009 External Investigations System of Records.’’ This system of records allows the DHS/ICE to collect and maintain records by ICE Homeland Security Investigations (HSI).  This system of records covers information related to external audits, inquiries, and investigations pertaining to suspected violations of laws regulating the movement of people and goods into and out of the United States.  DHS/ICE is updating this system of records to revise the purpose, update and expand the category of individuals, add new categories of records, modify and add to routine uses, update the records retention policies, and make non-substantive formatting changes.
November 20, 2020 (PDF) The Department of State (the Department) is proposing revisions to the Code of Federal Regulations to amend requirements for accreditation and authorization by the United States to provide adoption services in intercountry adoption cases. This proposed rule amends regulations to provide clarification, updating, or other adaptation of familiar accreditation and approval standards for intercountry adoption. It includes long-awaited provisions for intercountry adoption by relatives. The new regulations simplify and streamline the process by limiting the number of adoption services the primary provider must provide and capitalizing on the adoptive family’s understanding of local culture and institutions. It provides a comprehensive definition of relative to clarify the relationships that are encompassed in the amendments to the accreditation rule. Also featured in this proposed rule is a new focus on supporting children and families in the event their adoptive placement disrupts.
November 24, 2020 (PDF) This temporary final rule provides for a U.S. Department of State (Department) visa bond pilot program (Pilot Program) with specified parameters. The purpose of the Pilot Program is to assess the operational feasibility of posting, processing, and discharging visa bonds, in coordination with the Department of Homeland Security (DHS), to help assess the burden on government agencies and identify any practical challenges related to visa bonds. The Pilot Program does not aim to assess whether issuing visa bonds will be effective in reducing the number of aliens who overstay their temporary business visitor/tourist (B–1/B–2) visa. Visa applicants potentially subject to the Pilot Program include aliens who: Are applying for visas as temporary visitors for business or pleasure (B–1/B–2); are from countries with high visa overstay rates; and already have been approved by DHS for an inadmissibility waiver. Because this is a visa bond program, aliens traveling under the Visa Waiver Program fall outside the scope of the Pilot Program, as those travelers do not apply for visas.  The Pilot Program is designed to apply to nationals of specified countries with high overstay rates to serve as a diplomatic tool to encourage foreign governments to take all appropriate actions to ensure their nationals timely depart the United States after making temporary visits. The Pilot Program will run for six months. During that period, consular officers may require nonimmigrant visa applicants falling within the scope of the Pilot Program to post a bond in the amount of $5,000, $10,000, or $15,000 as a condition of visa issuance. The amount of the bond, should a bond be appropriate, will be determined by the consular officer based on the circumstances of the visa applicant.
November 25, 2020 (PDF) The Department of Homeland Security, through its Acting Secretary, is publishing a notice of two ratification documents regarding a number of previous actions by the Department. The ratifications provide the public with certainty, by resolving any potential defect in the validity of those actions.
November 27, 2020 (PDF) The Department of Justice (‘‘Department’’) proposes to amend Executive Office for Immigration Review (‘‘EOIR’’) regulations governing the filing and adjudication of motions to reopen and reconsider and to add regulations governing requests for discretionary stays of removal.
November 27, 2020 (PDF) The Department of Justice (‘‘Department’’ or ‘‘DOJ’’) is proposing to define ‘‘good cause,’’ in the context of continuances, adjournments, and postponements, in its immigration regulations.
November 30, 2020 (PDF) The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.

December 2020

Date Title
December 1, 2020 (PDF) U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) in the Federal Register of September 9, 2020, concerning harmonization of the fees for the Global Entry and SENTRI trusted traveler programs as well as other changes to those programs. An incorrect Regulation Identifier Number (RIN) was inadvertently listed in the heading of that document. This document corrects the September 9, 2020 document to reflect that the correct RIN is 1651–AB34 as set forth above. Additionally, CBP included a summary of the CBP Trusted Traveler Programs Fee Study (Fee Study) in the NPRM and stated that the full Fee Study was included in the docket of the rulemaking. CBP inadvertently failed to post the Fee Study on the docket when the NPRM was published. Therefore, CBP is notifying the public that the Fee Study has now been posted in the docket and that CBP is re-opening the comment period and requesting comments on the stand-alone Fee Study.
December 4, 2020 (PDF) The Executive Office for Immigration Review (‘‘EOIR’’) is proposing to implement electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals (‘‘BIA’’).  The proposed rule would update the relevant regulations necessary to implement these electronic filing and records applications, including requiring certain users to file documents electronically and changes to service of process. EOIR further proposes clarifications to the regulations regarding law student filing and accompaniment procedures.
December 4, 2020 (PDF) As required by the Privacy Act of 1974, as amended, DHS/USCIS is issuing public notice of the reestablished computer matching program between DHS, USCIS and the California Department of Social Services (CA–DSS), titled ‘‘Verification Division DHS–USCIS/CA–DSS.’’
December 9, 2020 (PDF) Through this notice, the Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction orders of the U.S. District Court for the Northern District of California in Ramos, et al. v. Nielsen, et. al., No. 18–cv–01554 (N.D. Cal. Oct. 3, 2018) (‘‘Ramos’’) and the U.S. District Court for the Eastern District of New York in Saget, et. al., v. Trump, et. al., No. 18–cv–1599 (E.D.N.Y. Apr. 11, 2019) (‘‘Saget’’), and with the order of the U.S. District Court for the Northern District of California to stay proceedings in Bhattarai v. Nielsen, No. 19–cv–00731 (N.D. Cal. Mar. 12, 2019) (‘‘Bhattarai’’). A panel of the U.S. Court of Appeals for the Ninth Circuit vacated the injunction in Ramos on September 14, 2020. However, because the appellate court has not issued its directive to the district court to make that ruling effective, the injunction remains in place at this time. See Ramos, et al., v. Wolf, et al., No. 18–16981 (9th Cir., September 14, 2020).  Beneficiaries under the Temporary Protected Status (TPS) designations for El Salvador, Nicaragua, Sudan, Honduras, and Nepal will retain their TPS while the preliminary injunction in Ramos and the Bhattarai order remain in effect, provided that an alien’s TPS is not withdrawn because of individual ineligibility. Beneficiaries under the TPS designation for Haiti will retain their TPS while either of the preliminary injunctions in Ramos or Saget remain in effect, provided that an alien’s TPS is not withdrawn because of individual ineligibility. This notice further provides information on the automatic extension of the validity of TPS-related Employment Authorization Documents (EADs); Notices of Action (Forms I–797); and Arrival/Departure Records (Forms I–94), (collectively ‘‘TPS-related documentation’’); for those beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal.
December 11, 2020 (PDF) On June 15, 2020, the Department of Homeland Security (‘‘DHS’’) and the Department of Justice (‘‘DOJ’’) (collectively ‘‘the Departments’’) published a notice of proposed rulemaking (‘‘NPRM’’ or ‘‘proposed rule’’) that would amend the regulations governing credible fear determinations. The proposed rule would make it so that individuals found to have a credible fear will have their claims for asylum, withholding of removal under section 241(b)(3) of the Immigration and Nationality Act (‘‘INA’’ or ‘‘the Act’’) (‘‘statutory withholding of removal’’), or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (‘‘CAT’’), adjudicated by an immigration judge within the Executive Office for Immigration Review (‘‘EOIR’’) in streamlined proceedings (rather than under section 240 of the Act), and to specify what standard of review applies in such streamlined proceedings. The Departments further proposed changes to the regulations regarding asylum, statutory withholding of removal, and withholding and deferral of removal under the Convention Against Torture (‘‘CAT’’) regulations. The Departments also proposed amendments related to the standards for adjudication of applications for asylum and statutory withholding. This final rule (‘‘rule’’ or ‘‘final rule’’) responds to comments received in response to the NPRM and generally adopts the NPRM with few substantive changes.
December 16, 2020 (PDF) On August 26, 2020, the Department of Justice (‘‘Department’’) published a notice of proposed rulemaking (‘‘NPRM’’ or ‘‘proposed rule’’) that would amend the regulations of the Executive Office for Immigration Review (‘‘EOIR’’) regarding the handling of appeals to the Board of Immigration Appeals (‘‘BIA’’ or ‘‘Board’’).  The Department proposed multiple changes to the processing of appeals to ensure the consistency, efficiency, and quality of its adjudications.  The Department also proposed to amend the regulations to make clear that there is no freestanding authority of line immigration judges or BIA members to administratively close cases. Finally, the Department proposed to delete inapplicable or unnecessary provisions regarding the forwarding of the record of proceedings on appeal. This final rule responds to comments received in response to the NPRM and adopts the NPRM with minor changes as described below.
December 16, 2020 (PDF) On September 23, 2020, the Department of Justice (‘‘DOJ’’ or ‘‘the Department’’) published a notice of proposed rulemaking (‘‘NPRM’’ or ‘‘proposed rule’’) that proposed to amend the regulations governing the adjudication of applications for asylum and withholding of removal before the Executive Office for Immigration Review (‘‘EOIR’’), including outlining requirements for filing a complete application for relief and the consequences of filing an incomplete application, and establishing a 15-day filing deadline for aliens applying for asylum in asylum-and-withholdingonly- proceedings, and clarifying evidentiary standards in adjudicating such applications. Further, the Department proposed changes related to the 180-day asylum adjudication clock.  This final rule responds to comments received in response to the NPRM and adopts the NPRM with few changes.
December 17, 2020 (PDF) On July 16, 2019, the Department of Justice and the Department of Homeland Security (‘‘DOJ,’’ ‘‘DHS,’’ or, collectively, ‘‘the Departments’’) published an interim final rule (‘‘IFR’’) governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border between the United States and Mexico (‘‘southern land border’’) after failing to apply for protection from persecution or torture while in a third country through which they transited en route to the United States. This final rule responds to comments received on the IFR and makes minor changes to regulations implemented or affected by the IFR for clarity and correction of typographical errors.
December 18, 2020 (PDF) On February 28, 2020, the Department of Justice (‘‘the Department’’ or ‘‘DOJ’’) published a notice of proposed rulemaking (‘‘NPRM’’ or ‘‘proposed rule’’) that would increase the fees for those Executive Office for Immigration Review (‘‘EOIR’’) applications, appeals, and motions that are subject to an EOIRdetermined fee, based on a fee review conducted by EOIR. The proposed rule would not affect fees established by the Department of Homeland Security (‘‘DHS’’) with respect to DHS forms for applications that are filed or submitted in EOIR proceedings. The proposal would not affect the ability of aliens to submit fee waiver requests, nor would it add new fees. The proposed rule would also update cross-references to DHS regulations regarding fees and make a technical change regarding requests under the Freedom of Information Act (‘‘FOIA’’). This final rule responds to comments received in response to the NPRM and adopts the fee amounts proposed in the NPRM without change.
December 23, 2020 (PDF) On July 9, 2020, DHS and DOJ (collectively, ‘‘the Departments’’) published a notice of proposed rulemaking (‘‘NPRM’’) clarifying that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. This final rule responds to comments received in response to the NPRM and reflects (and in some instances, modifies) intervening changes made to the regulatory framework by Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review, published December 11, 2020 (‘‘Global Asylum Final Rule’’). Namely, it amends existing regulations to clarify that in certain circumstances there are ‘‘reasonable grounds for regarding [an] alien as a danger to the security of the United States’’ or ‘‘reasonable grounds to believe that [an] alien is a danger to the security of the United States’’ based on emergency public health concerns generated by a communicable disease, making the alien ineligible to be granted asylum in the United States under section 208 of the Immigration and Nationality Act (‘‘INA’’) or the protection of withholding of removal under the INA (‘‘statutory withholding of removal’’) or subsequent regulations (because of the threat of torture). The final rule further allows DHS to exercise its prosecutorial discretion regarding how to process individuals subject to expedited removal who are determined to be ineligible for asylum and withholding of removal in the United States because they are subject to the danger to the security of the United States. Finally, the rule modifies the process in expedited removal proceedings for screening aliens for potential eligibility for deferral of removal (who are ineligible for withholding of removal as subject to the danger to the security of the United States bar).
December 23, 2020 (PDF) I hereby determine, in accordance with section 5 of Presidential Proclamation No. 6958, of November 22, 1996, that the suspension of entry into the United States of members or officials of the Government of Sudan (GOS) and members of the Sudanese armed forces is no longer necessary and should be terminated given the termination of the restrictive measures in UN Security Council Resolution 1054 and its successor resolution UNSCR 1070, and the significant shift in U.S. foreign policy toward Sudan following the installation of the new Sudanese Civilian-Led Transitional Government.  Restrictions imposed in said proclamation, pursuant to Section 212(f) and 215 of the Immigration and Nationality Act of 1952 as amended (8 U.S.C. 1182(f) and section 301 of title 3, United States Code shall therefore lapse, and said proclamation shall terminate effective immediately.  This determination will be reported to Congress and published in the Federal Register.
December 28, 2020 (PDF) The Department of Justice (DOJ), Executive Office for Immigration Review (EOIR), will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.
Updated October 5, 2023