U.S. Department
of Justice
Federal Register Notices - 2021
January 2021
| Date | Title |
|---|---|
| January 4, 2021 (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 Imperial County, California. |
| January 4, 2021 (PDF) | The Department of Homeland Security and the Department of Labor (DOL) are jointly issuing this notice of proposed rulemaking to seek public comments on a proposal to extend DOL’s recently established system of discretionary Secretary of Labor review to H–2B temporary labor certification cases (H–2B cases) pending before or decided by the Department of Labor’s Board of Alien Labor Certification Appeals and to make technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labor’s Administrative Review Board in H–2B cases. |
| January 6, 2021 (PDF) | Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak. |
| January 7, 2021 (PDF) | For the period beginning January 1, 2021, and ending on March 31, 2021, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is .09 per centum per annum. |
| January 8, 2021 (PDF) | The Department of Homeland Security (DHS or the Department) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H–1B registrations for the filing of H–1B cap-subject petitions (or H–1B petitions for any year in which the registration requirement is suspended), by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment. |
| January 11, 2021 (PDF) | The Department of Justice is correcting a final rule that appeared in the Federal Register on December 11, 2020. That document amended Department of Homeland Security and Department of Justice (‘‘the Departments’’) regulations governing credible fear determinations. Individuals found to have a credible fear will have their claims for asylum, withholding of removal under Immigration and Nationality or protection under the regulations issued pursuant to the legislation implementing the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, adjudicated by an immigration judge within the Executive Office for Immigration Review in streamlined proceedings (rather than under section 240 of the Act). The final rule also specified what standard of review applies in such streamlined proceedings. |
| January 13, 2021 (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. Each such notice shall be effective for one year after its date of publication. This noticeannounces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 81 countries whose nationals are eligible to participate in the H–2A program and 80 countries whose nationals are eligible to participate in the H–2B program for the coming year. |
| January 14, 2021 (PDF) | The U.S. Department of Labor (Department) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Department, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The Inflation Adjustment Act requires the Department to annually adjust its civil money penalty levels for inflation no later than January 15 of each year. The Inflation Adjustment Act provides that agencies shall adjust civil monetary penalties notwithstanding Section 553 of the Administrative Procedure Act (APA). Additionally, the Inflation Adjustment Act provides a cost-of-living formula for adjustment of the civil penalties. Accordingly, this final rule sets forth the Department’s 2021 annual adjustments for inflation to its civil monetary penalties. |
| January 14, 2021 (PDF) | Based upon a review of the Administrative Records 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 bases for the designations of the aforementioned organizations as Foreign Terrorist Organizations have not changed in such a manner as to warrant revocation of the designations and that the national security of the United States does not warrant a revocation of the designations. Therefore, I hereby determine that the designations of the aforementioned organizations as Foreign Terrorist Organizations, pursuant to Section 219 of the INA (8 U.S.C. 1189), shall be maintained. This determination shall be published in the Federal Register. |
| January 14, 2021 (PDF) | Review of the Designation as a Foreign Terrorist Organization of Palestinian Islamic Jihad (and Other Aliases) |
| January 14, 2021 (PDF) | In the Matter of the Designation of Harakat Sawa'd Misr (and Other Aliases) as a Foreign Terrorist Organization |
| January 14, 2021 (PDF) | Review and Amendment of the Designation of ISIL-Sinai Province (and Other Aliases) as a Foreign Terrorist Organization |
| January 14, 2021 (PDF) | Review and Amendment of the Designation of Lashkar i Jhangvi (and Other Aliases) as a Foreign Terrorist Organization |
| January 19, 2021 (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 Ansarallah, also known as Ansar Allah; also known as Ansarullah; also known as Partisans of God; and also known as Supporters of God. Therefore, I hereby designate the aforementioned organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA. This determination shall be published in the Federal Register. |
| January 22, 2021 (PDF) | This notice announces that the Commissioner of U.S. Customs and Border Protection is designating an approved Native American tribal card issued by the Muscogee (Creek) Nation to U.S. and Canadian citizen tribal members as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. The approved card may be used to denote identity and citizenship of Muscogee (Creek) Nation members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry. |
| January 22, 2021 (PDF) | Terminating Suspensions of Entry Into the United States of Aliens Who Have Been Physically Present in the Schengen Area, the United Kingdom, the Republic of Ireland, and the Federative Republic of Brazil |
| January 25, 2021 (PDF) | Ending Discriminatory Bans on Entry to the United States |
| January 25, 2021 (PDF) | On December 23, 2020, DHS and DOJ (collectively, ‘‘the Departments’’) published a final rule to clarify that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal encompass certain emergency public health concerns and make certain other changes. The Departments are delaying the rule’s effective date for 60 days. |
| January 25, 2021 (PDF) | Deferred Enforced Departure for Certain Venezuelans |
| January 25, 2021 (PDF) | Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation |
| January 25, 2021 (PDF) | Reinstating Deferred Enforced Departure for Liberians |
| January 28, 2021 (PDF) | Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 |
| January 29, 2021 (PDF) | U.S. Citizenship and Immigration Services (USCIS) is issuing this document to inform the public of two preliminary injunctions ordered by Federal district courts affecting the Department of Homeland Security’s (the Department, or DHS) final rule entitled ‘‘U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements.’’ |
February 2021
| Date | Title |
|---|---|
| February 3, 2021 (PDF) | Due to the receipt of a significant adverse comment, the Department of Homeland Security and the Department of Labor (Departments) are jointly withdrawing the January 4, 2021, direct final rule (DFR) that would have extended DOL’s recently established system of discretionary Secretary of Labor review to H–2B temporary labor certification cases (H–2B cases) pending before or decided by the Department of Labor’s Board of Alien Labor Certification Appeals and made technical, conforming changes to regulations governing the timing and finality of those decisions and of decisions from the Department of Labor’s Administrative Review Board in H–2B cases. |
| February 5, 2021 (PDF) | Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans. |
| February 5, 2021 (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. |
| February 5, 2021 (PDF) | Creating a Comprehensive Regional Framework To Address the Causes of Migration, To Manage Migration Throughout North and Central America, and To Provide Safe and Orderly Processing of Asylum Seekers at the United States Border. |
| February 5, 2021 (PDF) | Establishment of Interagency Task Force on the Reunification of Families. |
| February 8, 2021 (PDF) | On January 8, 2021, DHS published a final rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H–1B Petitions (H–1B Selection Final Rule)amending regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H–1B registrations for the filing of H–1B cap-subject petitions (or H–1B petitions for any year in which the registration requirement is suspended), by generally first selecting registrations based on the highest Occupational Employment Statistics (OES) prevailing wage level that the proffered wage equals or exceeds for the relevant Standard Occupational Classification (SOC) code and area(s) of intended employment. The Department is delaying the rule’s effective date until December 31, 2021, because USCIS will not have adequate time to complete system development, thoroughly test the modifications, train staff, and conduct public outreach needed to ensure an effective and orderly implementation of the H–1B Selection Final Rule by the time the initial registration period will be open for the upcoming fiscal year (FY) 2022 H–1B cap season. During the delay, while USCIS works through the issues associated with implementation, DHS leadership will also evaluate the January 8th rule and its associated policies, as is typical of agencies at the beginning of a new Administration. |
| February 9, 2021 (PDF) | Rebuilding and Enhancing Programs To Resettle Refugees and Planning for the Impact of Climate Change on Migration. |
| February 10, 2021 (PDF) | U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking (NPRM) in the Federal Register on November 19, 2020, concerning collection of facial images and other biometrics from aliens entering and departing the United States. Based on comments received on the NPRM, CBP has decided to re-open the comment period for an additional 30 days. |
| February 12, 2021 (PDF) | Blocking Property With Respect to the Situation in Burma |
| February 16, 2021(PDF) | In consultation with the Attorney General and the Secretary of the Treasury, I hereby revoke the designation of Ansarallah, and its aliases, as a Foreign Terrorist Organization pursuant to Section 219 (a)(6)(A) of the Immigration and Nationality Act, as amended (8 U.S.C. 1189(a)(6)(A)). This determination shall be published in the Federal Register. |
| February 16, 2021(PDF) | On January 20, 2021, President Biden issued a memorandum to the Secretary of Homeland Security (Secretary) directing the Secretary to reinstate Deferred Enforced Departure (DED) for eligible Liberians, and to provide for continued work authorization through June 30, 2022. Eligible Liberian nationals (and persons without nationality who last habitually resided in Liberia) covered under DED as of January 10, 2021 may remain in the United States through June 30, 2022. This notice extends through June 30, 2022 employment authorization for Liberians covered under DED and also automatically extends DED-related Employment Authorization Documents (EADs) for those who already have an EAD with a printed expiration date of March 30, 2020 or January 10, 2021. The reinstatement of DED for Liberians is intended to allow additional time for eligible Liberians to apply for adjustment of status on or before December 20, 2021 under the extension of the Liberian Refugee Immigration Fairness (LRIF) provision in section 901 of the Consolidated Appropriations Act, 2021. Liberians who apply for adjustment of status under LRIF may immediately apply for employment authorization consistent with that provision. |
| February 16, 2021(PDF) | A ‘‘Memorandum on Reinstating Deferred Enforced Departure for Liberians’’ was issued by President Biden on January 20, 2021. The President determined that it is in the foreign policy interests of the United States to reinstate Deferred Enforced Departure (DED) for Liberians through June 30, 2022. The President directed the Secretary of Homeland Security to extend DED for eligible Liberians currently covered under DED and to provide for continued work authorization through June 30, 2022. The President further authorized and directed the Secretary of Homeland Security to publish this memorandum in the Federal Register. |
| February 18, 2021 (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. |
| February 18, 2021 (PDF) | The Office of Refugee Resettlement (ORR), Administration for Children and Families (ACF), U.S. Department of Health and Human Services (HHS), is inviting public comment on the proposed collection. The request consists of several forms that allow the Unaccompanied Alien Children (UAC) Program to provide legal services to UAC. |
| February 22, 2021 (PDF) | This rule is promulgated for two reasons: To revise the definition of ‘‘equivalent of a diplomatic passport’’ to include non-national passports issued by a competent authority other than a foreign government and as designated by the Secretary of State; and to clarify the categories of nonimmigrants who may be eligible for a ‘‘diplomatic type’’ or ‘‘official type’’ visa, irrespective of the nonimmigrant visa classification. These technical revisions provide greater clarity and consistency with existing U.S. law and practices regarding the entities that the United States considers eligible to issue travel documents and the individuals who may qualify for ‘‘diplomatic type’’ or ‘‘official type’’ visas, irrespective of the nonimmigrant visa classification. |
| February 23, 2021 (PDF) | The Employment and Training Administration (ETA) of the Department of Labor (Department) is issuing this notice to announce the 2021 Adverse Effect Wage Rates (AEWR) for the employment of temporary or seasonal nonimmigrant foreign workers (H–2A workers) to perform agricultural labor or services other than the herding or production of livestock on the range. AEWRs are the minimum wage rates the Department has determined must be offered and paid by employers to H–2A workers and workers in corresponding employment for a particular occupation and area so that the wages and working conditions of similarly employed workers in the United States will not be adversely affected. In this notice, the Department announces updates of the AEWRs, which are effective immediately pursuant to a recent federal court order. Supplemental Order Regarding Preliminary Injunctive Relief, United Farm Workers, et al. v. U.S. Dep’t of Labor, et al., No. 20–cv–1690 (E.D. Cal. Jan. 12, 2021), ECF No. 39. |
March 2021
| Date | Title |
|---|---|
| March 1, 2021 (PDF) | Revoking Proclamation 10014 |
| March 1, 2021 (PDF) | In accordance with the Privacy Act, we are issuing public notice of our intent to modify an existing system of records entitled, Travel and Border Crossing Records (60–0389), last published on March 3, 2019. This notice publishes details of the modified system as set forth under the caption, SUPPLEMENTARY INFORMATION. |
| March 3, 2021 (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. |
| March 4, 2021 (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. |
| March 9, 2021 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Venezuela for Temporary Protected Status (TPS) for 18 months, effective March 9, 2021, through September 9, 2022. This notice also provides procedures for individuals who believe they are eligible for TPS under the designation of Venezuela to apply. This notice also provides information about Deferred Enforced Departure (DED) for eligible Venezuelan nationals (and persons without nationality who last habitually resided in Venezuela), and provides information on how eligible individuals may apply for DED-related EADs with USCIS, based on the January 19, 2021 memorandum from former President Donald Trump directing the Secretary to take appropriate measures for the implementation of DED for Venezuelan nationals for 18 months, through July 20, 2022 (see 86 FR 6845, dated January 25, 2021). Note: Individuals who apply for and receive TPS and who are also covered by DED do not need to apply for employment authorization under both programs. Individuals who apply for an EAD pursuant to their TPS application will receive an EAD with an expiration date of September 9, 2022, that is eligible for renewal if the Secretary extends TPS for Venezuela after September 9, 2022, after determining that Venezuela continues to meet the conditions supporting its designation for TPS. Individuals who apply for an EAD pursuant to DED will receive an EAD with an expiration date of July 20, 2022. If the President does not direct an extension of the DED authorization, DED, and associated employment authorization, will end on July 20, 2022. USCIS encourages individuals who believe they are eligible for TPS to file for the benefit during the initial registration period announced in this Notice, even if they are also covered by DED, in case they cannot qualify for TPS late initial filing under 8 CFR 244.2(f)(2) after DED has expired. |
| March 9, 2021 (PDF) | The Department of Justice (DOJ), Office of Justice Programs, Bureau of Justice Assistance, 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. |
| March 11, 2021 (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 Islamic State of Iraq and Syria—Mozambique, also known as ISIS-Mozambique, also known as Islamic State—Mozambique, also known as Ansar al-Sunna, also known as Helpers of Tradition, also known as Ahlal-Sunna wa al-Jamaa, also known as Adherents to the Traditions and the Community, also known as al-Shabaab in Mozambique, also known as Islamic State Central Africa Province, also known as Wilayah Central Africa, also known as Ansaar Kalimat Allah, also known as Supporters of the Word of Allah. Therefore, I hereby designate the aforementioned organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA. This determination shall be published in the Federal Register. |
| March 11, 2021 (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 Islamic State of Iraq and Syria—Democratic Republic of the Congo, also known as ISIS–DRC, also known as Allied Democratic Forces, also known as Madina at Tauheed Wau Mujahedeen, also known as City of Monotheism and Holy Warriors, also known as Islamic State Central Africa Province, also known as Wilayat Central Africa, also known as Wilayah Central Africa, also known as Wilayah Central Africa Media Office, also known as Wilayat Wasat Ifriqiyah, also known as ISIS-Central Africa. Therefore, I hereby designate the aforementioned organization and its aliases as a foreign terrorist organization pursuant to section 219 of the INA. This determination shall be published in the Federal Register. |
| March 11, 2021 (PDF) | The Department of Homeland Security, U.S. Customs and Border Protection will submit 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. |
| March 15, 2021 (PDF) | This final rule removes the regulations resulting from a final rule issued in August 2019, which has since been vacated by a Federal district court |
| March 17, 2021 (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 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. |
| March 19, 2021 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Syria for Temporary Protected Status (TPS) for 18 months, from March 31, 2021 through September 30, 2022 and redesignating Syria for 18 months, effective March 31, 2021 through September 30, 2022. The extension allows currently eligible TPS beneficiaries to retain TPS through September 30, 2022, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of Syria allows additional individuals who have been continuously residing in the United States since March 19, 2021 to obtain TPS, if otherwise eligible. Through this notice, DHS also sets forth procedures necessary for Syrian nationals (or noncitizens having no nationality who last habitually resided in Syria) either to re-register under the extension, if they already have TPS, and to apply for renewal of their Employment Authorization Documents (EAD) with U.S. Citizenship and Immigration Services (USCIS) or to submit an initial registration application under the redesignation and apply for an EAD. |
| March 22, 2021 (PDF) | In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS) proposes to consolidate two current systems of records, ‘‘DHS/U.S. Immigration and Customs Enforcement (ICE)–005 Trade Transparency Analysis and Research System of Records’’ and ‘‘DHS/ICE–016 FALCON Search and Analysis System of Records,’’ into an overarching system of records titled, ‘‘DHS/ICE–018 Analytical Records.’’ This new agency-wide system of records notice covers records maintained by ICE to allow personnel to search, aggregate, and visualize large volumes of information to enforce criminal, civil, and administrative laws under ICE’s jurisdiction. Additionally, DHS is issuing a Notice of Proposed Rulemaking to exempt this system of records from certain provisions of the Privacy Act elsewhere in the Federal Register. This newly established system will be included in the Department’s inventory of record systems. |
| March 22, 2021 (PDF) | On December 23, 2020, the Department of Homeland Security (‘‘DHS’’) and the Department of Justice (‘‘DOJ’’) (collectively, ‘‘the Departments’’) published a final rule (‘‘Security Bars rule’’) to clarify that the ‘‘danger to the security of the United States’’ standard in the statutory bar to eligibility for asylum and withholding of removal encompasses certain emergency public health concerns and to make certain other changes; that rule was scheduled to take effect on January 22, 2021. As of January 21, 2021, the Departments delayed the rule’s effective date for 60 days to March 22, 2021. In this rule, the Departments are further extending and delaying the rule’s effective date to December 31, 2021. In addition, in light of evolving information regarding the best approaches to mitigating the spread of communicable disease, the Departments are also considering action to rescind or revise the Security Bars rule. The Departments are seeking public comment on whether that rule represents an effective way to protect public health while reducing barriers for noncitizens seeking forms of protection in the United States, or whether the Security Bars rule should be revised or revoked. |
| March 22, 2021 (PDF) | The U.S. Department of Homeland Security (DHS) is withdrawing a proposed rule that published on October 2, 2020. The NPRM had proposed changes to DHS regulations governing the affidavit of support requirements under the Immigration and Nationality Act. |
| March 22, 2021 (PDF) | The Department of Homeland Security (DHS) is extending the effective date (for 180 days) of its temporary final rule which modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID–19 pandemic. |
| March 22, 2021 (PDF) | On March 12, 2021, the Department of Labor (Department or DOL) published a final rule delaying the effective date of the rule entitled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (the rule or Final Rule), published in the Federal Register on January 14, 2021, from March 15, 2021 until May 14, 2021. This action proposes to further delay the effective date of the rule by eighteen months or until November 14, 2022, along with corresponding proposed delays to the rule’s transition dates. This additional delay will provide a sufficient amount of time to thoroughly consider the legal and policy issues raised in the rule, and offer the public, through the issuance of a separate Request for Information, an opportunity to provide information on the sources and methods for determining prevailing wage levels covering 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. This proposed delay will also provide agency officials with a sufficient amount of time to compute and validate prevailing wage data covering specific occupations and geographic areas, complete and thoroughly test system modifications, train staff, and conduct public outreach to ensure an effective and orderly implementation of any revisions to the prevailing wage levels. |
| March 23, 2021 (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. |
| March 24, 2021 (PDF) | U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), is making corrections to the notice titled ‘‘Designation of Venezuela for Temporary Protected Status and Implementation of Employment Authorization for Venezuelans Covered by Deferred Enforced Departure’’ that published in the Federal Register on March 9, 2021. USCIS is correcting typographical errors in the Table 1—Mailing Addresses and Table 2—Mailing Addresses sections of the notice. |
| March 31, 2021 (PDF) | This regulatory agenda is a semiannual summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS’s regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department’s regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda. |
| March 31, 2021 (PDF) | The internet has become the means for disseminating the entirety of the Department of Labor’s semiannual regulatory agenda. However, the Regulatory Flexibility Act requires publication of a regulatory flexibility agenda in the Federal Register. This Federal Register Notice contains the regulatory flexibility agenda. |
April 2021
| Date | Title |
|---|---|
| April 2, 2021 (PDF) | The Department of Labor (Department) invites interested parties to provide information on the sources of data and methodologies for determining prevailing wage levels covering 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, E–3 nonimmigrant visas. The information received in response to this RFI will inform and be considered by the Department as it reviews the final rule entitled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, published in the Federal Register on January 14, 2021, which may result in the development of a future notice of proposed rulemaking to revise the computation of prevailing wage levels in a manner that more effectively ensures the employment of certain immigrant and nonimmigrant workers does not adversely affect the wages of U.S. workers similarly employed. |
| April 6, 2021 (PDF) | For the period beginning April 1, 2021, and ending on June 30, 2021, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is .05 per centum per annum. |
| April 7, 2021 (PDF) | Termination of Emergency With Respect to the International Criminal Court. |
| April 19, 2021 (PDF) | Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation. |
| April 21, 2021 (PDF) | The Department of the Army is modifying and renaming the United States Military Entrance Processing Command (USMEPCOM) Integrated Resource System (USMIRS), A0601–270. As the executive agent, the Department of the Army uses the USMIRS to determine the qualifications of applicants for the Armed Forces of the United States through aptitude testing, medical examination, identity verification, background screening, and administrative processing. Records will also be used to determine patterns and trends in the military population, and for statistical analyses. |
| April 22, 2021 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Venezuela (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current humanitarian crisis in Venezuela. The Secretary is taking action to provide relief to Venezuelan citizens who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS will deem an F–1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice. |
| April 22, 2021 (PDF) | Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021. |
| April 22, 2021 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Syria (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the civil unrest in Syria since March 2011. The Secretary is taking action to provide relief to Syrian citizens who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS will deem an F–1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice. |
| April 27, 2021 (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. |
| April 28, 2021 (PDF) | The Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), 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. This proposed information collection was previously published in the Federal Register on March 4, 2021, allowing for a 60-day comment period. |
| April 28, 2021 (PDF) | The Department of Labor’s (DOL) Employment and Training Administration (ETA) is soliciting comments concerning a proposed extension for the authority to conduct the information collection request (ICR) titled ‘‘Labor Condition Application for H–1B, H–1B1, and E–3 Nonimmigrants’’ and ‘‘Nonimmigrant Worker Information Form’’; and related information collection and retention requirements (OMB Control Number 1205–0310), which covers Form ETA–9035, Form ETA–9035E, Form ETA–9035 & 9035E Appendix A, Form ETA–9035CP, and Form WH–4. This action seeks an extension of the forms without changes. This comment request is part of continuing Departmental efforts to reduce paperwork and respondent burden in accordance with the Paperwork Reduction Act of 1995 (PRA). |
May 2021
| Date | Title |
|---|---|
| May 4, 2021 (PDF) | The Executive Office for Immigration Review, Department of Justice, submitted a 60-day notice for publishing in the Federal Register on March 4, 2021 soliciting comments to an information collection request Fee Waiver Request, to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. Please disregard the duplicate 60-day notice, which was inadvertently published on April 28, 2020. |
| May 6, 2021 (PDF) | Suspension of Entry as Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 |
| May 6, 2021 (PDF) | The Department of Labor (the Department) proposes to amend its regulations regarding the adjudication of temporary need for employers seeking herding or production of livestock on the range job opportunities under the H–2A program. Consistent with a courtapproved settlement agreement, this notice of proposed rulemaking (NPRM or proposed rule) would rescind the regulation that governs the period of need for such job opportunities to ensure the Department’s adjudication of temporary or seasonal need is conducted in the same manner for all applications for temporary agricultural labor certification. |
| May 7, 2021 (PDF) | Emergency Presidential Determination on Refugee Admissions for Fiscal Year 2021 |
| May 10, 2021 (PDF) | The U.S. Department of Homeland Security (DHS) is withdrawing a notice of proposed rulemaking (NPRM) that published on November 19, 2020. The NPRM proposed to revise DHS regulations governing employment authorization for individuals who have a final order of removal and are released from DHS custody on an order of supervision. The NPRM also proposed to amend DHS regulations to clearly indicate the employment eligibility of individuals who have been granted deferral of removal based on the United States’ obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). |
| May 10, 2021 (PDF) | The U.S. Department of Homeland Security (DHS) is withdrawing a proposed rule that published on September 11, 2020. The notice of proposed rulemaking proposed 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, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement. |
| May 11, 2021 (PDF) | The U.S. Department of Homeland Security (DHS) is withdrawing a proposed rule that published on May 29, 2018. The NPRM had proposed removing DHS regulations pertaining to the international entrepreneur parole program. Those regulations guide the adjudication of significant public benefit parole requests made by certain noncitizen entrepreneurs of start-up entities in the United States. |
| May 13, 2021 (PDF) | On March 12, 2021, the Department of Labor (Department or DOL) published a final rule delaying the effective date of the January 14, 2021, rule entitled Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (the rule or Final Rule), from March 15, 2021 until May 14, 2021. On March 22, 2021, the Department proposed to further delay the effective date of the rule by eighteen months from May 14, 2021 until November 14, 2022, along with corresponding proposed delays to the rule’s transition dates. The Department proposed an additional delay to provide a sufficient amount of time to thoroughly consider the legal and policy issues raised in the rule, and offer the public, through the issuance of a Request for Information, an opportunity to provide information on the sources and methods for determining prevailing wage levels covering 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. The Department also proposed the further delay to provide agency officials with a sufficient amount of time to compute and validate prevailing wage data covering specific occupations and geographic areas, complete and thoroughly test system modifications, train staff, and conduct public outreach to ensure an effective and orderly implementation of any revisions to the prevailing wage levels. The Department invited written comments from the public for 30 days, until April 21, 2021, on the proposed further delay and received 627 timely comments. The Department has reviewed the comments received in response to the proposal and will delay the effective date of the Final Rule for a period of 18 months, along with corresponding delays to the rule’s transition dates. |
| May 14, 2021 (PDF) | The Secretary amends the Department of Education regulations so that an institution of higher education (IHE) may appropriately determine which individuals currently or previously enrolled at an institution are eligible to receive emergency financial aid grants to students under the Higher Education Emergency Relief programs, as originally enacted under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (March 27, 2020). |
| May 19, 2021 (PDF) | Revoking Proclamation 9945 |
| May 19, 2021 (PDF) | This final rule removes from the Code of Federal Regulations an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court. |
| May 25, 2021 (PDF) | Through this Notice, DHS announces that the Secretary of Homeland Security is designating Burma for TPS for 18 months, effective May 25, 2021, through November 25, 2022. Under the Immigration and Nationality Act (INA), the Secretary is authorized to designate a foreign state (or any part thereof) for TPS upon finding that extraordinary and temporary conditions in the foreign state prevent its nationals from returning safely, unless permitting the foreign state’s nationals to remain temporarily in the United States is contrary to the national interest of the United States. Regardless of an individual’s country of birth, this designation allows eligible Burmese nationals (and individuals having no nationality who last habitually resided in Burma) who have continuously resided in the United States since March 11, 2021, and have been continuously physically present in the United States since May 25, 2021 to apply for TPS. This Notice also describes the other eligibility criteria applicants must meet. Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on May 25, 2021, and ends on November 22, 2021. They may also apply for TPSrelated Employment Authorization Documents (EADs) and for travel authorization. |
| May 25, 2021 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Burma (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Burma. The Secretary is taking action to provide relief to Burmese citizens who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS will deem an F–1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice. |
| May 25, 2021 (PDF) | The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2021 authority and increasing the numerical limitation on H–2B nonimmigrant visas to authorize the issuance of no more than 22,000 additional visas through the end of the second half of FY 2021 to those businesses likely to suffer irreparable harm, as attested by the employer on a new attestation form. In addition to making additional visas available under the FY 2021 timelimited authority, DHS is exercising its general H–2B regulatory authority to temporarily provide portability flexibility by allowing H–2B workers who are already in the United States to begin work immediately after an H–2B petition (supported by a valid temporary labor certification) is received by USCIS, and before it is approved. |
June 2021
| Date | Title |
|---|---|
| June 1, 2021 (PDF) | The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adding regulations to implement a February 10, 2021 Burmarelated Executive order. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive and definitional guidance, general licenses, and other regulatory provisions. |
| June 10, 2021 (PDF) | Blocking Property and Suspending Entry Into the United States of Certain Persons Contributing to the Destabilizing Situation in the Western Balkans |
| June 11, 2021 (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. |
July 2021
| Date | Title |
|---|---|
| July 6, 2021 (PDF) | The U.S. Department of Homeland Security (DHS) is withdrawing a notice of proposed rulemaking (NPRM) that published on September 25, 2020. The NPRM proposed to revise DHS regulations governing the length of stay for F, J, and certain I nonimmigrants. |
| July 7, 2021 (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. |
| July 8, 2021 (PDF) | For the period beginning July 1, 2021, and ending on September 30, 2021, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is .02 per centum per annum. |
| July 9, 2021 (PDF) | Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Yemen for Temporary Protected Status (TPS) for 18 months, from September 4, 2021, through March 3, 2023, and redesignating Yemen for 18 months, effective September 4, 2021, through March 3, 2023. The extension allows currently eligible TPS beneficiaries to retain TPS through March 3, 2023, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of Yemen allows additional individuals who have been continuously residing in the United States since July 5, 2021, to obtain TPS, if otherwise eligible. Through this Notice, DHS also sets forth procedures necessary for Yemeni nationals (or individuals having no nationality who last habitually resided in Yemen) either to submit an initial registration application under the redesignation and apply for an Employment Authorization Document (EAD) or, if they already have TPS, to re-register under the extension and to apply for renewal of their EADs with U.S. Citizenship and Immigration Services (USCIS). USCIS will issue new EADs with a March 3, 2023 expiration date to eligible beneficiaries under Yemen’s TPS designation who timely reregister and apply for EADs under this extension, or who timely register and apply for EADs under this redesignation. |
| July 9, 2021 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Yemen (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Yemen. The Secretary is taking action to provide relief to Yemeni citizens who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS will deem an F–1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice. |
| July 14, 2021 (PDF) | Pursuant to the Privacy Act of 1974, as amended, and Office of Management and Budget (OMB) Circular No. A–108, notice is hereby given that the Office of Legal Policy (OLP), a component within the United States Department of Justice (DOJ or Department), proposes to modify its system of records notice titled ‘‘General Files System of the Office of Legal Policy,’’ JUSTICE/OLP–003. OLP proposes to modify this system of records notice as part of the Department’s overall effort to update leadership system of records notices in light of organizational, procedural, and technological changes at the Department. |
| July 16, 2021 (PDF) | The Department of Homeland Security (DHS) announces the reopening of the public comment period for the Interim Final Rule titled, Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant Status. DHS published the interim final rule (IFR) on December 19, 2016 and accepted comments until February 17, 2017. To provide the public with further opportunity to comment on the IFR, and to ensure that we are fully considering all current factors, concerns and input of the parties who may be affected by this rulemaking, DHS will reopen the comment period for an additional 30 days. DHS will consider comments received during the entire public comment period in its development of a final rule. |
| July 22, 2021 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Somalia (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Somalia. The Secretary is taking action to provide relief to Somali citizens (regardless of country of birth) who are lawful F–1 nonimmigrant students so that students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS will deem an F–1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice. |
| July 22, 2021 (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 September 18, 2021, through March 17, 2023, and redesignating Somalia for 18 months, effective September 18, 2021 through March 17, 2023. The extension allows currently eligible TPS beneficiaries to retain TPS through March 17, 2023, so long as they otherwise continue to meet the eligibility requirements for TPS. The redesignation of Somalia allows additional individuals who have been continuously residing in the United States since July 19, 2021 to obtain TPS, if otherwise eligible. |
| July 23, 2021 (PDF) | The Farm Service Agency (FSA) is announcing the availability of assistance for timber harvesting and timber hauling businesses impacted by the effects of the COVID–19 outbreak through PATHH. Timber harvesting and hauling businesses are also commonly referred to as loggers and truckers. This NOFA establishes provisions for FSA to provide direct payments to eligible applicants who have suffered a gross revenue loss of at least 10 percent for the period of January 1, 2020, through December 1, 2020, compared to the period of January 1, 2019, through December 1, 2019. The eligibility requirements, payment calculation, and application procedure for PATHH are included in this NOFA. |
| July 28, 2021 (PDF) | The Department of Homeland Security (‘‘DHS’’ or ‘‘the Department’’), U.S. Citizenship and Immigration Services (USCIS), is issuing this document to inform the public of the approval of a new credentialing organization for certain health care workers for certain immigration purposes. |
| July 30, 2021 (PDF) | Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A–108, notice is hereby given that the Justice Management Division (JMD), a component within the United States Department of Justice (DOJ or Department), proposes to develop a new system of records titled Security Monitoring and Analytics Service Records, JUSTICE/JMD–026. JMD proposes to establish this system of records to provide external federal agency subscribers with the technical capability to protect their data from malicious or accidental threats using DOJ-managed systems. |
| July 30, 2021 (PDF) | This regulatory agenda is a semiannual summary of projected regulations, existing regulations, and completed actions of the Department of Homeland Security (DHS) and its components. This agenda provides the public with information about DHS’s regulatory and deregulatory activity. DHS expects that this information will enable the public to be more aware of, and effectively participate in, the Department’s regulatory and deregulatory activity. DHS invites the public to submit comments on any aspect of this agenda. |
| July 30, 2021 (PDF) | The Department of Homeland Security is publishing notification of the Secretary of Homeland Security’s ratification of a rule. |
August 2021
| Date | Title |
|---|---|
| August 3, 2021 (PDF) | Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Haiti for Temporary Protected Status (TPS) for 18 months, effective August 3, 2021, through February 3, 2023. This designation allows eligible Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who have continuously resided in the United States since July 29, 2021, and who have been continuously physically present in the United States since August 3, 2021 to apply for TPS. TPS beneficiaries whose TPS has been continued pursuant to court orders, as described in 85 FR 79208 (Dec. 9, 2020) should newly apply for TPS following the instructions in this Notice |
| August 3, 2021 (PDF) | The Office of Refugee Resettlement (ORR) is requesting a three-year extension of the ORR–2 Quarterly Report on Expenditures and Obligations (OMB #0970–0407, expiration 8/31/2021). There are no changes requested to the form. |
| August 3, 2021 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F–1 nonimmigrant students whose country of citizenship is Haiti (regardless of country of birth) and who are experiencing severe economic hardship as a direct result of the current crisis in Haiti. The Secretary is taking action to provide relief to Haitian citizens who are lawful F–1 nonimmigrant students so the students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F–1 nonimmigrant student status. DHS will deem an F–1 nonimmigrant student who receives employment authorization by means of this notice to be engaged in a ‘‘full course of study’’ for the duration of the employment authorization, if the nonimmigrant student satisfies the minimum course load requirement described in this notice. |
| August 4, 2021 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces extensions of the initial registration periods from 180 days to 18 months for initial (new) applicants under the Temporary Protected Status (TPS) designations for Venezuela, Syria, and Burma. This notice also provides certain specific corrections to the Federal Register notice regarding Venezuela at 86 FR 13574 (Mar. 9, 2021). |
| August 10, 2021 (PDF) | Deferred Enforced Departure for Certain Hong Kong Residents. |
| August 11, 2021 (PDF) | Blocking Property of Additional Persons Contributing to the Situation in Belarus. |
| August 13, 2021 (PDF) | On July 16, 2021, the Department of Homeland Security (DHS) reopened the public comment period for the interim final rule titled ‘‘Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for ‘‘T’’ Nonimmigrant Status,’’ with a comment period ending August 16, 2021. DHS is announcing that the reopened comment period will be extended an additional 30 days. As part of this rulemaking, DHS will consider comments received during the entire public comment period, including comments received since July 16, 2021. |
| August 20, 2021 (PDF) | The Department of Justice (‘‘DOJ’’) and the Department of Homeland Security (‘‘DHS’’) (collectively, ‘‘the Departments’’) are proposing to amend the regulations governing the determination of certain protection claims raised by individuals subject to expedited removal and found to have a credible fear of persecution or torture. Under the proposed rule, such individuals could 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 U.S. obligations under Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (‘‘CAT’’) initially adjudicated by an asylum officer within U.S. Citizenship and Immigration Services (‘‘USCIS’’). Such individuals who are granted relief by the asylum officer would be entitled to asylum, withholding of removal, or protection under CAT, as appropriate. Such individuals who are denied protection would be able to seek prompt, de novo review with an immigration judge (‘‘IJ’’) in the DOJ Executive Office for Immigration Review (‘‘EOIR’’), with appeal available to the Board of Immigration Appeals (‘‘BIA’’). These changes are intended to improve the Departments’ ability to consider the asylum claims of individuals encountered at or near the border more promptly while ensuring fundamental fairness. In addition, among other changes to the asylum process, the Departments are proposing to return to the regulatory framework governing the credible fear screening process in place before various regulatory changes made from the end of 2018 through the end of 2020, so as to apply once more the longstanding ‘‘significant possibility’’ screening standard to all protection claims, but not to apply the mandatory bars to asylum and withholding of removal (with limited exception) at this initial screening stage. |
| August 23, 2021 (PDF) | Under provisions of the Immigration and Nationality Act, the Department of Homeland Security (DHS) administers the public charge ground of inadmissibility as it pertains to applicants for admission and adjustment of status. DHS is publishing this advance notice of proposed rulemaking (ANPRM) to seek broad public feedback on the public charge ground of inadmissibility that will inform its development of a future regulatory proposal. DHS intends to propose a rule that will be fully consistent with law; that will reflect empirical evidence to the extent relevant and available; that will be clear, fair, and comprehensible for officers as well as for noncitizens and their families; that will lead to fair and consistent adjudications and thus avoid unequal treatment of the similarly situated; and that will not otherwise unduly impose barriers on noncitizens seeking admission to or adjustment of status in the United States. DHS also intends to ensure that its regulatory proposal does not cause undue fear among immigrant communities or present other obstacles to immigrants and their families accessing public services available to them, particularly in light of the COVID–19 pandemic and the resulting long-term public health and economic impacts in the United States. DHS welcomes input from individuals, organizations, government entities and agencies, and all other interested members of the public. Comments will be most helpful if they clearly identify the questions to which they are responding, offer concrete proposals, and/or articulate support or opposition to current or prior DHS public charge policies, and cite to relevant laws, regulations, data, and/or studies. DHS is also providing notice of public virtual listening sessions on the public charge ground of inadmissibility and this ANPRM. |
September 2021
| Date | Title |
|---|---|
| September 10, 2021 (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’’). 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 orders remain in effect, provided that their 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 their TPS is not withdrawn because of individual ineligibility. However, on August 3, 2021, DHS issued a new designation for Haiti TPS, and in order to secure TPS pursuant to the new Haiti designation, eligible individuals must apply before the close of the registration period on Feb. 3, 2023. Eligible individuals are strongly encouraged to apply at the earliest practicable date, to ensure that their TPS continues beyond the court-ordered extensions and without any gaps in status. See Designation of Haiti for Temporary Protected Status. In addition, eligible individuals who do not register for the new TPS designation during the registration period, may be prohibited from filing a late initial registration during any subsequent extension of the designation if they do not meet certain conditions. 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. |
| September 13, 2021 (PDF) | On January 17, 2017, DHS published a final rule with new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid business growth and job creation that they would provide a significant public benefit to the United States. The 2017 regulation provided that the investment and revenue amount requirements would automatically adjust every three years by the Consumer Price Index for All Urban Consumers (CPI–U). DHS is issuing this rule to inform the public of the increased amounts that will take effect at the start of Fiscal Year 2022 and to revise the regulations to accurately reflect the updated investment amounts. |
| September 17, 2021 (PDF) | The Department of Homeland Security (DHS) is extending for a second time the effective date (for 180 days) of its temporary final rule that modified certain regulatory requirements to help ensure that USCIS may continue with affirmative asylum adjudications during the COVID–19 pandemic. This rule also provides that if a USCIS interpreter is unavailable, USCIS will either reschedule the interview and attribute the interview delay to USCIS for the purposes of the asylum employment authorization regulation, or USCIS may, in its discretion, allow the applicant to provide an interpreter. |
| September 21, 2021 (PDF) | Imposing Sanctions on Certain Persons With Respect to the Humanitarian and Human Rights Crisis in Ethiopia |
| September 22, 2021 (PDF) | U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), is making a correction to the notice titled ‘‘Continuation of Documentation for Beneficiaries of Temporary Protected Status Designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal’’ that published in the Federal Register on September 10, 2021, at 86 FR 50725. USCIS is correcting an omission in the Additional Notes section of the notice to clarify that the previously announced determination to terminate the 2011 designation of TPS for Haiti will not be implemented or enforced unless and until the district court’s orders in Saget, et al., v. Trump, et al., No. 18–cv–1599 (E.D.N.Y. Apr. 11, 2019) (‘‘Saget’’) and Ramos, et al. v. Nielsen, et al., No. 18–cv–01554 (N.D. Cal. Oct. 3, 2018) (‘‘Ramos’’) are reversed and the reversal becomes final. |
| September 28, 2021 (PDF) | On June 15, 2012, the U.S. Department of Homeland Security (DHS) established the Deferred Action for Childhood Arrivals (DACA) policy. The policy—which describes the Secretary of Homeland Security’s (Secretary’s) exercise of her prosecutorial discretion in light of the limited resources that DHS has for removal of undocumented noncitizens—directed U.S. Citizenship and Immigration Services (USCIS) to create a process to defer removal of certain noncitizens who years earlier came to the United States as children, meet other criteria, and do not present other circumstances that would warrant removal. Since that time, more than 825,000 people have applied successfully for deferred action under this policy. On January 20, 2021, President Biden directed DHS, in consultation with the Attorney General, to take all appropriate actions to preserve and fortify DACA, consistent with applicable law. On July 16, 2021, the U.S. District Court for the Southern District of Texas vacated the June 2012 memorandum that created the DACA policy and what the court called the ‘‘DACA program,’’ and it permanently enjoined DHS from ‘‘administering the DACA program and from reimplementing DACA without compliance with’’ the Administrative Procedure Act (APA). However, the district court temporarily stayed its vacatur and injunction with respect to most individuals granted deferred action under DACA on or before July 16, 2021, including with respect to their renewal requests. The district court’s vacatur and injunction were based, in part, on its conclusion that the June 2012 memorandum announced a legislative rule that required notice-andcomment rulemaking. The district court further remanded the ‘‘DACA program’’ to DHS for further consideration. DHS has appealed the district court’s decision. Pursuant to the Secretary’s broad authorities to administer and enforce the immigration laws, consistent with the district court’s direction to consider a number of issues on remand, and after careful consideration of the arguments and conclusions on which the district court’s decision is based, DHS puts forward for consideration the following proposed rule. DHS invites public comments on the proposed rule and possible alternatives. |
| September 30, 2021 (PDF) | Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission to the United States at U.S. ports of entry as nonimmigrant noncitizens for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements. On September 28, 2021, the Secretary of Homeland Security, in consultation with the Secretary of State, designated Croatia as a country that is eligible to participate in the Visa Waiver Program. Accordingly, this rule updates the list of countries designated for participation in the Visa Waiver Program by adding Croatia. |
October 2021
| Date | Title |
|---|---|
| October 7, 2021 (PDF) | This final rule replaces an outdated form name and number with a revised form name and number used for processing exchange visitor visas and updates the agency responsible for maintaining the form. DATES: This final rule is effective November 8, 2021. |
| October 15, 2021 (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 18, 2021 (PDF) | Presidential Determination on Refugee Admissions for Fiscal Year 2022. |
| October 18, 2021 (PDF) | In this final rule, the Department of Homeland Security (DHS) makes the 2021 annual inflation adjustment to its civil monetary penalties. On November 2, 2015, the President signed into law The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (The 2015 Act). Pursuant to the 2015 Act, all agencies must adjust their civil monetary penalties annually and publish the adjustment in the Federal Register. Accordingly, this final rule adjusts the Department’s civil monetary penalties for 2021 pursuant to the 2015 Act and Executive Office of the President (EOP) Office of Management and Budget (OMB) guidance. The new penalties will be effective for penalties assessed after October 18, 2021 whose associated violations occurred after November 2, 2015. |
| October 20, 2021 (PDF) | Pursuant to section 219(a)(4)(C) of the Immigration and Nationality Act, as amended (8 U.S.C. 1189(a)(4)(C)), the Department of State is undertaking a review of the designation of the Liberation Tigers of Tamil Eelam as a Foreign Terrorist Organization. In making its determination, the Department of State will accept written statements or other documentary materials submitted on behalf of interested parties and the above-named organization by its representatives. Such materials must be submitted by November 2, 2021, to: The Coordinator for Counterterrorism, United States Department of State, 2201 C Street NW, Washington, DC 20520. This notice shall be published in the Federal Register. Dated: October 7, 2021. |
| October 21, 2021 (PDF) | On August 5, 2021, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) directing the Secretary to take appropriate measures to defer for 18 months, through February 5, 2023, the removal of certain Hong Kong residents present in the United States. This Notice provides information about Deferred Enforced Departure (DED) for certain eligible Hong Kong residents and provides information on how eligible individuals may apply for DED-related Employment Authorization Documents (EADs) with USCIS. For the purposes of this Notice, a Hong Kong resident is defined as an individual of any nationality, or without nationality, who has met the requirements for, and been granted, a Hong Kong Special Administrative Region Passport, a British National Overseas Passport, a British Overseas Citizen Passport, a Hong Kong Permanent Identity card, or a Hong Kong Special Administrative Region (HKSAR) Document of Identity for Visa Purposes. |
| October 26, 2021 (PDF) | The Department of Homeland Security (DHS) is seeking input from the public regarding document examination practices associated with the Form I–9, Employment Eligibility Verification. DHS solicits this input to better understand employers’ and employees’ experiences with this process and to examine the impacts of remote document examination conducted during the Coronavirus disease (COVID– 19) pandemic. DHS especially seeks to understand the potential costs and benefits of allowing for future remote document examination flexibilities. |
| October 27, 2021 (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. |
November 2021
| Date | Title |
|---|---|
| November 5, 2021 (PDF) | The Department of State (Department) is amending its regulation governing nonimmigrant visas by amending its rules to remove references to the North American Free Trade Agreement (NAFTA) and replace them with references to the United StatesMexico-Canada Agreement (USMCA). DATES: This final rule is effective on December 6, 2021. |
| November 10, 2021 (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. Each such notice shall be effective for one year after its date of publication. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 85 countries whose nationals are eligible to participate in the H–2A program and 86 countries whose nationals are eligible to participate in the H–2B program for the coming year. |
| November 12, 2021 (PDF) | The ACF, ORR, Division of Refugee Services (DRS) announces the intent to award a supplement in the amount of up to $1,500,000 to Upwardly Global in New York, NY. The purpose of this award is to enable the recipient to provide program services to Afghan Special Immigrant Visa holders and humanitarian parolees currently housed on U.S. military installations awaiting resettlement. Upwardly Global will provide on-base services for four months, and then continue to provide remote support to eligible Afghan entrants at resettlement sites throughout the U.S. |
| November 17, 2021 (PDF) | On October 11, 2019, the Department of State (‘‘the Department’’) published an interim final rule (‘‘IFR’’) regarding visa ineligibility on public charge grounds and accepted public comments on the rule through November 12, 2019. Given the many changed circumstances since publication of the IFR, the Department is soliciting additional information from the public by reopening the public comment period for an additional 60 days. |
| November 19, 2021 (PDF) | Termination of Emergency With Respect to the Situation in Burundi. |
| November 19, 2021 (PDF) | Suspension of Entry as Immigrants and Nonimmigrants of Persons Responsible for Policies or Actions That Threaten Democracy in Nicaragua |
December 2021
| Date | Title |
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| December 1, 2021 (PDF) | By virtue of the authority vested in the Secretary of State by the laws of the United States, including 22 U.S.C. 2651a, pursuant to authority delegated by the Secretary of the Department of Homeland Security (DHS) on August 6, 2021 (DHS Delegation Number 00117), and subject to the DHS Secretary’s oversight, direction, and guidance, I hereby delegate to the assistant secretary for Bureau of Population, Refugees, and Migration, to the extent authorized by law, the authority to designate Department employees as immigration officers to facilitate U.S. Citizenship and Immigration Services (USCIS) video teleconference interviews of overseas refugee applicants, pursuant to section 103(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1103(a)(6)) and 8 CFR 2.1. Nothing in this delegation shall be construed as superseding or circumventing any authorities delegated within DHS, or as superseding or circumventing the restriction in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998, title I, Public Law No 105–119 (8 U.S.C. 1103 note) with respect to the acceptance of fingerprints. The authority delegated herein may be exercised by the Secretary, Deputy Secretary, Deputy Secretary for Management and Resources, and the Under Secretary for Civilian Security, Democracy, and Human Rights. This delegation of authority shall be published in the Federal Register. Dated: November 15, 2021. |
| December 1, 2021 (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. This proposed information collection was previously published in the Federal Register on September 28, 2021, allowing for a 60- day comment period. DATES: Comments are encouraged and will be accepted for an additional 30 days until January 3, 2022. |
| December 1, 2021 (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. |
| December 1, 2021 (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 Segunda Marquetalia, also known as New Marquetalia, also known as Second Marquetalia, also known as La Nueva Marquetalia, also known as FARC dissidents Segunda Marquetalia, also known as Revolutionary Armed Forces of Colombia Dissidents Segunda Marquetalia, also known as FARC–D Segunda Marquetalia, also known as Grupo Armado Organizado Residual Segunda Marquetalia, also known as GAO–R Segunda Marquetalia, also known as Residual Organized Armed Group Segunda Marquetalia, also known as Armed Organized Residual Group Segunda Marquetalia. Therefore, I hereby designate the aforementioned organization and its aliases as a Foreign Terrorist Organization pursuant to section 219 of the INA. This determination shall be published in the Federal Register. |
| Based upon a review of the Administrative Records 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 bases for the designations of the aforementioned organizations as Foreign Terrorist Organizations have not changed in such a manner as to warrant revocation of the designations and that the national security of the United States does not warrant a revocation of the designations. Therefore, I hereby determine that the designations of the aforementioned organizations as Foreign Terrorist Organizations, pursuant to Section 219 of the INA (8 U.S.C. 1189), shall be maintained. This determination shall be published in the Federal Register. | |
| December 1, 2021 (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 Revolutionary Armed Forces of Colombia—People’s Army, also known as FARC–EP, also known as Fuerzas Armadas Revolucionarias de Colombia—Ejercito del Pueblo, also known as FARC dissidents FARC–EP, also known as Revolutionary Armed Forces of Colombia dissidents FARC– EP, also known as FARC–D FARC–EP, also known as Grupo Armado Organizado Residual FARC–EP, also known as GAO–R FARC–EP, also known as Residual Organized Armed Group FARC–EP. Therefore, I hereby designate the aforementioned organization and its aliases as a Foreign Terrorist Organization pursuant to section 219 of the INA. This determination shall be published in the Federal Register. Authority: 8 U.S.C. 1189. |
| December 1, 2021 (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 the circumstances that were the basis for the designation of the Revolutionary Armed Forces of Colombia (FARC) (and other aliases) as a Foreign Terrorist Organization have changed in such a manner as to warrant revocation of the designation. Therefore, I hereby determine that the designation of the Revolutionary Armed Forces of Colombia (FARC) (and other aliases) as a Foreign Terrorist Organization, pursuant to section 219 of the Immigration and Nationality Act, as amended (hereinafter ‘‘INA’’) (8 U.S.C. 1189), shall be revoked. This determination shall be published in the Federal Register. |
| December 1, 2021 (PDF) | Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease 2019 |
| December 10, 2021 (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. DATES: Comments are encouraged and will be accepted for an additional 30 days until January 10, 2022. |
| December 13, 2021 (PDF) | On December 4, 2020, the Executive Office for Immigration Review (‘‘EOIR’’) published a notice of proposed rulemaking (‘‘NPRM’’ or ‘‘proposed rule’’), proposing to amend EOIR’s regulations in order to implement electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals (‘‘BIA’’). The NPRM also proposed amendments to the regulations regarding law student filing and accompaniment procedures. This final rule responds to comments received in response to the NPRM and adopts the NPRM with changes as described below. DATES: This rule is effective on February 11, 2022 |
| December 13, 2021 (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 December 13, 2021 with respect to violations occurring after November 2, 2015. DATES: This rule is effective December 13, 2021 |
| December 13, 2021 (PDF) | This temporary final rule (TFR) provides flexibility for consular officers to waive the personal appearance of certain repeat immigrant visa applicants who were approved for an immigrant visa in the same classification and on the same basis as the current application on or after August 4, 2019. It also gives consular officers discretion to allow this subset of immigrant visa applicants to affirm the accuracy of the contents of their application without appearing in person before a consular officer. This TFR is effective immediately and expires after 24 months. The final rule portion of this document reinstates parts of the regulations with certain updates after the expiration of the TFR. DATES: Amendments in instructions 2 and 3 in this temporary final rule are effective from December 13, 2021, through December 13, 2023. The amendment in instruction 4 is effective December 13, 2023. |
| December 17, 2021 (PDF) | Imposing Sanctions on Foreign Persons Involved in the Global Illicit Drug Trade |
| December 22, 2021 (PDF) | This final rule withdraws the ‘‘Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H–1B Petitions,’’ final rule issued on January 8, 2021, because that rule has been vacated by a Federal district court. |
Updated October 5, 2023