U.S. Department
of Justice
Federal Register Notices - 2022
January 2022
| Date | Title |
|---|---|
| January 31, 2022 (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. |
| January 31, 2022 (PDF) | Introduction to the Unified Agenda of Federal Regulatory and Deregulatory Actions-Fall 2021. |
| January 31, 2022 (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. |
| January 28, 2022 (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 February 28, 2022. |
| January 28, 2022 (PDF) | The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2022 authority and increasing the total number of noncitizens who may receive an H–2B nonimmigrant visa by authorizing the issuance of no more than 20,000 additional visas during FY 2022 for positions with start dates on or before March 31, 2022, to those businesses that are suffering irreparable harm or will suffer impending irreparable harm, as attested by the employer on a new attestation form. In addition to making additional visas available under the FY 2022 time limited authority, DHS is exercising its general H–2B regulatory authority to again provide temporary 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. DATES: Effective dates: The amendments to title 8 of the Code of Federal Regulations in this rule are effective from January 28, 2022 through January 28, 2025. The amendments to title 20 of the Code of Federal Regulations in this rule are effective from January 28, 2022 through September 30, 2022, except for 20 CFR 655.69 which is effective from January 28, 2022 through September 30, 2025. |
| January 21, 2022 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) is amending the DHS STEM Designated Degree Program List by adding 22 qualifying fields of study and a corresponding Department of Education Classification of Instructional Programs (CIP) code for each. The list is used to determine whether a degree obtained by certain F–1 nonimmigrant students following the completion of a program of study qualifies as a science, technology, engineering, or mathematics (STEM) degree as determined by DHS, for the F–1 student to be eligible to apply for a 24-month extension of their post-completion optional practical training (OPT). DATES: DHS adopts the list announced in this notice as of January 21, 2022. |
| January 19, 2022 (PDF) | The Department of State (Department) amends its regulation governing immigrant visa fees to allow for the exemption from immigrant visa (IV) fees for certain applicants previously denied an immigrant visa pursuant to certain Presidential Proclamations issued by the previous administration and associated technical corrections. DATES: This final rule is effective on January 19, 2022. |
| January 14, 2022 (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 2022 annual adjustments for inflation to its civil monetary penalties. DATES: This final rule is effective on January 15, 2022. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 15, 2022. |
| January 11, 2022 (PDF) | In this final rule, the Department of Homeland Security (DHS) makes the 2022 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 January 11, 2022 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on January 11, 2022. |
| January 6, 2022 (PDF) | For the period beginning January 1, 2022, and ending on March 31, 2022, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is .06 per centum per annum. DATES: Rates are applicable January 1, 2022 to March 31, 2022. |
| January 4, 2022 (PDF) | In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Master Files of Social Security Number (SSN) Holders and SSN Applications (60–0058), last published on December 29, 2010. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION. |
| January 3, 2022 (PDF) | Revoking Proclamation 10315 |
February 2022
| Date | Title |
|---|---|
| February 24, 2022 (PDF) | The U.S. Department of Homeland Security (DHS) proposes to prescribe how it determines whether a noncitizen is inadmissible to the United States under section 212(a)(4) of the Immigration and Nationality Act (INA) because they are likely at any time to become a public charge. Noncitizens who seek adjustment of status or a visa, or who are applicants for admission, must establish that they are not likely at any time to become a public charge, unless Congress has expressly exempted them from this ground of inadmissibility or has otherwise permitted them to seek a waiver of inadmissibility. Under this proposed rule, a noncitizen would be considered likely at any time to become a public charge if they are likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. In August of 2019, DHS issued a different rule on this topic, which is no longer in effect. This proposed rule, if finalized, would implement a different policy than the August 2019 Final Rule. DATES: Written comments and related material must be submitted on or before April 25, 2022. |
| February 23, 2022 (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. DATES: Comments are encouraged and must be submitted (no later than March 25, 2022) to be assured of consideration. |
| February 23, 2022 (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. DATES: Comments are encouraged and must be submitted (no later than March 25, 2022) to be assured of consideration. |
| February 23, 2022 (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. DATES: Comments are encouraged and must be submitted (no later than March 25, 2022) to be assured of consideration. |
| February 23, 2022 (PDF) | The Employment and Training Administration (ETA) of the Department of Labor (DOL) is issuing this notice to announce the annual updates to allowable monetary charges employers of H–2A workers, in occupations other than herding or production of livestock on the range, may charge these workers when the employer provides three meals per day. This notice also announces the maximum travel subsistence meal reimbursement a worker with receipts may claim under the H–2A and H–2B programs. Finally, this notice includes a reminder regarding employers’ obligations with respect to overnight lodging costs as part of required subsistence. DATES: This notice is effective on February 23, 2022. |
| February 23, 2022 (PDF) | Blocking Property of Certain Persons and Prohibiting Certain Transactions With Respect to Continued Russian Efforts To Undermine the Sovereignty and Territorial Integrity of Ukraine. |
| February 23, 2022 (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. DATES: Comments are encouraged and must be submitted (no later than March 25, 2022) to be assured of consideration. |
| February 14, 2022 (PDF) | As required by the Privacy Act of 1974, and Office of Management and Budget (OMB) Circular No. A–108, this modified Privacy Act System of Records is titled Foreign Labor Certification System and Employer Application Case Files, DOL/ETA–7. The system contains information provided by members of the public (Employers) who file labor certification applications, labor condition applications for permanent or temporary employment of foreign workers; employers who file requests for prevailing wage determinations that may support an application for temporary and permanent labor certification; agents and foreign labor recruiters whom employers may engage in the recruitment of prospective H–2B workers with regard to labor certification applications filed in the H– 2B temporary employment program and all persons or entities hired by or working for such recruiters or agents and any agents or employees of those persons or entities. DATES: Comment Dates: We will consider comments that we receive on or before March 16, 2022. Applicable date: This notice is applicable upon publication, subject to a 30-day review and comment period for the routine uses. |
| February 9, 2022 (PDF) | The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adding regulations to implement a September 17, 2021 Ethiopia-related Executive order. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive guidance and definitions, general licenses, and other regulatory provisions. DATES: This rule is effective February 9, 2022. |
| February 3, 2022 (PDF) | In rule document 2022–01866, appearing on pages 4722 through 4762 in the issue of Friday, January 28, 2022, make the following correction. |
March 2022
| Date | Title |
|---|---|
| March 30, 2022 (PDF) | The Department of Homeland Security (DHS) is amending DHS premium processing regulations to codify statutory changes made by the Continuing Appropriations Act, 2021 and Other Extensions Act (Continuing Appropriations Act). The Continuing Appropriations Act included the Emergency Stopgap USCIS Stabilization Act (USCIS Stabilization Act), which amended the Immigration and Nationality Act (INA) by modifying U.S. Citizenship and Immigration Services’ (USCIS) authority to provide premium processing services and to establish and collect premium processing fees for those services. This rule amends DHS premium processing regulations by updating the regulations to include the fees established by the USCIS Stabilization Act for immigration benefit requests that were designated for premium processing on August 1, 2020, and establishing new fees and processing timeframes consistent with section 4102(b) of the USCIS Stabilization Act. DATES: Effective Date: This rule is effective on May 31, 2022. The availability of premium processing for newly designated immigration benefit requests will be announced by USCIS in accordance with DHS premium processing regulations and will become available as stated at that time. |
| March 29, 2022 (PDF) | On August 20, 2021, 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 proposed amending regulations governing the procedures for determining certain protection claims and available parole procedures for individuals subject to expedited removal and found to have a credible fear of persecution or torture. After a careful review of the comments received, the Departments are now issuing an interim final rule (‘‘rule’’ or ‘‘IFR’’) that responds to comments received in response to the NPRM and adopts the proposed rule with changes. Most significantly, the IFR provides that DHS’s United States Citizenship and Immigration Services (‘‘USCIS’’) will refer noncitizens whose applications are not granted to DOJ’s Executive Office for Immigration Review (‘‘EOIR’’) for streamlined removal proceedings. The IFR also establishes timelines for the consideration of applications for asylum and related protection by USCIS and, as needed, EOIR. This IFR responds to comments received in response to the NPRM and adopts the NPRM with changes as described in this rule. The Departments solicit further public comment on the IFR’s revisions, which will be considered and addressed in a future rule. DATES: Effective Date: This interim final rule is effective May 31, 2022. Submission of public comments: Comments must be submitted on or before May 31, 2022. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day |
| March 28, 2022 (PDF) | The Executive Office for Immigration Review (‘‘EOIR’’) invites interested parties to attend the first of a series of public forums about its Access EOIR initiative. During the session, agency senior leadership will be available to listen to comments, compliments, and concerns from stakeholders regarding two of EOIR’s web-based initiatives: EOIR Courts & Appeals System (‘‘ECAS’’), and Immigration Court Online Resource (‘‘ICOR’’). DATES: The public forum will be held on Wednesday, March 30, 2022, from 2:00– 3:00 p.m. EDT (ECAS session) and from 3:00–4:00 p.m. EDT (ICOR session). |
| March 21, 2022 (PDF) | This Notice rescinds the July 23, 2019 Notice, Designating Aliens for Expedited Removal, which expanded to the maximum extent permitted by the Immigration and Nationality Act (INA) the application of expedited removal procedures to noncitizens not already covered by previous designations. The INA expressly authorizes the application of expedited removal procedures to noncitizens ‘‘arriving in the United States,’’ while also authorizing the Secretary of Homeland Security to extend (by designation) such procedures to certain other categories of noncitizens present in the United States. The INA permits the Secretary, in her or his sole and unreviewable discretion, to modify any such designations at any time. By rescinding only the designation of the class of noncitizens covered by the July 23, 2019 Notice, this Notice leaves in effect the prior discretionary designations that have, for over two decades, extended expedited removal to additional categories of noncitizens. DATES: The rescission of the Notice published at 84 FR 35409 on July 23, 2019, is effective on March 21, 2022. |
| March 18, 2022 (PDF) | To increase efficiency, reduce operating costs, and streamline the admissions process, U.S. Customs and Border Protection (CBP) is now issuing electronic Form I–94s (Arrival/ Departure Record) at land ports of entry. The Form I–94 documents nonimmigrants’ status in the United States, the approved length of stay, and departure information. CBP has automated the Form I–94 process for the majority of nonimmigrants arriving by air and sea. However, CBP previously issued paper Form I–94s to nonimmigrants arriving by land. For land arrivals, CBP is no longer issuing paper forms to nonimmigrants upon arrival except in limited circumstances and upon nonimmigrant request if feasible. Nonimmigrants can access Form I–94s online or via mobile application. |
| March 16. 2022 (PDF) | The Department of Homeland Security (DHS) is extending, for a third time, the effective date (for 365 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. DATES: This temporary final rule is effective from March 16, 2022 through March 16, 2023. As of March 16, 2022, the expiration date of the temporary final rule published at 85 FR 59655 (Sept. 23, 2020), which was extended at 86 FR 15072 (Mar. 22, 2021), and at 86 FR 51781 (Sept. 17, 2021), is further extended from March 16, 2022 through March 16, 2023. If conditions improve and the health concerns posed by COVID–19 are resolved before this temporary final rule expires, DHS will consider publishing a final rule terminating this temporary final rule prior to the expiration of this 365-day extension. |
| March 8, 2022 (PDF) | The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for juveniles seeking classification as a Special Immigrant Juvenile (SIJ) and related adjustment of status to lawful permanent resident (LPR). This rule codifies statutorily mandated changes and clarifies the following: the definitions of key terms, such as ‘‘juvenile court’’ and ‘‘judicial determination’’; what constitutes a qualifying juvenile court order for SIJ purposes; what constitutes a qualifying parental reunification determination; DHS’s consent function; and applicable bars to adjustment, inadmissibility grounds, and waivers for SIJ-based adjustment to LPR status. This rule also removes bases for automatic revocation that are inconsistent with the statutory requirements of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008) and makes other technical and procedural changes. DHS is issuing this rule to update the regulations as required by law, further align SIJ classification with the statutory purpose of providing humanitarian protection to eligible child survivors of parental abuse, abandonment, or neglect, and clarify the SIJ regulations. DATES: This final rule is effective April 7, 2022. |
| March 3, 2022 (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 the Republic of South Sudan (South Sudan), regardless of country of birth (or individuals having no nationality who last habitually resided in South Sudan), and who are experiencing severe economic hardship as a direct result of the humanitarian crisis in South Sudan. The Secretary is taking action to provide relief to these South Sudanese students 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 their F–1 nonimmigrant student status. The Department of Homeland Security (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. DATES: This F–1 notice is effective March 3, 2022, through November 3, 2023. |
| March 3, 2022 (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 May 3, 2022, through November 3, 2023, and redesignating South Sudan for 18 months, effective May 3, 2022, through November 3, 2023. The extension allows currently eligible TPS beneficiaries to retain TPS through November 3, 2023, so long as they otherwise continue to meet the eligibility requirements for TPS. The re-designation of South Sudan allows additional individuals who have been continuously residing in the United States since March 1, 2022, to obtain TPS, if otherwise eligible. DATES: Extension of Designation of South Sudan for TPS: The 18-month extension of the TPS designation of South Sudan is effective May 3, 2022, and will remain in effect through November 3, 2023. The 60-day reregistration period for existing beneficiaries runs from March 3, 2022, through May 2, 2022. (Note: It is important for re-registrants to timely reregister during this 60-day period and not to wait until their Employment Authorization Documents (EADs) expire, which could result in their having gaps in their employment authorization documentation.) Re-designation of South Sudan for TPS: The 18-month re-designation of South Sudan for TPS is effective May 3, 2022, and will remain in effect through November 3, 2023. The initial registration period for new applicants under the South Sudan TPS re-designation begins on March 3, 2022, and will remain in effect through November 3, 2023. |
| March 1, 2022 (PDF) | The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is adding regulations to implement an April 15, 2021 Russia related Executive order. OFAC intends to supplement these regulations with a more comprehensive set of regulations, which may include additional interpretive guidance and definitions, general licenses, and other regulatory provisions. DATES: This rule is effective March 1, 2022. |
April 2022
| Date | Title |
|---|---|
| April 27, 2022 (PDF) | This notice announces the implementation of a U.S. Department of Homeland Security (DHS) parole process called Uniting for Ukraine. Pursuant to this process, DHS will offer certain Ukrainian citizens and their immediate family members who were recently displaced by Russia’s war of aggression in Ukraine, pass biometric and biographic vetting, have sufficient financial support in the United States, and meet other eligibility requirements, an opportunity to apply for and receive advance authorization to travel to the United States for the purpose of seeking a discretionary grant of parole for urgent humanitarian reasons or significant public benefit for up to two years. The process is intended to be a safe, legal, and orderly pathway to support vulnerable Ukrainian citizens and their immediate family members in Europe who have been displaced from their country as a result of Russia’s unprovoked invasion. DATES: DHS will make the Uniting for Ukraine parole process available on April 25, 2022. |
| April 19, 2022 (PDF) | Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Ukraine for Temporary Protected Status (TPS) for 18 months, effective April 19, 2022, or later date if Secretary so determines], through October 19, 2023. This designation allows eligible Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have continuously resided in the United States since April 11, 2022, and who have been continuously physically present in the United States since April 19, 2022 to apply for TPS. DATES: Designation of Ukraine for TPS: The 18-month designation of Ukraine for TPS is effective on April 19, 2022 and will remain in effect for 18 months, through October 19, 2023. Registration: The registration period for eligible individuals to submit TPS applications begins April 19, 2022 and will remain in effect through October 19, 2023. |
| April 19, 2022 (PDF) | Through this Notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated Sudan for Temporary Protected Status (TPS) for eighteen months, from April 19, 2022, through October 19, 2023. This designation allows eligible Sudanese nationals (and individuals having no nationality who last habitually resided in Sudan) who have continuously resided in the United States since March 1, 2022, and who have been continuously physically present in the United States since April 19, 2022 to apply for TPS. DATES: Designation of Sudan for TPS: The eighteen-month designation of Sudan for TPS is effective on April 19, 2022 and will remain in effect for eighteen months, through October 19, 2023. The registration period for eligible individuals to submit TPS applications begins April 19, 2022 and will remain in effect through October 19, 2023. |
| April 19, 2022 (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 Ukraine, regardless of country of birth (or individuals having no nationality who last habitually resided in Ukraine), and who are experiencing severe economic hardship as a direct result of the ongoing armed conflict in Ukraine. The Secretary is taking action to provide relief to these Ukrainian students who are lawful F–1 nonimmigrant students, so the students may request employment authorization, work an increased number of hours while the school is in session and reduce their course load while continuing to maintain their F–1 nonimmigrant student status. The Department of Homeland Security (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. DATES: This F–1 notice is effective April 19, 2022, through October 19, 2023. |
| April 19, 2022 (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 the Republic of Sudan (Sudan), regardless of country of birth (or individuals having no nationality who last habitually resided in Sudan), and who are experiencing severe economic hardship as a direct result of the current crisis in Sudan. The Secretary is taking action to provide relief to Sudanese students who are lawful F–1 nonimmigrant students so they may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F–1 nonimmigrant student status. The Department of Homeland Security (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. DATES: This F–1 notice is effective April 19, 2022 through October 19, 2023 |
| April 15, 2022 (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. DATES: Comments are encouraged and must be submitted no later than May 16, 2022 to be assured of consideration. |
| April 12, 2022 (PDF) | The Immigration and Nationality Act (INA) requires the Department of Homeland Security (DHS) to debar from entering U.S. ports any or all vessels owned or chartered by an entity found to be in violation of certain laws and regulations relating to the performance of longshore work by nonimmigrant crew members. This document proposes to amend DHS regulations to set forth the procedures regarding the debarment of such vessels from entering U.S. ports. DATES: Comments must be received on or before June 13, 2022. |
| April 6, 2022 (PDF) | For the period beginning April 1, 2022, and ending on June 30, 2022, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is .33 per centum per annum. DATES: Rates are applicable April 1, 2022 to June 30, 2022. |
| April 1, 2022 (PDF) | This rule amends Department of Homeland Security (DHS) regulations to implement the Electronic System for Travel Authorization (ESTA) requirements under section 711 of the Implementing Recommendations of the 9/11 Commission Act of 2007, for noncitizens who intend to enter the United States under the Visa Waiver Program (VWP) at land ports of entry. Currently, noncitizens from VWP countries must provide certain biographic information to U.S. Customs and Border Protection (CBP) officers at land ports of entry on a paper I–94W Nonimmigrant Visa Waiver Arrival/ Departure Record (Form I–94W). Under this rule, these VWP travelers will instead provide this information to CBP electronically through ESTA prior to application for admission to the United States. DHS has already implemented the ESTA requirements for noncitizens who intend to enter the United States under the VWP at air or sea ports of entry. DATES: This rule is effective May 2, 2022. Comments must be received on or before May 2, 2022. |
May 2022
| Date | Title |
|---|---|
|
May 23, 2022 (PDF) |
On May 18, 2022, the Department of Homeland Security and Department of Labor jointly published a temporary final rule titled ‘‘Exercise of Time-Limited Authority to Increase the Numerical Limitation for Second Half of FY 2022 for the H–2B Temporary Nonagricultural Worker Program and Portability Flexibility for H–2B Workers Seeking To Change Employers.’’ The fourth amendatory instruction to the DHS regulatory text contained a typo. This document corrects that typo. DATES: Effective on May 18, 2022. |
| May 20, 2022 (PDF) | This document amends Department of Homeland Security (DHS) regulations pertaining to the Electronic System for Travel Authorization (ESTA). ESTA is the online system through which nonimmigrant visitors intending to enter the United States under the Visa Waiver Program (VWP) at air or sea ports of entry must obtain an electronic travel authorization in advance of travel to the United States. Pursuant to updates in Congressional mandates, the ESTA travel promotion fee (also referred to as the ‘‘authorization charge’’) was increased from $10 to $17 and extended to 2027. As a result of the increase in the travel promotion fee, the fee for an approved ESTA (which includes the travel promotion fee and a $4 operational fee) is $21. CBP will begin collecting the new fee following the effective date of this rule. DATES: The final rule is effective May 20, 2022. |
| May 20, 2022 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Afghanistan for Temporary Protected Status (TPS) for 18 months, effective May 20, 2022, through November 20, 2023. This designation allows eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have continuously resided in the United States since March 15, 2022, and who have been continuously physically present in the United States since May 20, 2022 to apply for TPS. DATES: Designation of Afghanistan for TPS: The 18-month designation of Afghanistan for TPS is effective on May 20, 2022 and will remain in effect for 18 months, through November 20, 2023. Registration: The registration period for eligible individuals to submit TPS applications begins May 20, 2022 and will remain |
| May 18, 2022 (PDF) | In accordance with the provisions of the Privacy Act, as amended, this notice announces a new matching program with the Department of Homeland Security (DHS). The purpose of which is to set forth the terms, conditions, and safeguards under which DHS will disclose information to SSA in order to identify noncitizens who leave the United States voluntarily and noncitizens who are removed from the United States. DATES: The deadline to submit comments on the proposed matching program is June 17, 2022. The matching program will be applicable on July 19, 2022, or once a minimum of 30 days after publication of this notice have elapsed, whichever is later. The matching program will be in effect for a period of 18 months. |
| May 18, 2022 (PDF) | The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2022 authority and again increasing the total number of noncitizens who may receive an H–2B nonimmigrant visa by authorizing the issuance of no more than 35,000 additional visas during the second half of FY 2022 for positions with start dates on or after April 1, 2022 through September 30, 2022, to those businesses that are suffering irreparable harm or will suffer impending irreparable harm, as attested by the employer on a new attestation form. This number is in addition to the 20,000 H–2B visas authorized by the Secretary in consultation with the Secretary of Labor in January of 2022 for petitions with start dates on or before March 31, 2022. In addition to making the additional 35,000 visas available under the FY 2022 time-limited authority, DHS is exercising its general H–2B regulatory authority to again provide temporary 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. DATES: Effective dates: The amendments to title 8 of the Code of Federal Regulations in this rule are effective from May 18, 2022 through May 18, 2025. The amendments to title 20 of the Code of Federal Regulations in this rule are effective from May 18, 2022 through September 30, 2022, except for 20 CFR 655.66 which is effective from May 18, 2022 through September 30, 2025. Petition dates: DHS will stop accepting petitions received after September 15, 2022. DHS will not approve any H–2B petition under the provisions related to the supplemental numerical allocation after September 30, 2022. The provisions related to portability are only available to petitioners and H–2B nonimmigrant workers initiating employment through the end of January 24, 2023. Comment dates: The Office of Foreign Labor Certification within the U.S. Department of Labor will be accepting comments in connection with the new information collection Form ETA– 9142B–CAA–6 associated with this rule until July 18, 2022. |
| May 12, 2022 (PDF) | The Executive Office for Immigration Review (‘‘EOIR’’) invites interested parties to attend a public forum to discuss and provide feedback on EOIR’s Immigration Court Practice Manual and the Board of Immigration Appeals Practice Manual. EOIR also invites interested parties to provide written feedback from the public on the practice manuals. DATES: The public forum will be held via GoToWebinar on May 24, 2022, from 2:00–3:00 p.m. EDT. |
| May 10, 2022 (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 ‘‘Extension and Re-designation of South Sudan for Temporary Protected Status’’ that published in the Federal Register on March 3, 2022, at 87 FR 12190. USCIS is correcting a typographical error in the ‘‘General EmploymentRelated Information for TPS Applicants and Their Employers’’ section of the notice to correct the date from September 17, 2021 to May 2, 2022 as the eligibility date that should be showing on South Sudan TPS-based Employment Authorization Documents (EADs) in order to receive an automatic 180-day EAD extension through November 1, 2022. |
| May 9, 2022 (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 May 9, 2022 with respect to violations occurring after November 2, 2015. DATES: This rule is effective May 9, 2022. |
| May 4, 2022 (PDF) | This rule temporarily amends existing Department of Homeland Security (DHS) regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (Forms I–766 or EADs) for certain renewal applicants who have filed Form I–765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. This increase will be available to eligible renewal applicants with pending Forms I–765 as of May 4, 2022, including those applicants whose employment authorization may have lapsed following the initial 180-day extension period, and any eligible applicant who files a renewal Form I– 765 during the 540-day period beginning on or after May 4, 2022, and ending October 26, 2023. In light of current processing times for Forms I– 765, DHS is taking these steps to help prevent renewal applicants from experiencing a lapse in employment authorization and/or documentation while their applications remain pending and solutions are implemented to return processing times to normal levels. DATES: Effective date: This temporary final rule is effective May 4, 2022, through October 15, 2025. |
June 2022
| Date | Title |
|---|---|
| June 29, 2022 (PDF) | CFR Correction. This rule is being published by the Office of the Federal Register to correct an editorial or technical error that appeared in the most recent annual revision of the Code of Federal Regulations. In Title 28 of the Code of Federal Regulations, parts 43 to end, revised as of July 1, 2021, in § 68.30, in paragraph (e), remove and replace the two commas following the first sentence with a new second sentence to read as follows: § 68.30 Disqualification. * * * * * (e) * * * In the event of disqualification or recusal of the Chief Administrative Hearing Officer as provided in this section, the review shall be referred to the Director for further proceedings. |
| June 29, 2022 (PDF) | Extending and Expanding Eligibility for Deferred Enforced Departure for Liberians |
| June 24, 2022 (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 Kickapoo Traditional Tribe of Texas to U.S. 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 Kickapoo Traditional Tribe of Texas members entering the United States from contiguous territory or adjacent islands at land and sea ports of entry. DATES: This designation will become effective on June 24, 2022. |
| June 23, 2022 (PDF) | Following consultations with the Attorney General, the Secretary of State and the Secretary of Homeland Security have determined that the grounds of inadmissibility at section 212(a)(3)(B) of the Immigration and Nationality Act (INA), 8 U.S.C. 1182(a)(3)(B), bar certain individuals who do not pose a national security or public safety risk from admission to the United States and from obtaining immigration benefits or other status. Accordingly, consistent with prior exercises of the exemption authority, the Secretary of State and the Secretary of Homeland Security hereby conclude, as a matter of discretion in accordance with the authority granted by section 212(d)(3)(B)(i) of the INA, 8 U.S.C. 1182(d)(3)(B)(i), as amended, after considering the foreign policy and national security interests deemed relevant in these consultations, that section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), excluding sub-clause (i)(II), shall not apply with respect to an individual who was employed as a civil servant in Afghanistan at any time from September 27, 1996 to December 22, 2001, or from August 15, 2021, or thereafter, if the individual establishes that they did not voluntarily and knowingly engage in terrorist activity on behalf of the Taliban or another designated terrorist organization, and provided that the individual satisfies the relevant agency authority that the individual: (a) Is seeking a benefit or protection under the INA and has been determined to be otherwise eligible for the benefit or protection; (b) Has undergone and passed all relevant background and security checks; (c) Has fully disclosed, to the best of their knowledge, in all relevant applications and interviews with U.S. government representatives and agents, the nature and circumstances of any activities or associations falling within the scope of section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B); (d) Has not participated in, or provided material support for the commission of, a terrorist activity that they knew or reasonably should have known targeted noncombatant persons or U.S. interests; (e) Is not otherwise inadmissible under section 212(a)(3)(B) of the INA, 8 U.S.C. 1182(a)(3)(B), for which no exemption applies; (f) Poses no danger to the safety and security of the United States; and (g) Warrants an exemption from the relevant inadmissibility provision(s) in the totality of the circumstances. Implementation of this determination will be made by U.S. Citizenship and Immigration Services (USCIS), in consultation with U.S. Immigration and Customs Enforcement (ICE), or by U.S. consular officers, as applicable, who shall ascertain, to their satisfaction, and in their discretion, that the particular applicant meets each of the criteria set forth above. This exercise of authority supersedes a similar exercise of authority by then Secretary of Homeland Security Jeh Johnson and then Secretary of State John Kerry signed on January 18, 2017, expanding the covered time period of employment as a civil servant in Afghanistan to include the period from ‘‘August 15, 2021, or thereafter,’’ in addition to the period from September 27, 1996 to December 22, 2001. This exercise of authority may be revoked as a matter of discretion and without notice at any time with respect to any and all persons subject to it. Any determination made under this exercise of authority as set out above can inform but shall not control a decision regarding any subsequent benefit or protection application, unless such exercise of authority has been revoked. This exercise of authority shall not be construed to prejudice, in any way, the ability of the U.S. government to commence subsequent criminal or civil proceedings in accordance with U.S. law involving any beneficiary of this exercise of authority (or any other person). This exercise of authority creates no substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person. In accordance with section 212(d)(3)(B)(ii) of the INA, 8 U.S.C. 1182(d)(3)(B)(ii), a report on the individuals to whom this exercise of authority is applied, on the basis of case-by-case decisions by the U.S. Department of State or by the U.S. Department of Homeland Security, shall be provided to the specified congressional committees not later than 90 days after the end of the fiscal year. This determination is based on an assessment related to the national security and foreign policy interests of the United States as they apply to the particular persons described herein and shall not have any application with respect to other persons or to other provisions of U.S. law. Authority: 8 U.S.C. 1182(d)(3)(B)(i). Dated: June 8, 2022. |
| June 7, 2022 (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 Cameroon, regardless of country of birth (or individuals having no nationality who last habitually resided in Cameroon), and who are experiencing severe economic hardship as a direct result of the crises in Cameroon. The Secretary is taking action to provide relief to these Cameroonian nonimmigrant students 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 their F–1 nonimmigrant student status. The U.S. Department of Homeland Security (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. DATES: This F–1 visa action is in effect from June 7, 2022, through December 7, 2023. |
| June 7, 2022 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Cameroon for Temporary Protected Status (TPS) for 18 months, effective June 7, 2022, through December 7, 2023. This designation allows Cameroonian nationals (and individuals having no nationality who last habitually resided in Cameroon) who have continuously resided in the United States since April 14, 2022, and who have been continuously physically present in the United States since June 7, 2022, to apply for TPS. DATES: Designation of Cameroon for TPS: The 18-month designation of Cameroon for TPS is effective on June 7, 2022, and will remain in effect for 18 months, through December 7, 2023. Registration: The registration period for individuals to submit TPS applications begins June 7, 2022, and will remain in effect through December 7, 2023. |
July 2022
| Date | Title |
|---|---|
| July 21, 2022 (PDF) | Bolstering Efforts To Bring Hostages and Wrongfully Detained United States Nationals Home |
| July 19, 2022 (PDF) | Based on a review of the Administrative Record assembled pursuant to Section 219(a)(4)(C) of the Immigration and Nationality Act, 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 designation 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. Dated: July 6, 2022. |
| July 11, 2022 (PDF) | This final rule amends the Department of Homeland Security (DHS) regulations relating to the temporary entry of Canadian and Mexican citizen business persons into the United States by replacing references to the North American Free Trade Agreement (NAFTA) with references to the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA). The USMCA superseded NAFTA and its related provisions on July 1, 2020. Chapter 16 of the USMCA generally maintains the same treatment as provided under NAFTA with respect to the temporary entry of Canadian and Mexican citizen business persons, so substantive changes to the regulations are not needed. This document simply updates the relevant regulations to replace all references to NAFTA, including references to its appendices and annexes, with the corresponding USMCA references. This document also makes other minor, non-substantive conforming amendments and stylistic changes and corrects typographical errors. DATES: This final rule is effective on July 11, 2022. |
| July 8, 2022 (PDF) | For the period beginning July 1, 2022, and ending on September 30, 2022, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 1.14. per centum per annum. DATES: Rates are applicable July 1, 2022, to September 30, 2022. |
August 2022
| Date | Title |
|---|---|
| August 31, 2022 (PDF) | This rule is promulgated to add categories of nonimmigrants who may be issued nonimmigrant visas in the United States. This amendment will add a limited category of nonimmigrants who are born in the United States, but not subject to the jurisdiction thereof, to noncitizens maintaining A–1, A–2, C–2, C–3, G–1, G–3, G–4, or NATO nonimmigrant status and properly classifiable as such. The goal of these revisions is to codify the longstanding policy allowing such children to be issued diplomatic visas domestically to document their entitlement to A, C, G, or NATO nonimmigrant status. DATES: This rule is effective August 31, 2022. |
| August 30, 2022 (PDF) | On September 28, 2021, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM or proposed rule) that proposed to establish regulations to preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy 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. After a careful review of the public comments received, DHS is now issuing a final rule that implements the proposed rule, with some amendments. DATES: This rule is effective October 31, 2022. |
| August 25, 2022 (PDF) | The Executive Office for Immigration Review, 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. DATES: Comments are encouraged and will be accepted for 60 days until October 24, 2022. |
| August 25, 2022 (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. DATES: Comments are encouraged and will be accepted for 60 days until October 24, 2022. |
| August 19, 2022 (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 ‘‘Extension and Re-designation of Syria for Temporary Protected Status’’ that published in the Federal Register on August 1, 2022, at 87 FR 46982. USCIS is correcting an omission in the ‘‘Why is the Secretary extending the TPS designation for Syria and simultaneously redesignating Syria for TPS through March 31, 2024?’’ section of the notice to add March 31 as the complete date through which Syria should be simultaneously extended and redesignated for TPS. |
| August 18, 2022 (PDF) | DHS is proposing to allow for alternative procedures for documents required by the Form I–9, Employment Eligibility Verification. This proposed rule would create a framework under which the Secretary of Homeland Security (the Secretary) could authorize alternative options for document examination procedures with respect to some or all employers. Such procedures could be implemented as part of a pilot program, or upon the Secretary’s determination that such procedures offer an equivalent level of security, or as a temporary measure to address a public health emergency declared by the Secretary of Health and Human Services pursuant to Section 319 of the Public Health Service Act, or a national emergency declared by the President pursuant to Sections 201 and 301 of the National Emergencies Act. This proposed rule would allow employers (or agents acting on an employer’s behalf) optional alternatives for examining the documentation presented by individuals seeking to establish identity and employment authorization for purposes of completing the Form I–9, Employment Eligibility Verification. DATES: Electronic comments must be submitted on or before October 17, 2022. |
| August 1, 2022 (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 Syria, regardless of country of birth (or individuals having no nationality who last habitually resided in Syria), and who are experiencing severe economic hardship as a direct result of the civil war in Syria. The Secretary is taking action to provide relief to these Syrian students 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 their F–1 nonimmigrant student status. The U.S. Department of Homeland Security (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. DATES: This F–1 visa action is effective from October 1, 2022, until April 1, 2024. |
| August 1, 2022 (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, effective October 1, 2022, through March 31, 2024. This extension allows existing TPS beneficiaries to retain TPS through March 31, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 31, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Syria for TPS. The re-designation of Syria allows additional Syrian nationals (and individuals having no nationality who last habitually resided in Syria) who have been continuously residing in the United States since July 28, 2022 to apply for TPS for the first time during the initial registration period described under the re-designation information in this notice. In addition to demonstrating continuous residence in the United States since July 28, 2022 and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since October 1, 2022, the effective date of this re-designation of Syria for TPS. DATES: Extension of Designation of Syria for TPS: The 18-month extension of Syria’s designation for TPS is effective on October 1, 2022, and will remain in effect for 18 months, through March 31, 2024. The extension impacts existing beneficiaries of TPS. Re-registration: The 60-day reregistration period for existing beneficiaries runs from August 1, 2022through September 30, 2022. (Note: It is important for re-registrants to timely re-register during the registration period and not to wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.) Re-designation of Syria for TPS: The 18-month re-designation of Syria for TPS is effective on October 1, 2022, and will remain in effect for 18 months, through March 31, 2024. The re-designation impacts potential first-time applicants and others who do not currently have TPS. First-time Registration: The initial registration period for new applicants under the Syria TPS re-designation begins on August 1, 2022 and will remain in effect through March 31, 2024. |
September 2022
| Date | Title |
|---|---|
| September 27, 2022 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Burma for Temporary Protected Status (TPS) for 18 months, effective from November 26, 2022, through May 25, 2024. This extension allows existing TPS beneficiaries to retain TPS through May 25, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 25, 2024, must reregister during the 60-day re-registration period described in this notice. The Secretary is also redesignating Burma for TPS. The re-designation of Burma allows additional Burmese nationals (and individuals having no nationality who last habitually resided in Burma) who have been continuously residing in the United States since September 25, 2022 to apply for TPS for the first time during the initial registration period described under the re-designation information in this notice. In addition to demonstrating continuous residence in the United States since September 25, 2022 and meeting other eligibility criteria, initial applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since November 26, 2022, the effective date of this re-designation of Burma for TPS. DATES: Extension of Designation of Burma for TPS: The 18-month extension of Burma’s designation for TPS is effective on November 26, 2022, and will remain in effect for 18 months, through May 25, 2024. The extension impacts existing beneficiaries of TPS. Re-registration: The 60-day reregistration period for existing beneficiaries runs from September 27, 2022 through November 26, 2022. (Note: It is important for re-registrants to timely re-register during the registration period and not to wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.) Re-designation of Burma for TPS: The 18-month re-designation of Burma for TPS is effective on November 26, 2022, and will remain in effect for 18 months, through May 25, 2024. The re-designation impacts potential first time applicants and others who do not currently have TPS. First-time Registration: The initial registration period for new applicants under the Burma TPS re-designation begins on September 27, 2022 and will remain in effect through May 25, 2024. |
| September 27, 2022 (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 Burma, regardless of country of birth (or individuals having no nationality who last habitually resided in Burma), 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 these Burmese students 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 their F–1 nonimmigrant student status. The U.S. Department of Homeland Security (DHS) will deem an F–1 nonimmigrant student granted 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. DATES: This notice is effective November 26, 2022, through May 25, 2024. |
| September 22, 2022 (PDF) | This final rule removes changes to regulatory text resulting from two final rules issued in June 2020, which were vacated by a Federal district court in February 2022. This final rule implements the vacatur by removing certain regulatory text governing asylum applications, interviews, and eligibility for employment authorization and an employment authorization document (EAD) based on a pending asylum application. It also reinserts various regulatory provisions as they appeared prior to the effective dates of the two final rules issued in June 2020. DATES: This rule is effective on February 7, 2022, as a result of the Federal district court’s vacatur. |
| September 14, 2022 (PDF) | On March 27, 2019, the Department of Justice (the Department) published in the Federal Register an Advanced Notice of Proposed Rulemaking (ANPRM) to solicit public comments regarding whether the Department should allow practitioners who appear before the Executive Office for Immigration Review (EOIR) to engage in limited representation or representation of a noncitizen during only a portion of the case, beyond what the regulations permitted. On September 30, 2020, after reviewing the comments to the ANPRM, the Department published in the Federal Register a Notice of Proposed Rulemaking (NPRM). The NPRM proposed to amend the regulations to allow practitioners the option of entering a limited appearance to assist pro se individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before EOIR, as opposed to requiring the practitioner to enter an appearance to become the ‘‘practitioner of record’’ and thereby to accept certain obligations and responsibilities. This final rule responds to comments received in response to the NPRM and adopts the proposed rule with changes as described below. Specifically, this final rule permits practitioners to provide document assistance to pro se individuals by entering a limited appearance through new Forms EOIR– 60 or EOIR–61, without requiring the practitioner to become the practitioner of record or to submit a motion to withdraw or substitute after completing the document assistance. DATES: This rule is effective November 14, 2022 |
| September 9, 2022 (PDF) | The U.S. Department of Homeland Security (DHS) is amending its regulations to prescribe how it determines whether noncitizens are inadmissible to the United States because they are likely at any time to become a public charge. Noncitizens who are applicants for visas, admission, and adjustment of status must establish that they are not likely at any time to become a public charge unless Congress has expressly exempted them from this ground of inadmissibility or has otherwise permitted them to seek a waiver of inadmissibility. Under this rule, DHS would determine that a noncitizen is likely at any time to become a public charge if the noncitizen is likely at any time to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or long-term institutionalization at government expense. On August 14, 2019, DHS issued a different rule on this topic, Inadmissibility on Public Charge Grounds Final Rule (2019 Final Rule), which is no longer in effect. This rule implements a different policy than the 2019 Final Rule. DATES: This final rule is effective December 23, 2022. This final rule will apply to applications postmarked on or after the effective date. |
| September 8, 2022 (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 Venezuela, regardless of country of birth (or individuals having no nationality who last habitually resided in Venezuela), and who are experiencing severe economic hardship as a direct result of the humanitarian crisis in Venezuela. The Secretary is taking action to provide relief to those Venezuelan students who were in lawful F–1 nonimmigrant student status on April 22, 2021, and are currently maintaining F–1 nonimmigrant student status, 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 their F–1 nonimmigrant student status. The U.S. Department of Homeland Security (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. DATES: This F–1 visa action is effective from September 10, 2022, through March 10, 2024. |
| September 8, 2022 (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(a)(4), the Immigration and Nationality Act (‘‘INA’’), and section 602(b)(1) of the Afghan Allies Protection Act of 2009, as amended (Pub.L. 111–8) (‘‘AAPA’’), I hereby delegate the following authorities: 1. To the Chief of Mission Afghanistan (‘‘COM’’), and that individual’s designee pursuant to section 602(b)(2)(D)(i) of the AAPA (‘‘COM Designee’’), the authority to approve any signed Form DS–157 filed pursuant to the AAPA as a petition for classification as a special immigrant under INA section 203(b)(4) (8 U.S.C. 1153(b)(4)), after determining applicable requirements are met. 2. To the COM, and the COM Designee, the authority to conditionally approve as a petition for classification as a special immigrant under INA section 203(b)(4) any unsigned Form DS–157 filed pursuant to the AAPA, after determining applicable requirements are met. 3. To consular officers, the authority to approve as a petition for classification as a special immigrant under INA section 203(b)(4) any DS–157 conditionally approved by the Secretary, the COM, or the COM Designee, that was submitted to the COM or the COM designee and is electronically signed before the consular officer. The authority delegated herein may be exercised by the Secretary, Deputy Secretary, the Deputy Secretary for Management and Resources, and the Under Secretary for Management. This delegation of authority shall be published in the Federal Register. Dated: May 31, 2022 |
| September 8, 2022 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Venezuela for Temporary Protected Status (TPS) for 18 months, effective September 10, 2022 through March 10, 2024. This extension allows currently eligible TPS beneficiaries to retain TPS through March 10, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 10, 2024 must re-register during the reregistration period. This notice sets forth procedures necessary for Venezuelan nationals (and individuals having no nationality who last habitually resided in Venezuela) 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 March 10, 2024 expiration date to eligible beneficiaries under Venezuela’s TPS designation who timely re-register and apply for EADs under this extension. DATES: Extension of Designation of Venezuela for TPS: The 18-month extension of the TPS designation of Venezuela for TPS is effective on September 10, 2022, and will remain in effect for 18 months, through March 10, 2024. The 60-day re-registration period for existing TPS beneficiaries runs from September 8, 2022 through November 7, 2022. (Note: It is important for re-registrants to timely re-register during the 60-day registration period and not to wait until their EADs expire, as delaying reregistration could result in gaps in their employment authorization documentation.) |
| September 6, 2022 (PDF) | On June 27, 2022, President Joseph Biden issued a memorandum to the Secretary of State and the Secretary of Homeland Security (Secretary) determining that it was in the foreign policy interest of the United States to defer, through June 30, 2024, the removal of certain Liberian nationals, and individuals having no nationality who last habitually resided in Liberia, who are present in the United States and to provide them with employment authorization documentation. The memorandum directed the Secretary to make provision for immediate allowance of employment authorization for such individuals. This Notice provides information about Deferred Enforced Departure (DED) for certain eligible Liberian nationals, and individuals having no nationality who last habitually resided in Liberia, and provides information on how eligible individuals may apply for DED-based Employment Authorization Documents (EADs) with USCIS. Through this notice, DHS is providing employment authorization, including procedures for obtaining related documentation, for covered individuals through June 30, 2024, and automatically extending the validity of DED-based EADs bearing a Category Code of A–11 and a ‘‘Card Expires’’ date of March 30, 2020, January 10, 2021, or June 30, 2022, through June 30, 2024. Finally, this Notice provides instructions for DED eligible Liberians, or individuals without nationality who last habitually resided in Liberia, on how to file for travel authorization. DATES: The extension and expansion of DED and employment authorization for noncitizens covered by DED for Liberians is effective June 27, 2022, through June 30, 2024. |
October 2022
| Date | Title |
|---|---|
| October 26, 2022 (PDF) | Taking Additional Steps To Address the National Emergency With Respect to the Situation in Nicaragua. |
| October 19, 2022 (PDF) | This notice describes a new effort designed to immediately address the increasing number of encounters of Venezuelan nationals along the southwest border (SWB), as the Administration continues to implement its broader, multi-pronged and regional strategy to address the challenges posed by irregular migration. Venezuelans who do not avail themselves of this process, and instead enter the United States without authorization between POEs, will be subject to expulsion or removal. As part of this effort, the Department of Homeland Security (DHS) will implement a process— modeled on the successful Uniting for Ukraine (U4U) parole process—for certain Venezuelan nationals to lawfully enter the United States in a safe and orderly manner. To be eligible, individuals must have a supporter in the United States who agrees to provide housing and other supports as needed; must pass national security and public safety vetting; and must agree to fly at their own expense to an interior U.S. port of entry (POE), rather than entering at a land POE. Individuals are ineligible if they have been ordered removed from the United States within the prior five years or have entered unauthorized into the United States between POEs, Mexico, or Panama after the date of this notice’s publication. DATES: DHS will begin accepting online applications for this process on October 18, 2022. |
| October 13, 2022 (PDF) | This rule amends Department of Homeland Security (DHS) regulations to better facilitate the U.S. Government’s ability to achieve greater reciprocity between the United States and the People’s Republic of China (PRC) relative to the treatment of representatives of foreign information media of the respective countries seeking entry into the other country. For entry into the United States, such foreign nationals would seek to be admitted in I nonimmigrant status as bona fide representatives of foreign information media. Currently, foreign nationals who present a passport issued by the PRC, with the exception of Hong Kong Special Administrative Region (SAR) or Macau SAR passport holders, may be admitted in or otherwise granted I nonimmigrant status until the activities or assignments consistent with the I classification are completed, not to exceed 90 days. This rule amends the DHS regulations to remove the set period of stay of up to 90 days and to allow the Secretary of Homeland Security (Secretary) to determine the maximum period of stay, no longer than one year, for PRC I visa holders, taking into account certain factors. This rule also announces the Secretary has determined the maximum period of stay for which a noncitizen who presents a passport issued by the PRC (other than a Hong Kong SAR passport or a Macau SAR passport) may be admitted in or otherwise granted I nonimmigrant status is one year. DATES: This rule is effective on October 13, 2022. |
| October 6, 2022 (PDF) | Presidential Determination on Refugee Admissions for Fiscal Year 2023 |
November 2022
| Date | Title |
|---|---|
| November 16, 2022 (PDF) | Through this notice, the U.S. Department of Homeland Security (DHS) announces actions to ensure its continued compliance with the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos, et al. v. Nielsen, et al., No. 18–cv–01554 (N.D. Cal. October 3, 2018) (‘‘Ramos’’) 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. March 12, 2019) (‘‘Bhattarai’’). Beneficiaries under the existing Temporary Protected Status (TPS) designations for El Salvador, Nicaragua, Honduras, and Nepal, the 2011 designation of Haiti, and the 2013 designation of Sudan 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. They may also apply under the more recent designations of Haiti and Sudan in 2021 and 2022, respectively, and if granted, will retain TPS in accordance with their grants regardless of any potential end to the Ramos injunction. Other individuals who have been newly granted TPS under the 2021 designation of Haiti and the 2022 designation of Sudan, but who did not have TPS at the time of those designations, are not covered by this litigation compliance notice. Their TPS grants remain valid in accordance with their individual notices of approval from USCIS. 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. DATES: DHS is automatically extending the validity of certain TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal through June 30, 2024, from the current expiration date of December 31, 2022. |
| November 10, 2022 (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 86 countries whose nationals are eligible to participate in the H–2A program and 87 countries whose nationals are eligible to participate in the H–2B program for the coming year. DATES: The designations in this notice are effective from November 10, 2022 and shall be without effect on November 10, 2023 |
| November 7, 2022 (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 August 15, 2022, allowing for a 60-day comment period. DATES: The comment period for the notice published at 87 FR 50123 on August 15, 2022 is extended. Comments are encouraged and will be accepted for an additional 30 days until December 7, 2022. |
| November 7, 2022 (PDF) | The Executive Office for Immigration Review, 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 August 25, 2022, allowing for a 60-day comment period. DATES: The comment period for the notice published at 87 FR 52417 on August 25, 2022 is extended. Comments are encouraged and will be accepted until December 7, 2022 |
| November 3, 2022 (PDF) | The Executive Office for Immigration Review, 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 Aug. 25, 2022, allowing for a 60-day comment period. DATES: Comments are encouraged and will be accepted for an additional 30 days until December 5, 2022. |
| November 3, 2022 (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 August 15, 2022, allowing for a 60-day comment period. DATES: Comments are encouraged and will be accepted for an additional 30 days until December 5, 2022. |
December 2022
| Date | Title |
|---|---|
| December 15, 2022 (PDF) | The Secretary of Homeland Security, in consultation with the Secretary of Labor, is exercising his time-limited Fiscal Year (FY) 2023 authority and increasing the total number of noncitizens who may receive an H–2B nonimmigrant visa by up to, but no more than, a total of 64,716 for the entirety of FY 2023. To assist U.S. businesses that need workers to begin work on different start dates, the Departments have decided to distribute the supplemental visas in several allocations, including two separate allocations for the second half of fiscal year 2023. Out of the total 64,716 visas made available in this rule, the Departments have decided to reserve 20,000 visas for nationals of Guatemala, El Salvador, Honduras, or Haiti. The Departments will make all 64,716 visas available only to those businesses that are suffering irreparable harm or will suffer impending irreparable harm, as attested by the employer on a new attestation form. In addition to making the additional 64,716 visas available under the FY 2023 time-limited authority, DHS is exercising its general H–2B regulatory authority to again provide temporary 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. DATES: Effective dates: The amendments to title 8 of the Code of Federal Regulations in this rule are effective from December 15, 2022 through December 15, 2025. The amendments to title 20 of the Code of Federal Regulations in this rule are effective from December 15, 2022 through September 30, 2023, except for 20 CFR 655.67 which is effective from December 15, 2022 through September 30, 2026.
Petition dates: DHS will not accept any H–2B petitions under provisions related to the FY 2023 supplemental numerical allocations after September 15, 2023, and will not approve any such H–2B petitions after September 30, 2023. The provisions related to portability are only available to petitioners and H–2B nonimmigrant workers initiating employment through the end of January 24, 2024. |
| December 15, 2022 (PDF) | This notice announces that U.S. Citizenship and Immigration Services (USCIS) will conduct a nationwide trial of planned changes to the naturalization test. The naturalization test is comprised of the civics test that evaluates a knowledge and understanding of the fundamentals of U.S. history and of the principles and form of U.S. government, as well as tests that evaluate an individual’s understanding of the English language. USCIS will conduct a trial of both a standardized English-speaking test as part of the requirement to demonstrate an understanding of the English language and a civics test with updated content and format. The trial testing does not include the reading or writing portions of the test. USCIS will conduct the trial with volunteer community-based organizations (CBOs) that work with immigrant English language learners and lawful permanent residents (LPRs) preparing for naturalization. Participating in the trial is completely voluntary for organizations and students, and any test taken during, or as part of, the trial will not affect any naturalization application that may be submitted to USCIS during the trial testing period. USCIS may use the results to support changes to the naturalization test which USCIS would also announce through a different Federal Register notice. DATES: USCIS will conduct an initial virtual engagement to introduce the trial testing on January 12, 2023. USCIS will announce additional national engagements on the USCIS Citizenship Resource Center available at https://www.uscis.gov/citizenship. During these engagements, USCIS invites all interested parties to submit written data, views, comments, and arguments on all aspects of this trial testing. Comments may also be submitted to natzredesign22@uscis.dhs.gov |
| December 12, 2022 (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 Ethiopia, regardless of country of birth (or individuals having no nationality who last habitually resided in Ethiopia), and who are experiencing severe economic hardship as a direct result of the current crisis in Ethiopia. The Secretary is taking action to provide relief to these Ethiopian students 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 their F–1 nonimmigrant student status. The U.S. Department of Homeland Security (DHS) will deem an F–1 nonimmigrant student granted 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. DATES: This notice is effective December 12, 2022, through Wednesday June 12, 2024. |
| December 12, 2022 (PDF) | The Department of Homeland Security (DHS) is amending its regulations to update information that is no longer accurate since the creation of the Student and Exchange Visitor Information System (SEVIS). DHS is updating obsolete or unnecessary information because SEVIS, a Web-based system that DHS uses to collect and maintain current and ongoing information on Student and Exchange Visitor Program (SEVP)-certified schools, F–1 and M–1 nonimmigrant students, and J–1 Exchange Visitor Program participants and their sponsors, has replaced older paper-based processes. In addition, DHS is making technical changes to correct typographical errors, update references and citations, and make other needed changes to reflect the transfer of responsibilities to DHS from the Department of Justice (DOJ). Further, this rule removes language requiring original signatures on Form I–17, Petition for Approval of School for Attendance by Nonimmigrant Student or successor form, and clarifies language about the requirement of an original signature on Form I–20, Certificate of Eligibility for Nonimmigrant Student Status or successor form. This rulemaking introduces no substantive changes, does not raise existing costs; and places no additional burden on F, J, and M nonimmigrants, or on sponsoring academic institutions and programs. DATES: Effective Date: This rule is effective December 12, 2022. Comment Date: Comments must be received on or before January 11, 2023. |
| December 12, 2022 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is designating Ethiopia for Temporary Protected Status (TPS) for 18 months, beginning on December 12, 2022 and ending on Wednesday, June 12, 2024. This designation allows Ethiopian nationals (and individuals having no nationality who last habitually resided in Ethiopia) who have continuously resided in the United States since October 20, 2022, and who have been continuously physically present in the United States since December 12, 2022 to apply for TPS. DATES: Designation of Ethiopia for TPS: The 18-month designation of Ethiopia for TPS begins on December 12, 2022 and will remain in effect for 18 months, ending Wednesday, June 12, 2024. Registration: The registration period for individuals to submit TPS applications under the designation of Ethiopia for TPS begins on December 12, 2022 and will remain in effect through Wednesday, June 12, 2024. |
| December 8, 2022 (PDF) | The Executive Office for Immigration Review, 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. DATES: Comments are encouraged and will be accepted for 60 days until January 9, 2023. |
| December 6, 2022 (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 November 3, 2022, allowing for a 30-day comment period, however the email address for comments was incorrect. This notice corrects the email address and extends the period for comment. DATES: Comments are encouraged and will be accepted for an additional 30 days until January 5, 2023. |
Updated October 5, 2023