U.S. Department
of Justice
Federal Register Notices - 2023
January 2023
| Date | Title |
|---|---|
| January 31, 2023 (PDF) | Extending and Expanding Eligibility for Deferred Enforced Departure for Certain Hong Kong Residents |
| January 30, 2023 (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 January 30, 2023, with respect to violations occurring after November 2, 2015. DATES: This rule is effective January 30, 2023. |
| January 26, 2023 (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 Haiti, regardless of country of birth (or individuals having no nationality who last habitually resided in Haiti), 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 these Haitian students who are in lawful F–1 nonimmigrant student status so the students may request employment authorization on the date of publication of this notice, 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 action is effective February 4, 2023, through August 3, 2024. |
| January 26, 2023 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Haiti for Temporary Protected Status (TPS) for 18 months, beginning on February 4, 2023, and ending on August 3, 2024. This extension allows existing TPS beneficiaries to retain TPS through August 3, 2024, so long as they continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through August 3, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Haiti for TPS. The redesignation of Haiti allows additional Haitian nationals (and individuals having no nationality who last habitually resided in Haiti) who have been continuously residing in the United States since November 6, 2022, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since November 6, 2022, and meeting other eligibility criteria, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since February 4, 2023, the effective date of this redesignation of Haiti for TPS. DATES: Extension of Designation of Haiti for TPS: The 18-month extension of Haiti’s designation for TPS begins on February 4, 2023, and will remain in effect for 18 months, ending on August 3, 2024. The extension impacts existing beneficiaries of TPS. |
| January 13, 2023 (PDF) | In this final rule, the Department of Homeland Security (DHS) makes the 2023 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 2023 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 13, 2023 whose associated violations occurred after November 2, 2015. DATES: This rule is effective on January 13, 2023 |
| January 9, 2023 (PDF) | For the period beginning January 1, 2023, and ending on March 31, 2023, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. DATES: Rates are applicable January 1, 2023 to March 31, 2023. |
| January 9, 2023 (PDF) | On January 4, 20For the period beginning January 1, 2023, and ending on March 31, 2023, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. DATES: Rates are applicable January 1, 2023 to March 31, 2023.23, the Department of Homeland Security (DHS) published a proposed rule that proposed adjustments to certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). While DHS was able to work with the Office of the Federal Register to correct two typographical errors in the public inspection version of the proposed rule that posted on January 3, 2023, the published version of the proposed rule contain the errors in Table 1. In this document, we are correcting those two typographical errors. DATES: Written comments are due on March 6, 2023. Please refer to the instructions and guidance in the published proposed rule in the Federal Register on January 4, 2023, at 88 FR 402, FR Doc. 2022–27066, for more information on how to submit public comment. |
| January 9, 2023 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has authorized updates to the Parole Process for Venezuelans that was initiated in October 2022. The Venezuela process provides a safe and orderly pathway for certain individuals to seek authorization to travel to the United States to be considered for parole at an interior port of entry, contingent on the Government of Mexico (GOM) making an independent decision to accept the return or removal of Venezuelan nationals who bypass this new process and enter the United States without authorization. Pursuant to this notice, the Secretary has removed the limit of 24,000 total travel authorizations and replaced it with a monthly limit of 30,000 travel authorizations spread across this process and the separate and independent Parole Process for Cubans, Parole Process for Haitians, and Parole Process for Nicaraguans (as described in separate notices published concurrently in today’s edition of the Federal Register). The Secretary also has updated the eligibility criteria for the Venezuela process by including an exception that will enable Venezuelans who cross without authorization into the United States at the Southwest Border (SWB) and are subsequently permitted a one-time option to voluntarily depart or voluntarily withdraw their application for admission to maintain eligibility to participate in this parole process. DHS believes that these changes are needed to ensure that the Venezuela process continues to deliver the already-realized benefits of reducing the number of Venezuelan nationals crossing our border without authorization and the surge in migration throughout the hemisphere and channels migrants into a safe and orderly process that enables them to enter the United States without making the dangerous journey to the SWB. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on January 6, 2023. DHS will apply the changes to the process beginning on January 6, 2023. |
| January 9, 2023 (PDF) | This notice describes a new effort designed to enhance the security of our Southwest Border (SWB) by reducing the number of encounters of Nicaraguan nationals crossing the border without authorization, as the U.S. Government continues to implement its broader, multi-pronged and regional strategy to address the challenges posed by a surge in migration. Nicaraguans who do not avail themselves of this new process, and instead enter the United States without authorization between ports of entry (POEs), generally are subject to removal—including to third countries, such as Mexico. As part of this effort, the U.S. Department of Homeland Security (DHS) is implementing a process—modeled on the successful Uniting for Ukraine (U4U) and Process for Venezuelans—for certain Nicaraguan nationals to lawfully enter the United States in a safe and orderly manner and be considered for a case-by-case determination of parole. To be eligible, individuals must have a supporter in the United States who agrees to provide financial support for the duration of the beneficiary’s parole period, pass national security and public safety vetting, and fly at their own expense to an interior POE, rather than entering at a land POE. Individuals are ineligible for this process if they have been ordered removed from the United States within the prior five years; have entered unauthorized into the United States between POEs, Mexico, or Panama after the date of this notice’s publication, with an exception for individuals permitted a single instance of voluntary departure or withdrawal of their application for admission to still maintain their eligibility for this process; or are otherwise deemed not to merit a favorable exercise of discretion. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on January 6, 2023. |
| January 9, 2023 (PDF) | This notice describes a new effort designed to enhance the security of our Southwest Border (SWB) by reducing the number of encounters of Cuban nationals crossing the border without authorization, as the U.S. Government continues to implement its broader, multi-pronged and regional strategy to address the challenges posed by a surge in migration. Cubans who do not avail themselves of this new process, and instead enter the United States without authorization between ports of entry (POEs), generally are subject to removal—including to third countries, such as Mexico. As part of this effort, the U.S. Department of Homeland Security (DHS) is implementing a process—modeled on the successful Uniting for Ukraine (U4U) and Process for Venezuelans—for certain Cuban nationals to lawfully enter the United States in a safe and orderly manner and be considered for a case-by-case determination of parole. To be eligible, individuals must have a supporter in the United States who agrees to provide financial support for the duration of the beneficiary’s parole period, pass national security and public safety vetting, and fly at their own expense to an interior POE, rather than entering at a land POE. Individuals are ineligible for this process if they have been ordered removed from the United States within the prior five years; have entered unauthorized into the United States between POEs, Mexico, or Panama after the date of this notice’s publication, with an exception for individuals permitted a single instance of voluntary departure or withdrawal of their application for admission to still maintain their eligibility for this process; or are otherwise deemed not to merit a favorable exercise of discretion. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on January 6, 2023. |
| January 9, 2023 (PDF) | This notice describes a new effort designed to respond to and protect against a significant increase in the number of Haitian nationals crossing the border without authorization, as the U.S. Government continues to implement its broader, multi-pronged and regional strategy to address the challenges posed by irregular migration. Haitians who do not avail themselves of this process, and instead enter the United States without authorization between ports of entry (POEs), generally are subject to removal. As part of this effort, the U.S. Department of Homeland Security (DHS) is implementing a process—modeled on the successful Uniting for Ukraine (U4U) and Process for Venezuelans—for certain Haitian nationals to lawfully enter the United States in a safe and orderly manner and be considered for a case-by-case determination of parole. To be eligible, individuals must have a supporter in the United States who agrees to provide financial support for the duration of the beneficiary’s parole period, pass national security and public safety vetting, and fly at their own expense to an interior POE, rather than entering at a land POE. Individuals are ineligible for this process if they have been ordered removed from the United States within the prior five years; have entered unauthorized into the United States between POEs, Mexico, or Panama after the date of this notice’s publication with an exception for individuals permitted a single instance of voluntary departure or withdrawal of their application for admission to still maintain their eligibility for this process; or are otherwise deemed not to merit a favorable exercise of discretion. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on January 6, 2023. |
| January 4, 2023 (PDF) | The Department of Homeland Security (DHS) proposes to adjust certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). USCIS conducted a comprehensive biennial fee review and determined that its costs have increased considerably since its previous fee adjustment due to expanded humanitarian programs, higher demand, increased processing times, and a need for more USCIS employees. USCIS cannot maintain adequate service levels with the effects of the budget cuts and its current level of spending without lasting impacts on operations. DHS proposes to adjust USCIS fees, add new fees for certain benefit requests, establish distinct fees for petitions for nonimmigrant workers, and limit the number of beneficiaries on certain forms. DHS is also proposing additional fee exemptions for certain humanitarian categories and changes to certain other immigration benefit request requirements. If DHS does not adjust USCIS fees it will not have the resources it needs to provide adequate service to applicants and petitioners or be able to keep pace with incoming benefit request workload, and USCIS processing times and backlogs will not improve. DHS intends for this rulemaking to provide the funding required for USCIS to improve service levels. DATES: Written comments must be submitted on this proposed rule on or before March 6, 2023. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day. |
| January 3, 2023 (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, beginning on March 4, 2023, through September 3, 2024. This extension allows existing TPS beneficiaries to retain TPS through September 3, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through September 3, 2024, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Yemen for TPS. The redesignation of Yemen allows additional Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) who have been continuously residing in the United States since December 29, 2022 to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since December 29, 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 March 4, 2023, the effective date of this redesignation of Yemen for TPS. DATES: Extension of Designation of Yemen for TPS: The 18-month designation of Yemen for TPS begins on March 4, 2023, and will remain in effect for 18 months, through September 3, 2024. The extension impacts existing beneficiaries of TPS |
February 2023
| Date | Title |
|---|---|
| February 24, 2023 (PDF) | On January 4, 2023, DHS published a proposed rule in the Federal Register proposing amendments to certain immigration and naturalization benefit request fees charged by USCIS. DHS is announcing the comment period will be extended an additional 5 business days. As part of this rulemaking, DHS will consider comments received during the entire public comment period, including comments received since publication on January 4, 2023. DATES: The comment period for the proposed rule published on January 4, 2023, at 86 FR 402 is extended. Written comments and related material must be submitted on or before March 13, 2023. Please refer to the instructions and guidance in the published proposed rule in the Federal Register on January 4, 2023, at 88 FR 402, FR Doc. 2022– 27066, for more information on how to submit public comment. |
| February 23, 2023 (PDF) | The Department of Homeland Security (‘‘DHS’’) and the Department of Justice (‘‘DOJ’’) are issuing a notice of proposed rulemaking (‘‘NPRM’’ or ‘‘proposed rule’’) in anticipation of a potential surge of migration at the southwest border (‘‘SWB’’) of the United States following the eventual termination of the Centers for Disease Control and Prevention’s (‘‘CDC’’) public health Order. The proposed rule would encourage migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in countries through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain. It would do so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel. In the absence of such a measure, which would be implemented on a temporary basis, the number of migrants expected to travel without authorization to the United States is expected to increase significantly, to a level that risks undermining the Departments’ continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system, in the face of exceptionally challenging circumstances. Coupled with an expansion of lawful, safe, and orderly pathways into the United States, the Departments expect the proposed rule to lead to a reduction in the numbers of migrants who seek to cross the SWB without authorization to enter, thereby reducing the reliance by migrants on dangerous human smuggling networks, protecting against extreme overcrowding in border facilities, and helping to ensure that the processing of migrants seeking protection in the United States is done in an effective, humane, and efficient manner. DATES: Comments must be submitted on or before March 27, 2023. The electronic Federal Docket Management System will accept comments before midnight eastern time at the end of that day. |
| February 16, 2023 (PDF) | Based on a review of the Administrative Records 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 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. Dated: February 6, 2023 |
| February 9, 2023 (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. The proposed information collection was previously published in the Federal Register on December 8, 2022, allowing for a 60-day comment period. DATES: Comments are encouraged and will be accepted for an additional 30 days until March 13, 2023. |
| February 2, 2023 (PDF) | U.S. Customs and Border Protection (CBP) regulations require commercial air carriers to electronically transmit passenger information to CBP’s Advance Passenger Information System (APIS) prior to an aircraft’s departure to the United States from a foreign port or place or departure from the United States so that the Department of Homeland Security (DHS) can determine whether the carrier must conduct an additional security analysis or security screening of the passengers. CBP proposes to amend these regulations to incorporate additional commercial carrier requirements that would enable CBP to determine whether each passenger is traveling with valid, authentic travel documents prior to the passenger boarding the aircraft. The proposed regulations would also require commercial air carriers to transmit additional data elements through APIS for all commercial aircraft passengers arriving, or intending to arrive, in the United States in order to support border operations and national security and safety. Additionally, this proposal includes changes to conform existing regulations to current practice. Finally, the proposed regulations would allow commercial carriers to transmit an aircraft’s registration number to CBP via APIS. This proposed rule is intended to increase the security and safety of the international traveling public, the international air carrier industry, and the United States. DATES: Comments must be received by April 3, 2023 |
March 2023
| Date | Title |
|---|---|
| March 28, 2023 (PDF) | This rule adopts as final adjustments to the Schedule of Fees for Consular Services (Schedule of Fees) for several nonimmigrant visa (NIV) application processing fees and the Border Crossing Card (BCC) for Mexican citizens age 15 and over. These adjustments are based on the findings of the most recently approved update to the Cost of Service Model (CoSM) and incorporate revised projections for nonimmigrant visa demand. This rule also addresses public comments received by the Department on the originally proposed fee recommendations found in the notice of proposed rulemaking (NPRM). DATES: This final rule is effective on May 30, 2023. |
| March 28, 2023 (PDF) | This rule amends existing Department of Homeland Security (‘‘DHS’’) and Department of Justice (‘‘DOJ’’) (collectively, ‘‘the Departments’’) regulations to implement the Additional Protocol to the Agreement between The Government of the United States of America and The Government of Canada For Cooperation in the Examination of Refugee Status Claims From Nationals of Third Countries (‘‘Additional Protocol of 2022’’) negotiated by the Governments of the United States and Canada and signed in Ottawa, Ontario, Canada, on March 29, 2022, and in Washington, DC, United States, on April 15, 2022, respectively. The Additional Protocol of 2022 supplements certain terms of the December 5, 2002, Agreement between The Government of the United States and The Government of Canada For Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries (‘‘Safe Third Country Agreement,’’ ‘‘STCA,’’ or ‘‘Agreement’’). Pursuant to the STCA, the respective governments manage which government decides certain individuals’ requests for asylum or other protection relating to fear of persecution or torture (referred to as a ‘‘refugee status claim’’ in the STCA and the Additional Protocol of 2022) pursuant to its laws, regulations, and policies implementing its international treaty obligations relating to nonrefoulement. Under the STCA, only those individuals who cross the U.S.- Canada land border at a port of entry (‘‘POE’’), or in transit while being removed or deported to a third country from the ‘‘country of last presence,’’ are subject to the terms of the STCA. Once the Additional Protocol of 2022 is implemented, the STCA also will apply to individuals who cross the U.S.- Canada land border between POEs, including certain bodies of water, and who make an asylum or other protection claim relating to a fear of persecution or torture within 14 days after such crossing. The Additional Protocol of 2022 will enter into force once the United States and Canada have officially notified each other that they have completed the necessary domestic procedures for bringing the Additional Protocol of 2022 into force. The Departments intend this official notification to coincide with the effective date of this final rule at 12:01 a.m. on Saturday, March 25, 2023. DATES: This final rule is effective at 12:01 a.m. on Saturday, March 25, 2023. |
| March 28, 2023 (PDF) | The Department of State (‘‘Department’’) is issuing this document to state its interpretation of certain provisions in the Immigration and Nationality Act (INA) regarding the availability of immigrant visa numbers in categories subject to an annual numerical limit. To ensure that Department practice is consistent with these INA provisions, future Visa Bulletins, beginning with the April 2023 Visa Bulletin, will reflect this interpretation with respect to the availability of employment-based preference visas for applicants from the Northern Central American countries of El Salvador, Guatemala, and Honduras (‘‘NCA Countries’’). DATES: March 28, 2023. |
| March 17, 2023 (PDF) | The Department of Homeland Security (DHS) is extending, for a fourth 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. DATES: This temporary final rule is effective from March 16, 2023 through September 12, 2023. As of March 16, 2023, 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), at 86 FR 51781 (Sept. 17, 2021), and at 87 FR 14757 (Mar. 16, 2022), is further extended from March 16, 2023 through September 12, 2023. |
| March 13, 2023 (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 Somalia, regardless of country of birth (or individuals having no nationality who last habitually resided in Somalia), 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 these Somali 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 action is effective March 18, 2023, through September 17, 2024. |
| March 13, 2023 (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, beginning on March 18, 2023, and ending on September 17, 2024. This extension allows existing TPS beneficiaries to retain TPS through September 17, 2024, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through September 17, 2024, must re-register during the 60- day re-registration period described in this notice. The Secretary is also redesignating Somalia for TPS. The redesignation of Somalia allows additional Somali nationals (and individuals having no nationality who last habitually resided in Somalia) who have been continuously residing in the United States since January 11, 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since January 11, 2023, and meeting other eligibility criteria, applicants for TPS under this designation must demonstrate that they have been continuously physically present in the United States since March 18, 2023, the effective date of this redesignation of Somalia for TPS. DATES: Extension of Designation of Somalia for TPS: The 18-month designation of Somalia for TPS begins on March 18, 2023, and will remain in effect for 18 months, ending on September 17, 2024. The extension impacts existing beneficiaries of TPS. |
| March 6, 2023 (PDF) | The Department of State is updating its regulation regarding visa applicants’ furnishing of signed photographs as required under Section 221(b) of the Immigration and Nationality Act. These updates reflect changes in technology, including the ability to upload digital photographs electronically as part of the online visa application process. DATES: This final rule is effective on April 5, 2023. |
| March 2, 2023 (PDF) | The U.S. Citizenship and Immigration Services (USCIS) is announcing a fee to be collected by USCIS. The EB–5 Reform and Integrity Act of 2022 (the 2022 Act) requires USCIS to establish a special fund to be known as the EB–5 Integrity Fund to be primarily used by USCIS in the administration of the Regional Center Program. USCIS must collect a fee of $20,000 or $10,000, depending on certain factors established by the 2022 Act, to finance the EB–5 Integrity Fund from each designated regional center. This notice explains how regional centers should determine the amount of the fee and provides the process for how it is to be paid. DATES: The first fee payment of the fees announced in this notice must be paid beginning on March 2, 2023 and before April 3, 2023. For fiscal year 2024 and each year thereafter, the fees must be paid between October 1st and October 31st of the same year. |
April 2023
| Date | Title |
|---|---|
| April 24, 2023 (PDF) | Based on a review of the Administrative Records 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 a 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. Dated: April 11, 2023. |
| April 17, 2023 (PDF) | The Department of Justice (‘‘DOJ’’) and the Department of Homeland Security (‘‘DHS’’) (‘‘collectively, ‘‘the Departments’’) are correcting inadvertent errors and omissions in the preamble and the amendatory language of the final rule titled ‘‘Implementation of the 2022 Additional Protocol to the 2002 U.S.- Canada Agreement for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries’’ published in the Federal Register on March 28, 2023. DATES: This correction is effective April 17, 2023, and is applicable beginning at 12:01 a.m. on Saturday, March 25, 2023. |
| April 7, 2023 (PDF) | For the period beginning April 1, 2023, and ending on June 30, 2023, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. DATES: Rates are applicable April 1, 2023 to June 30, 2023. |
May 2023
| Date | Title |
|---|---|
| May 16, 2023 (PDF) | The Department of Homeland Security (‘‘DHS’’) and the Department of Justice (‘‘DOJ’’) are issuing a final rule in anticipation of a potential surge of migration at the southwest border (‘‘SWB’’) of the United States following the termination of the Centers for Disease Control and Prevention’s (‘‘CDC’’) public health Order. The rule encourages migrants to avail themselves of lawful, safe, and orderly pathways into the United States, or otherwise to seek asylum or other protection in another country through which they travel, thereby reducing reliance on human smuggling networks that exploit migrants for financial gain. The rule does so by introducing a rebuttable presumption of asylum ineligibility for certain noncitizens who neither avail themselves of a lawful, safe, and orderly pathway to the United States nor seek asylum or other protection in a country through which they travel. In the absence of such a measure, which would apply only to those who enter at the southwest land border or adjacent coastal borders during a limited, specified date range, the number of migrants expected to travel without authorization to the United States would be expected to increase significantly, to a level that risks undermining the Departments’ continued ability to safely, effectively, and humanely enforce and administer U.S. immigration law, including the asylum system, in the face of exceptionally challenging circumstances. Coupled with an expansion of lawful, safe, and orderly pathways into the United States, the Departments expect the rule to lead to a reduction in the number of migrants who seek to cross the SWB without authorization to enter, thereby reducing the reliance by migrants on dangerous human smuggling networks, protecting against extreme overcrowding in border facilities, and helping to ensure that the processing of migrants seeking protection in the United States is done in an effective, humane, and efficient manner. In addition, the Departments are requesting comment on whether applicability of the rebuttable presumption should be extended to noncitizens who enter the United States without documents sufficient for lawful admission during the same temporary time period at a maritime border. DATES: Effective date: This rule is effective on May 11, 2023. |
| May 15, 2023 (PDF) | Revoking the Air Travel COVID-19 Vaccination Requirement |
| May 5, 2023 (PDF) | Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition |
| May 4, 2023 (PDF) | On January 26, 2023, 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 extend and expand the deferral of removal of certain Hong Kong residents present in the United States through February 5, 2025, 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 eligible Hong Kong residents 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 February 5, 2025, and automatically extending the validity of DED-based EADs bearing a Category Code of A11 and a ‘‘Card Expires’’ date of February 5, 2023 through February 5, 2025. Finally, this Notice provides instructions for DED-eligible Hong Kong residents on how to file for advance travel authorization. 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. DATES: DED and employment authorization for noncitizens covered by DED for Hong Kong residents is effective January 26, 2023, through February 5, 2025. Employment authorization and the procedures for obtaining EADs in this Notice apply to any of the following individuals (except those who are subject to any of the ineligibilities described in President Biden’s memorandum to the Secretaries of State and Homeland Security): noncitizens who are Hong Kong residents, who were covered by DED until February 5, 2023; as well as Hong Kong residents, who have been continuously physically present in the United States since January 26, 2023. Hong Kong residents must meet all eligibility criteria for DED described below. |
| May 4, 2023 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) is suspending certain regulatory requirements for F–1 nonimmigrant students who are Hong Kong residents, regardless of country of birth, and who are experiencing severe economic hardship as a direct result of the current crisis in Hong Kong. The Secretary is taking action to provide relief to those Hong Kong residents who were in lawful F–1 nonimmigrant student status as of January 26, 2023, 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. 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 action is effective from January 26, 2023, through February 5, 2025. |
June 2023
| Date | Title |
|---|---|
| June 30, 2023 (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 basis 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. I also conclude that there is a sufficient factual basis to find that ISIL-Libya (and other aliases) uses the additional alias Islamic State of Iraq and ash-Sham in Libya (also known as ISIS-Libya and ISIS–L); and that there is a sufficient factual basis to find that Real IRA (and other aliases) uses the additional alias New Irish Republican Army (also known as New IRA, NIRA, and IRA Army Council). 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. Additionally, pursuant to section 219(b) of the INA, as amended (8 U.S.C. 1189(b)), I hereby amend the designation of ISIL-Libya (and other aliases) as a Foreign Terrorist Organization to include the following new aliases: Islamic State of Iraq and ash-Sham in Libya, ISIS-Libya, ISIS–L; and amend the designation of Real IRA (and other aliases) as a Foreign Terrorist Organization to include the following new aliases: New Irish Republican Army, New IRA, NIRA, and IRA Army Council. This determination shall be published in the Federal Register. Dated: June 5, 2023. |
| June 30, 2023 (PDF) | : On May 15, 2020, the Acting Secretary of Homeland Security published a Notice of Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended, to waive legal requirements related to the construction of barriers and roads. (May 2020 Notice of Determination). The Secretary of Homeland Security through this notice rescinds the May 2020 Notice of Determination. DATES: This Notice takes effect on June 30, 2023. |
| June 21, 2023 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is rescinding the previous termination of the designation of El Salvador for TPS, which was published on January 18, 2018 and extending the designation of El Salvador for Temporary Protected Status (TPS) for 18 months, beginning on September 10, 2023, and ending on March 9, 2025. This extension allows existing TPS beneficiaries to retain TPS through March 9, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through March 9, 2025, must re-register during the 60-day re-registration period as described in this notice. DATES: The Rescission of Termination of the Designation of El Salvador for TPS took effect June 9, 2023. Extension of Designation of El Salvador for TPS: The 18-month extension of TPS for El Salvador begins on September 10, 2023, and will remain in effect through March 9, 2025. The extension impacts existing beneficiaries of TPS under the designation of El Salvador. Re-registration: The 60-day reregistration period for existing beneficiaries runs from July 12, 2023 through September 10, 2023. |
| June 21, 2023 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is rescinding the previous termination of the designation of Honduras for TPS which was published on June 5, 2018 and extending the designation of Honduras for Temporary Protected Status (TPS) for 18 months, beginning on January 6, 2024, and ending on July 5, 2025. This extension allows existing TPS beneficiaries to retain TPS through July 5, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must reregister during the 60-day re-registration period as described in this notice. DATES: The Rescission of Termination of the Designation of Honduras for TPS took effect June 9, 2023. Extension of Designation of Honduras for TPS: The 18-month extension of TPS for Honduras begins on January 6, 2024, and will remain in effect through July 5, 2025. The extension impacts existing beneficiaries of TPS under the designation of Honduras. Re-registration: The 60-day reregistration period for existing beneficiaries runs from November 6, 2023 through January 5, 2024. |
| June 21, 2023 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is rescinding the previous termination of the designation of Nepal for TPS, which was published on May 22, 2018 and extending the designation of Nepal for Temporary Protected Status (TPS) for 18 months, beginning on December 25, 2023, and ending on June 24, 2025. This extension allows existing TPS beneficiaries to retain TPS through June 24, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through June 24, 2025, must reregister during the 60-day re-registration period as described in this notice. DATES: The Rescission of Termination of the Designation of Nepal for TPS is effective took effect June 9, 2023. Extension of Designation of Nepal for TPS: The 18-month extension of TPS for Nepal begins on December 25, 2023 and will remain in effect through June 24, 2025. The extension impacts existing beneficiaries of TPS under the designation of Nepal. Re-registration: The 60-day reregistration period for existing beneficiaries runs from October 24, 2023 through December 23, 2023. |
| June 21, 2023 (PDF) | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is rescinding the previous termination of the designation of Nicaragua for TPS, which was published on December 15, 2017 and extending the designation of Nicaragua for Temporary Protected Status (TPS) for 18 months, beginning on January 6, 2024 and ending on July 5, 2025. This extension allows existing TPS beneficiaries to retain TPS through July 5, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through July 5, 2025, must reregister during the 60-day re-registration period as described in this notice. DATES: The Rescission of Termination of the Designation of Nicaragua for TPS took effect June 9, 2023. Extension of Designation of Nicaragua for TPS: The 18-month extension of TPS for Nicaragua begins on January 6, 2024, and will remain in effect through July 5, 2025. The extension impacts existing beneficiaries of TPS under the designation of Nicaragua. Re-registration: The 60-day re-registration period for existing beneficiaries runs from November 6, 2023, through January 5, 2024. |
| June 1, 2023 (PDF) | This final rule (TFR) temporarily amends Department of State (Department) regulations to provide that Afghan nationals applying for an immigrant visa as an immediate relative as defined in the INA or in a family preference immigrant visas category are exempt from the requirement to pay an immigrant visa (IV) application processing fee and a domestic Affidavit of Support review fee. DATES: This rule is effective June 1, 2023, until December 31, 2024. |
July 2023
| Date | Title |
|---|---|
| July 25, 2023 (PDF) | The Department of Homeland Security (DHS) is amending its regulations to create a framework under which the Secretary of Homeland Security (the Secretary) may, as an optional alternative to the in-person physical document examination method that employers have followed as part of the Form I–9 process set forth in current regulations, authorize alternative document examination procedures. The Secretary may authorize such alternative procedures with respect to some or all employers as part of a pilot program, 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. In addition, in a separate document published in this edition of the Federal Register, DHS is announcing the Secretary’s authorization of an alternative document examination procedure and the conditions for participation. DATES: The effective date of this final rule is August 1, 2023. |
| July 25, 2023 (PDF) | U.S. Citizenship and Immigration Services (USCIS) is announcing a new version of Form I–9, Employment Eligibility Verification. Employers must use Form I–9 to verify the identity and employment authorization of their employees. USCIS made significant changes to the form and its instructions, including a checkbox to indicate that an employee’s Form I–9 documentation was examined using a DHS-authorized alternative procedure. This Notice contains the dates of both the prior version and the new version of Form I–9 that employers may use, as well as the date when the prior version will become obsolete. DATES: Form I–9, Employment Eligibility Verification, with a version date of ‘‘(Rev. 08/01/23)’’ is available for use beginning August 1, 2023. The prior version of Form I–9 (Rev. 10/21/19) continues to be effective through October 31, 2023. |
| July 25, 2023 (PDF) | U.S. Immigration and Customs Enforcement is announcing the authorization of an optional alternative procedure to the in-person physical examination of the documentation presented by individuals seeking to establish identity and employment authorization for the purpose of completing the Form I–9, Employment Eligibility Verification (Form I–9). DATES: The alternative procedure is available beginning on August 1, 2023. |
| July 14, 2023 (PDF) | The Department of State (Department) amends its regulations governing nonimmigrant and immigrant visas to update classification symbols and descriptions for certain immigrant and nonimmigrant visas. DATES: This final rule is effective on September 12, 2023 |
| July 10, 2023 (PDF) | This notice announces the U.S. Department of Homeland Security’s (DHS) creation and implementation of a family reunification parole process (FRP) for Salvadorans. Under this process, certain Salvadoran principal beneficiaries of an approved Form I– 130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from El Salvador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, and regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on July 10, 2023. |
| July 10, 2023 (PDF) | This notice announces the U.S. Department of Homeland Security’s (DHS) creation and implementation of a family reunification parole process (FRP) for Hondurans. Under this process, certain Honduran principal beneficiaries of an approved Form I– 130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from Honduras to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, and regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on July 10, 2023 |
| July 10, 2023 (PDF) | This notice announces the U.S. Department of Homeland Security’s (DHS) creation and implementation of a family reunification parole process (FRP) for Colombians. Under this process, certain Colombian principal beneficiaries of an approved Form I– 130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from Colombia to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, and regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on July 10, 2023 |
| July 10, 2023 (PDF) | This notice announces the U.S. Department of Homeland Security’s (DHS) creation and implementation of a family reunification parole process (FRP) for Guatemalans. Under this process, certain Guatemalan principal beneficiaries of an approved Form I– 130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from Guatemala to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, and regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on July 10, 2023. |
| July 6, 2023 (PDF) | This notice announces that the U.S. Department of Homeland Security (DHS) is reducing Brunei Darussalam’s Electronic System for Travel Authorization (ESTA) travel authorization validity period for travel by citizens or nationals of Brunei under the Visa Waiver Program (VWP) to the United States from two years from the date of issuance to one year for ESTA applications received after the date of publication of this notice. DHS is making this change based on the Government of Brunei’s inability to satisfy multiple VWP requirements. DATES: This announcement is effective on July 6, 2023. |
August 2023
| Date | Title |
|---|---|
| August 21, 2023 | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Ukraine for Temporary Protected Status (TPS) for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. This extension allows existing TPS beneficiaries to retain TPS through April 19, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Ukraine for TPS. The redesignation of Ukraine allows additional Ukrainian nationals (and individuals having no nationality who last habitually resided in Ukraine) who have been continuously residing in the United States since August 16, 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since August 16, 2023, 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 20, 2023, the effective date of this redesignation of Ukraine for TPS. DATES: Extension of Designation of Ukraine for TPS: The 18-month designation of Ukraine for TPS begins on October 20, 2023, and will remain in effect for 18 months, ending on April 19, 2025. The extension impacts existing beneficiaries of TPS. |
| August 21, 2023 | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Sudan for Temporary Protected Status (TPS) for 18 months, beginning on October 20, 2023, and ending on April 19, 2025. This extension allows existing TPS beneficiaries to retain TPS through April 19, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through April 19, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Sudan for TPS. The redesignation of Sudan allows additional Sudanese nationals (and individuals having no nationality who last habitually resided in Sudan) who have been continuously residing in the United States since August 16, 2023 to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since August 16, 2023 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 20, 2023, the effective date of this redesignation of Sudan for TPS. DATES: Extension of Designation of Sudan for TPS: The 18-month designation of Sudan for TPS begins on October 20, 2023, and will remain in effect for 18 months, ending on April 19, 2025. The extension impacts existing beneficiaries of TPS. |
| August 11, 2023 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has authorized updates to modernize Cuban Family Reunification Parole (CFRP). CFRP provides a lawful, safe, and orderly pathway for certain Cubans to seek parole into the United States, allowing them to reunite with family as they wait for their immigrant visas to become available so they may apply to adjust status to lawful permanent resident (LPR). The Secretary has authorized these updates to CFRP in light of technological advancements and process efficiencies created since the CFRP’s inception in 2007. Every step of the updated process will be completed online with the exception of a medical exam by a panel physician and the parole determination made upon arrival at an interior U.S. port of entry (POE). DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on August 11, 2023. |
| August 11, 2023 (PDF) | This notice announces that the Secretary of Homeland Security (Secretary) has authorized updates to modernize Haitian Family Reunification Parole (HFRP). HFRP provides a lawful, safe, and orderly pathway for certain Haitians to seek parole into the United States, allowing them to reunite with family as they wait for their immigrant visas to become available so they may apply to adjust status to lawful permanent resident (LPR). The Secretary has authorized these updates to HFRP in light of technological advancements and process efficiencies created since the HFRP’s inception in 2014. Every step of the updated process will be completed online with the exception of a medical exam by a panel physician and the parole determination made upon arrival at an interior U.S. port of entry (POE). DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on August 11, 2023. |
| August 9, 2023 (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. DATES: Comments are encouraged and will be accepted for 60 days until October 10, 2023. |
| August 9, 2023 (PDF) | On December 12, 2022, the Department of Homeland Security (DHS) issued an interim final rule, Removal of Obsolete Procedures and Requirements Related to F, J, and M Nonimmigrants, that inadvertently contained inaccurate amendatory instructions so that the revisions in the 2022 rule could not be made to the Code of Federal Regulations (CFR). This document corrects the CFR. DATES: Effective on August 9, 2023. |
| August 8, 2023 (PDF) | U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), is making a correction to the notice titled ‘‘Employment Authorization for Haitian F–1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the Current Crisis in Haiti’’ that published in the Federal Register on Thursday, January 26, 2023. DATES: August 8, 2023. |
| August 8, 2023 (PDF) | DHS is revising its regulations governing service of bond notifications. Current regulations authorize ICE to serve documents in-person, or by certified, registered, or first-class (regular) mail. This IFR authorizes ICE to electronically serve bond-related notifications to obligors for immigration bonds. The ICE transition to electronic notifications for bond-related documents is part of an electronic bonds system ICE developed to simplify the posting of bonds. DATES: This rule is effective as of September 7, 2023; comments must be received by September 7, 2023. |
| August 2, 2023 (PDF) | This document announces that the U.S. Department of Homeland Security (DHS) is reducing Hungary’s Electronic System for Travel Authorization (ESTA) travel authorization validity period for travel by citizens or nationals of Hungary under the Visa Waiver Program (VWP) to the United States from two years from the date of issuance to one year and also limiting the validity of an ESTA for citizens or nationals of Hungary to a single use for ESTA applications received after the date of publication of this document. DHS is making these changes based on the Government of Hungary’s inability to satisfy a number of VWP requirements. DATES: This announcement is effective on August 1, 2023. |
September 2023
| Date | Title |
|---|---|
| September 29, 2023 | 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. The Secretary of Homeland Security, in consultation with the Secretary of State, has designated Israel 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 Israel. DATES: This final rule is effective on September 29, 2023. The Secretary’s designation was effective on September 26, 2023. The designation will be implemented on November 30, 2023. |
| September 25, 2023 | 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 Afghanistan, regardless of country of birth (or individuals having no nationality who last habitually resided in Afghanistan), and who are experiencing severe economic hardship as a direct result of the current armed conflict and current humanitarian crisis in Afghanistan. The Secretary is taking action to provide relief to these Afghan students who are in lawful F–1 nonimmigrant students 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 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 action is effective November 21, 2023, through May 20, 2025. |
| September 25, 2023 | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the designation of Afghanistan for Temporary Protected Status (TPS) for 18 months, beginning on November 21, 2023, and ending on May 20, 2025. This extension allows existing TPS beneficiaries to retain TPS through May 20, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 20, 2025, must re-register during the 60-day re-registration period described in this notice. The Secretary is also redesignating Afghanistan for TPS. The redesignation of Afghanistan allows additional Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) who have been continuously residing in the United States since September 20, 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since September 20, 2023, 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 21, 2023, the effective date of this redesignation of Afghanistan for TPS. DATES: Extension of Designation of Afghanistan for TPS: The 18-month designation of Afghanistan for TPS begins on November 21, 2023, and will remain in effect for 18 months, ending on May 20, 2025. The extension impacts existing beneficiaries of TPS. Re-Registration: The 60-day reregistration period for existing beneficiaries runs from September 25, 2023 through November 24, 2023. (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.) Redesignation of Afghanistan for TPS: The 18-month redesignation of Afghanistan for TPS begins on November 21, 2023, and will remain in effect for 18 months, ending on May 20, 2025. The redesignation 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 Afghanistan TPS redesignation begins on September 25, 2023 and will remain in effect through May 20, 2025. |
| September 20, 2023 | The Department of Homeland Security (DHS) proposes to amend its regulations affecting temporary agricultural (H–2A) and temporary nonagricultural (H–2B) nonimmigrant workers (H–2 programs) and their employers. This notice of proposed rulemaking is intended to better ensure the integrity of the H–2 programs and enhance protections for workers. DATES: Written comments must be submitted on or before November 20, 2023. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day. |
| September 8, 2023 | In December 2020, the Department of Justice issued a final rule (the ‘‘AA96 Final Rule’’) establishing novel limits on the authority of immigration judges and the Board of Immigration Appeals (‘‘BIA’’ or ‘‘Board’’) to manage their dockets and efficiently dispose of cases. Among other changes, the AA96 Final Rule would have required the BIA to set simultaneous briefing schedules for every appeal, limited the authority of immigration judges and the BIA to temporarily pause cases while the United States Citizenship and Immigration Services (‘‘USCIS’’) adjudicates a noncitizen’s pending visa application, and restricted the BIA’s discretion to remand matters to immigration judges in light of legal and factual errors. The AA96 Final Rule was enjoined shortly after its issuance in March 2021, and it has not been in effect since that date. After careful reconsideration, the Department proposes to restore longstanding procedures in place prior to the AA96 Final Rule, including administrative closure, and to clarify and codify other established practices. Given the aforementioned injunction, the proposed regulatory language largely reflects the currently operative status quo. The Department believes that this rule will promote the efficient and expeditious adjudication of cases, afford immigration judges and the BIA flexibility to efficiently allocate their limited resources, and protect due process for parties before immigration judges and the BIA. DATES: Electronic comments must be submitted, and written comments must be postmarked or otherwise indicate a shipping date on or before November 7, 2023. The electronic Federal Docket Management System at www.regulations.gov will accept electronic comments until 11:59 p.m. Eastern Time on that date. |
| September 6, 2023 | 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, beginning on November 4, 2023, and ending on May 3, 2025. This extension allows existing TPS beneficiaries to retain TPS through May 3, 2025, so long as they otherwise continue to meet the eligibility requirements for TPS. Existing TPS beneficiaries who wish to extend their status through May 3, 2025, must reregister during the 60-day re-registration period described in this notice. The Secretary is also redesignating South Sudan for TPS. The redesignation of South Sudan allows additional South Sudanese nationals (and individuals having no nationality who last habitually resided in South Sudan) who have been continuously residing in the United States since September 4, 2023, to apply for TPS for the first time during the initial registration period described under the redesignation information in this notice. In addition to demonstrating continuous residence in the United States since September 4, 2023, 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 4, 2023, the effective date of this redesignation of South Sudan for TPS. DATES: Extension of Designation of South Sudan for TPS: The 18-month designation of South Sudan for TPS begins on November 4, 2023, and will remain in effect for 18 months, ending on May 3, 2025. The extension impacts existing beneficiaries of TPS. Re-registration: The 60-day re-registration period for existing beneficiaries runs from September 6, 2023 through November 6, 2023. (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.) Redesignation of South Sudan for TPS: The 18-month redesignation of South Sudan for TPS begins on November 4, 2023, and will remain in effect for 18 months, ending on May 3, 2025. The redesignation 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 South Sudan TPS redesignation begins on September 6, 2023 and will remain in effect through May 3, 2025. |
| September 5, 2023 | The Department of State (‘‘Department’’) has decided not to finalize the regulatory amendments made by the 2019 interim final rule entitled ‘‘Visas: Ineligibility Based on Public Charge Grounds’’ published in the Federal Register on October 11, 2019 (‘‘2019 IFR’’). The 2019 IFR implemented such amendments based on an intention to more closely align with the standards then applied by the U.S. Department of Homeland Security (‘‘DHS’’) to determine inadmissibility on public charge grounds. In 2022, DHS published a new Final Rule (‘‘2022 DHS Final Rule’’). As such, the 2019 IFR no longer meets the policy aim of consistency with DHS standards. In declining to finalize the regulatory amendments made by the 2019 IFR, the Department will instead revert to regulatory text that was in place prior to the publication of the 2019 IFR and will continue to apply the guidance set out in the Foreign Affairs Manual (‘‘FAM’’). This regulatory text, together with the existing FAM guidance, more closely aligns with the current DHS standards, and the Department anticipates that it will subsequently initiate new noticeand-comment rulemaking in light of the 2022 DHS Final Rule. DATES: This final rule is effective October 5, 2023. |
October 2023
| Date | Title |
|---|---|
| October 23, 2023 | The U.S. Department of Homeland Security (DHS) proposes to amend its regulations governing H–1B specialty occupation workers to modernize and improve the efficiency of the H–1B program, add benefits and flexibilities, and improve integrity measures. Some of the proposed provisions would narrowly impact other nonimmigrant classifications, including: H–2, H–3, F–1, L–1, O, P, Q–1, R–1, E– 3, and TN. DHS intends to finalize the proposals contained in this rulemaking through one or more final rules, depending on agency resources. DATES: Written comments must be submitted on or before December 22, 2023. |
| October 5, 2023 | The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations, and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Starr County, Texas. DATES: This determination takes effect on October 5, 2023. |
November 2023
| Date | Title |
|---|---|
| November 22, 2023 | The Executive Office for Immigration Review (EOIR), Department of Justice (DOJ), will be submitting the following information collection (ICR) request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection was previously published in the Federal Register on September 7, 2023, allowing a 60-day comment period. DATES: Comments are encouraged and will be accepted for 30 days until December 22, 2023 |
| November 22, 2023 | On November 17, 2023, the Department of Homeland Security and Department of Labor jointly published a temporary rule titled ‘‘Exercise of Time-Limited Authority to Increase the Numerical Limitation for FY 2024 for the H–2B Temporary Nonagricultural Worker Program and Portability Flexibility for H–2B Workers Seeking To Change Employers.’’ The temporary rule contains errors that this document corrects. DATES: Effective November 20, 2023, and applicable beginning November 17, 2023. |
| November 17, 2023 | This notice announces the U.S. Department of Homeland Security’s (DHS) creation and implementation of a family reunification parole (FRP) process for Ecuadorians. Under this process, certain Ecuadorian principal beneficiaries of an approved Form I– 130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from Ecuador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and to reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on November 16, 2023 |
| November 17, 2023 | DHS, in consultation with DOL, is exercising time-limited Fiscal Year (FY) 2024 authority and increasing the total number of noncitizens who may receive an H–2B nonimmigrant visa by up to 64,716 for the entirety of FY 2024. These supplemental visas will be distributed in several allocations. 20,000 visas made available in this rule will be reserved for nationals of Guatemala, El Salvador, Honduras, Haiti, Colombia, Ecuador, or Costa Rica. All visas will be available only to businesses that are suffering or will suffer impending irreparable harm, as attested by the employer. In addition, DHS is again providing temporary portability flexibility. DATES: Effective dates: The amendments at instructions 1, 3, and 5 are effective November 17, 2023; at instructions 2 and 4 amending 8 CFR 214.2 and 274a.12, respectively, are effective from November 17, 2023, through November 17, 2026; at instruction 6, adding 20 CFR 655.64, is effective from November 17, 2023, through September 30, 2024; and at instruction 7, adding 20 CFR 655.65, is effective from November 17, 2023, through September 30, 2027. Petition dates: DHS will not accept any H–2B petitions under provisions related to the FY 2024 supplemental numerical allocations after September 16, 2024, and will not approve any such H–2B petitions after September 30, 2024. The provisions related to portability are only available to petitioners and H–2B nonimmigrant workers initiating employment through the end of January 24, 2025. Comments on the Information Collection: The Office of Foreign Labor Certification within the U.S. Department of Labor will accept comments in connection with the new information collection Form ETA–9142B–CAA–8 associated with this rule until January 16, 2024. The electronic Federal Docket Management System will accept comments prior to midnight eastern time at the end of that day. |
| This document corrects a technical error that appears in the USCIS notice titled ‘‘Extension and Redesignation of Venezuela for Temporary Protected Status’’ that published in the Federal Register on October 3, 2023. This document aligns and makes consistent the date through which Temporary Protected Status (TPS) will be granted to certain beneficiaries and the validity period of their related employment authorization document (EAD). This correction only affects individuals with an initial Venezuela TPS application (Form I–821) or initial Venezuela TPS-related EAD application (Form I–765) that was pending as of October 3, 2023. | |
| November 16, 2023 | This notice announces the U.S. Department of Homeland Security’s (DHS) creation and implementation of a family reunification parole (FRP) process for Ecuadorians. Under this process, certain Ecuadorian principal beneficiaries of an approved Form I– 130, Petition for Alien Relative, and their immediate family members, will be issued advance authorization to travel to the United States to seek a discretionary grant of parole into the United States for a period of up to three years, rather than remain outside the United States while awaiting availability of their immigrant visas. This process will allow family members to reunite in the United States while they wait for their immigrant visas to become available. This process is voluntary and intended to provide an additional lawful, safe, and orderly avenue for migration from Ecuador to the United States as an alternative to irregular migration to help relieve pressure at the Southwest Border (SWB) and to reunite families, consistent with U.S. national security interests and foreign policy priorities. The process complements other efforts to collaboratively manage migration in the Western Hemisphere and at the SWB as the U.S. Government (USG) continues to implement its broader, multi-pronged, regional strategy to address the challenges posed by irregular migration. DATES: DHS will begin using the Form I–134A, Online Request to be a Supporter and Declaration of Financial Support, for this process on November 16, 2023. |
December 2023
| Date | Title |
|---|---|
| December 28, 2023 | The Department of Homeland Security (DHS) is increasing premium processing fees charged by U.S. Citizenship and Immigration Services (USCIS) to reflect the amount of inflation from June 2021 through June 2023 according to the Consumer Price Index for All Urban Consumers. The adjustment increases premium processing fees from $1,500 to $1,685, $1,750 to $1,965, and $2,500 to $2,805. DATES: Effective date: This rule is effective on February 26, 2024. Compliance date: Requests for premium processing postmarked on or after February 26, 2024 must include the new fee. |
| December 14, 2023 | Suspension of Entry as Immigrants and Nonimmigrants of Persons Enabling Corruption |
| December 14, 2023 | Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) is extending the re-registration periods for the extensions of the Temporary Protected Status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan from 60 days to the full 18-month designation extension period of each country. Beneficiaries must re-register to receive TPS benefits under the most recent designation extensions for these countries. DATES: The re-registration period for individuals to submit TPS applications under the designation of: • El Salvador is July 12, 2023, through March 9, 2025; • Haiti is January 26, 2023, through August 3, 2024; • Honduras is November 6, 2023, through July 5, 2025; • Nepal is October 24, 2023, through June 24, 2025; • Nicaragua is November 6, 2023, through July 5, 2025; and • Sudan is August 21, 2023, through April 19, 2025. |
Updated January 9, 2024