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Visas: Special Immigrant Visas-U.S. Government Employee Special Immigrant Visas for Service Abroad
The Immigration and Nationality Act provides for the granting of special immigrant status for certain aliens who have been employed by, and performed faithful service for, the U.S. government abroad for at least fifteen years. This rule codifies in regulation the eligibility criteria for special immigrant status of such aliens and the...
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Eligibility of Students at Institutions of Higher Education for Funds Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act
The Department of Education (Department) issues this interim final rule so that institutions of higher education may appropriately determine which individuals attending their institution are eligible to receive emergency financial aid grants to students under the Coronavirus Aid, Relief, and Economic Security (CARES) Act (March 27, 2020).
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Civil Monetary Penalty Adjustments for Inflation
In this final rule, the Department of Homeland Security (DHS) is making the 2020 annual inflation adjustment to its civil monetary penalties. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties...
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Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications
This final rule removes a Department of Homeland Security (DHS) regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, (EAD application) to grant or deny that initial employment authorization...
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Removal of Regulations Relating to the Irish Peace Process Cultural Exchange and Training Program
In accordance with Executive Orders 13771 and 13777, which direct federal agencies to review and eliminate outdated and unnecessary regulations, the Department of State (``Department'') is removing regulations related to an obsolete visa program. The Irish Peace Process and Cultural Training Program was established in 1998 and created what is...
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Removal of Regulations Related to Immigrant Visas for Certain Expatriates
In accordance with Executive Orders 13771 and 13777, which direct federal agencies to review and eliminate outdated and unnecessary regulations, the Department of State (Department) is removing a regulation related to issuance of immigrant visas to women expatriates who lost citizenship as the result of marrying an alien prior to 1922.
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Asylum Application, Interview, and Employment Authorization for Applicants
On November 14, 2019, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) that would modify DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. This final rule implements the proposed rule, with some amendments...
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U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements
This final rule adjusts certain immigration and naturalization benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also removes certain fee exemptions, changes fee waiver requirements, alters premium processing time limits, and modifies intercountry adoption processing. USCIS conducted a comprehensive biennial...
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Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities
As a result of continued disruptions and uncertainty to the U.S. food agriculture sector during the summer and upcoming fall agricultural season caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department of Homeland Security, U.S. Citizenship and Immigration Services, has decided it is necessary to...
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Asylum Interview Interpreter Requirement Modification Due to COVID-19
This rule temporarily (for 180 days) amends existing Department of Homeland Security (DHS) regulations to provide that asylum applicants who cannot proceed with the interview in English are no longer required to provide interpreters at the asylum interview but rather must ordinarily proceed with DHS-provided telephonic interpreters.
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Office of the Chief Administrative Hearing Officer, Chief Administrative Law Judge
The Department of Justice (``Department'') is amending the regulations governing the Office of the Chief Administrative Hearing Officer to reflect the creation of the position of Chief Administrative Law Judge and make technical corrections.
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Strengthening the H-1B Nonimmigrant Visa Classification Program
The Department of Homeland Security (DHS or the Department), is amending certain DHS regulations governing the H-1B nonimmigrant visa program. Specifically, DHS is: Revising the regulatory definition of and standards for a ``specialty occupation'' to better align with the statutory definition of the term; adding definitions for ``worksite'' and...
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Procedures for Asylum and Bars to Asylum Eligibility
On December 19, 2019, the Department of Justice (``DOJ'') and the Department of Homeland Security (``DHS'') (collectively, ``the Departments'') published a notice of proposed rulemaking (``NPRM'') that would amend their respective regulations governing the bars to asylum eligibility. The Departments also proposed to clarify the effect of...
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Organization of the Executive Office for Immigration Review
On August 26, 2019, the Department of Justice (``Department'') published an interim final rule (``IFR'') amending the regulations related to the internal organization of the Executive Office for Immigration Review (``EOIR''). The amendments reflected changes related to the establishment of EOIR's Office of Policy (``OP'') in 2017, made related...
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Visas: Visa Bond Pilot Program
This temporary final rule provides for a U.S. Department of State (Department) visa bond pilot program (Pilot Program) with specified parameters. The purpose of the Pilot Program is to assess the operational feasibility of posting, processing, and discharging visa bonds, in coordination with the Department of Homeland Security (DHS), to help...
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Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review
On June 15, 2020, the Department of Homeland Security (``DHS'') and the Department of Justice (``DOJ'') (collectively ``the Departments'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would amend the regulations governing credible fear determinations. The proposed rule would make it so that individuals found to...
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Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure
On August 26, 2020, the Department of Justice (``Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would amend the regulations of the Executive Office for Immigration Review (``EOIR'') regarding the handling of appeals to the Board of Immigration Appeals (``BIA'' or ``Board''). The Department proposed...
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Procedures for Asylum and Withholding of Removal
On September 23, 2020, the Department of Justice (``DOJ'' or ``the Department'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that proposed to amend the regulations governing the adjudication of applications for asylum and withholding of removal before the Executive Office for Immigration Review (``EOIR''), including...
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Asylum Eligibility and Procedural Modifications
On July 16, 2019, the Department of Justice and the Department of Homeland Security (``DOJ,'' ``DHS,'' or, collectively, ``the Departments'') published an interim final rule (``IFR'') governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border between the United States and...
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Executive Office for Immigration Review; Fee Review
On February 28, 2020, the Department of Justice (``the Department'' or ``DOJ'') published a notice of proposed rulemaking (``NPRM'' or ``proposed rule'') that would increase the fees for those Executive Office for Immigration Review (``EOIR'') applications, appeals, and motions that are subject to an EOIR-determined fee, based on a fee review...