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Visas: Eligibility for Diplomatic and Official Visas
This rule is promulgated for two reasons: To revise the definition of ``equivalent of a diplomatic passport'' to include non- national passports issued by a competent authority other than a foreign government and as designated by the Secretary of State; and to clarify the categories of nonimmigrants who may be eligible for a ``diplomatic type''...
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Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions
The Department of Homeland Security (DHS or the Department) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement is suspended), by generally first...
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Security Bars and Processing
On July 9, 2020, DHS and DOJ (collectively, ``the Departments'') published a notice of proposed rulemaking (``NPRM'') clarifying that the danger to the security of the United States statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. This final rule responds to comments received in...
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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...
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Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities
As a result of continued disruptions and uncertainty to the U.S. food agriculture sector during the upcoming winter and spring agricultural seasons caused by the global novel Coronavirus Disease 2019 (COVID-19) public health emergency, the Department of Homeland Security, (``DHS'' or ``the Department''), U.S. Citizenship and Immigration...
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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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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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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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Executive Office for Immigration Review Electronic Case Access and Filing
The Executive Office for Immigration Review (``EOIR'') is proposing to implement electronic filing and records applications for all cases before the immigration courts and the Board of Immigration Appeals (``BIA''). The proposed rule would update the relevant regulations necessary to implement these electronic filing and records applications,...
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Good Cause for a Continuance in Immigration Proceedings
The Department of Justice (``Department'' or ``DOJ'') is proposing to define ``good cause,'' in the context of continuances, adjournments, and postponements, in its immigration regulations.
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Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal
The Department of Justice (``Department'') proposes to amend Executive Office for Immigration Review (``EOIR'') regulations governing the filing and adjudication of motions to reopen and reconsider and to add regulations governing requests for discretionary stays of removal.
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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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Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States
The Department of Homeland Security (DHS) is required by statute to develop and implement an integrated, automated entry and exit data system to match records, including biographic data and biometrics, of aliens entering and departing the United States. Although the current regulations provide that DHS may require certain aliens to provide...
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Employment Authorization for Certain Classes of Aliens With Final Orders of Removal
The U.S. Department of Homeland Security (DHS) is proposing to eliminate employment authorization eligibility for aliens who have final orders of removal but are temporarily released from custody on an order of supervision with one narrow exception. DHS proposes to continue to allow employment authorization for aliens for whom DHS has determined...
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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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Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions
The Department of Homeland Security (DHS or the Department) proposes to amend its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for filing of H-1B cap-subject petitions (or H-1B petitions for any year in which the registration requirement will be suspended), by generally...
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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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Visas: Temporary Visitors for Business or Pleasure
The Department of State (``Department'') proposes to amend its regulation governing nonimmigrant visas for temporary visitors for business, the B-1 nonimmigrant visa classification, by removing two sentences defining the term ``business'' that are outdated due to changes in the INA since 1952, from when the two sentences originate. With removal...
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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...