Immigration Rules Tracker

Withdrawal of Notices of Proposed Rulemaking

The Executive Office for Immigration Review ("EOIR") is withdrawing two of its Notices of Proposed Rulemaking ("NPRMs"): (1) Motions To Reopen and Reconsider; Effect of Departure; Stay of Removal, and (2) Good Cause for a Continuance in Immigration Proceedings, both published on November 27, 2020, and is providing this notice of withdrawal. EOIR is withdrawing these NPRMs because of ongoing assessments of agency needs, priorities, and objectives. EOIR will not take any furthe...

Clarification Regarding Bars to Eligibility During Credible Fear and Reasonable Fear Review

This interim final rule ("IFR") makes a technical amendment to Department of Justice ("Department") regulations to clarify that immigration judges' de novo review of asylum officers' credible fear and reasonable fear determinations shall, where relevant, include review of the asylum officer's application of any bars to asylum or withholding of removal under Department of Homeland Security ("DHS") regulations, as well as other clarifying technical changes related to credible f...

Who this affects: Asylum seekers and refugees

Application of Certain Mandatory Bars in Fear Screenings

The Department of Homeland Security (DHS or Department) is amending its regulations to allow asylum officers (AOs) to consider the potential applicability of certain bars to asylum and statutory withholding of removal during credible fear and reasonable fear screenings, including credible fear screenings where the Circumvention of Lawful Pathways or Securing the Border rules apply. The rule is intended to enhance operational flexibility and help DHS more swiftly remove certai...

Who this affects: Asylum seekers and refugees

Modernizing H-2 Program Requirements, Oversight, and Worker Protections

The Department of Homeland Security (DHS) is amending its regulations affecting temporary agricultural (H-2A) and temporary nonagricultural (H-2B) nonimmigrant workers (H-2 programs) and their employers. This rulemaking is intended to better ensure the integrity of the H-2 programs and enhance protections for workers.

Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers

The U.S. Department of Homeland Security (DHS) is issuing this final rule to modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures. These provisions mainly amend the regulations governing H-1B specialty occupation workers, although some of the provisions narrowly impact other nonimmigrant classifications, including: H-2, H-3, F-1, L-1, O, P, Q-1, R-1, E-3, and TN.

Who this affects: H-1B specialty workers · F-1 / J-1 students and OPT holders · L-1 intracompany transferees

Increase of the Automatic Extension Period of Employment Authorization and Documentation for Certain Employment Authorization Document Renewal Applicants

This final rule amends DHS regulations to permanently increase the automatic extension period for expiring employment authorization and/or Employment Authorization Documents (Forms I-766 or EADs) for certain renewal applicants who have timely filed Form I-765, Application for Employment Authorization, from up to 180 days to up to 540 days. After two temporary rules, DHS is finalizing the recent temporary rule and making the increase permanent to help prevent eligible renewal...

Who this affects: EAD / work-authorization holders

Termination of Arrival Restrictions Applicable to Flights Carrying Persons Who Have Recently Traveled From or Were Otherwise Present Within Rwanda

This document announces the decision of the Secretary of Homeland Security to terminate arrival restrictions applicable to flights to the United States carrying persons who have recently traveled from, or were otherwise present within, Rwanda. These restrictions directed such flights to arrive at one of the U.S. airports where the U.S. government had focused public health resources to implement enhanced public health measures.

Employer-Provided Survey Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program

The Department of Labor (Department or DOL) proposes to amend its regulations for employer-provided wage surveys for the H-2B temporary labor certification program. The regulations were published in the Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program final rule (2015 Wage Rule). This notice of proposed rulemaking (NPRM or proposed rule) proposes to amend those regulations consistent with recent Federal litigation by clarifying existing requirements...