8 CFR - Aliens and Nationality
Title 8 published on 06-Sep-2018 04:12
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to Title 8 after this date.
* Only displaying the most recent 50 entries for Title 8. Please, view a Part for the full list of changes within that Part.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-19052 RIN 1653-AA75 DHS Docket No. ICEB-2018-0002 DEPARTMENT OF HEALTH AND HUMAN SERVICES, DEPARTMENT OF HOMELAND SECURITY, U.S. Immigration and Customs Enforcement (ICE), Administration for Children and Families (ACF), DHS; U.S. Customs and Border Protection (CBP), DHS; Office of Refugee Resettlement (ORR) Notice of proposed rulemaking. Written comments and related material must be submitted on or before November 6, 2018. 8 CFR Parts 212 and 236 The U.S. Department of Homeland Security (DHS) and the Department of Health and Human Services (HHS) (“the Departments”) propose to amend regulations relating to the apprehension, processing, care, custody, and release of alien juveniles. In 1985, plaintiffs in a class action lawsuit, Flores v. Reno, challenged the policies of the legacy Immigration and Naturalization Service (INS) relating to the detention, processing, and release of alien juveniles. The parties reached a settlement agreement, referred to as the Flores Settlement Agreement (FSA). The FSA, as modified in 2001, provides that it will terminate forty-five days after publication of final regulations implementing the agreement. The rule would adopt in regulations provisions that parallel the relevant and substantive terms of the FSA, consistent with the HSA and TVPRA, with some modifications discussed further below to reflect intervening statutory and operational changes while still providing similar substantive protections and standards. It therefore would terminate the FSA. The rule would satisfy the basic purpose of the FSA in ensuring that all juveniles in the government's custody are treated with dignity, respect, and special concern for their particular vulnerability as minors, while doing so in a manner that is workable in light of subsequent changes. The rule would also implement closely related provisions of the HSA and TVPRA. Most prominently, the rule would create an alternative to the existing licensed program requirement for family residential centers, so that ICE may use appropriate facilities to detain family units together during their immigration proceedings, consistent with applicable law.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-19108 RIN 1615-ZB73 CIS No. 2620-18 DHS Docket No. USCIS-2018-0003 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Final rule. This rule is effective on October 1, 2018. Applications postmarked on or after that date must include the new fee. 8 CFR Part 103 The Department of Homeland Security (DHS) is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS). DHS is increasing the fee by 14.92 percent, the percentage change in inflation since the fee was last adjusted in 2010 according to the Consumer Price Index for All Urban Consumers (CPI-U). The adjustment increases the fee from $1,225 to $1,410.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-15140 RIN 1653-AA74 DHS No. ICEB-2017-0003 DEPARTMENT OF HOMELAND SECURITY, U.S. Immigration and Customs Enforcement Notice of proposed rulemaking. Send comments by September 17, 2018. 8 CFR Parts 103 and 214 The Department of Homeland Security (DHS) proposes to adjust fees charged by the Student and Exchange Visitor Program (SEVP) to individuals and organizations. DHS proposes to raise the fee for Student and Exchange Visitor Information System (SEVIS) Form I-901, Fee Remittance for Certain F, J, and M Nonimmigrants, for nonimmigrants seeking to become academic (F visa) or vocational (M visa) students from $200 to $350. For most categories of individuals seeking to become exchange (J visa) visitors, DHS proposes to increase the fee from $180 to $220. For those seeking admission as J exchange visitors in the au pair, camp counselor, and summer work or travel program participant categories, DHS proposes to maintain the fee at $35. In addition to raising the student and exchange visitor fees, DHS proposes to increase the fee for submitting a school certification petition from $1,700 to $3,000. DHS proposes to maintain the fee for an initial school site visit at the current level of $655, but clarify that, with the effective date of the rule, DHS would exercise its current regulatory authority to charge the site visit fee not only when a certified school changes its physical location, but also when it adds a new physical location or campus. DHS proposes to establish and clarify two new fees: a $1,250 fee to submit a school recertification petition and a $675 fee to submit an appeal or motion following a denial or withdrawal of a school petition. Adjusting fees would ensure fee levels are sufficient to recover the full cost of activities of the program and would establish a fairer balance of the recovery of SEVP operational costs between beneficiary classes.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-14534 RIN 1651-AB09 Docket No. USCBP-2016-0003 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection Final rule. This rule is effective on August 6, 2018. 8 CFR Part 212 This finalizes interim amendments to the Department of Homeland Security's (DHS) regulations, published in the Federal Register on February 8, 2016, that eliminated the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H-2A agricultural workers and the spouses or children who accompany or follow these workers to the United States. As a result of the interim final rule, these nonimmigrants are required to have both a valid passport and visa. The Department of State (DOS) revised its regulations in a parallel interim final rule and is issuing a parallel final rule to adopt all interim changes as final.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-11940 RIN 1653-AA67 DHS Docket No. ICEB-2017-0001 DEPARTMENT OF HOMELAND SECURITY, U.S. Immigration and Customs Enforcement Notice of proposed rulemaking (NPRM). Comments must be submitted electronically or postmarked no later than August 6, 2018. 8 CFR Part 103 The U.S. Department of Homeland Security (DHS) proposes two changes that would apply to surety companies certified by the Department of the Treasury (Treasury) to underwrite bonds on behalf of the Federal Government. First, the proposed rule would require Treasury-certified sureties seeking to overturn a surety immigration bond breach determination to exhaust administrative remedies by filing an administrative appeal raising all legal and factual defenses. This requirement to exhaust administrative remedies and present all issues to the administrative tribunal would allow Federal district courts to review a written decision addressing all of the surety's defenses, thereby streamlining litigation over the breach determination's validity. Second, this proposed rule would set forth “for cause” standards and due process protections so that U.S. Immigration and Customs Enforcement (ICE), a component of DHS, may decline bonds from companies that do not cure their deficient performance. Treasury administers the Federal corporate surety program and, in its current regulations, allows agencies to prescribe in their regulations for cause standards and procedures for declining to accept bonds from a Treasury-certified surety company. DHS proposes the for cause standards contained in this rule because certain surety companies have failed to pay amounts due on administratively final bond breach determinations or have had in the past unacceptably high breach rates.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-11732 RIN 1615-AC21 DOL Docket No. 2017-0003 CIS No. 2621-18 DHS Docket No. USCIS-2018-0004 DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration Temporary rule. This final rule is effective from May 31, 2018 through September 30, 2018, except for 20 CFR 655.66, which is effective from May 31, 2018 through September 30, 2021. 8 CFR Part 214 The Secretary of Homeland Security, in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of Fiscal Year (FY) 2018. This increase is based on a time-limited statutory authority and does not affect the H-2B program in future fiscal years. The Departments are promulgating regulations to implement this determination.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-11348 RIN 1615-AC04 CIS No. 2572-15 DHS Docket No. USCIS-2015-0006 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Proposed rule. Written comments must be received on or before June 28, 2018. 8 CFR Parts 103, 212, and 274a The Department of Homeland Security (“DHS” or “Department”) is proposing to remove its regulations pertaining to the international entreprepreneur program, which guided the adjudication of significant public benefit parole requests made by certain foreign entrepreneurs of start-up entities in the United States. After review of all DHS parole programs in accordance with an Executive Order (E.O.) titled, Border Security and Immigration Enforcement Improvements, issued on January 25, 2017, the DHS is proposing to end the IE parole program, and remove or revise the related regulations, because this program is not the appropriate vehicle for attracting and retaining international entrepreneurs and does not adequately protect U.S. investors and U.S. workers employed by or seeking employment with the start-up.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-06486 RIN 1601-AA80 DEPARTMENT OF HOMELAND SECURITY, Coast Guard, Transportation Security Administration Final rule. This rule is effective on April 2, 2018. 6 CFR Part 27 In this final rule, the Department of Homeland Security's (DHS) is making the 2018 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 annually and publish the adjustment in the Federal Register . Accordingly, this final rule adjusts DHS's civil monetary penalties for 2018 pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after April 2, 2018 whose associated violations occurred after November 2, 2015.
GPO FDSys XML | Text type regulations.gov FR Doc. 2018-03980 RIN 1125-AA79 Docket No. EOIR 183 A.G. Order No. 4119-2018 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule. This rule is effective February 27, 2018. 8 CFR Part 1003 This final rule amends the Executive Office for Immigration Review (EOIR) regulations relating to the organization of the Board of Immigration Appeals (Board) by adding four additional Board member positions, thereby expanding the Board to 21 members.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-26104 RIN 1125-AA25 EOIR Docket No. 180 AG Order No. 4034-2017 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule. This rule is effective January 4, 2018. 8 CFR Part 1240 The Department of Justice is amending the Executive Office for Immigration Review (“EOIR”) regulations governing the annual limitation on cancellation of removal and suspension of deportation decisions. The amendment eliminates certain procedures created in 1998 that were used to convert 8,000 conditional grants of suspension of deportation and cancellation of removal to outright grants before the end of fiscal year 1998. In addition, it authorizes immigration judges and the Board of Immigration Appeals (“Board”) to issue final decisions denying applications, without restriction, regardless of whether the annual limitation has been reached.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-25306 RIN 1615-ZB43 DHS Docket No. USCIS-2012-0010 CIS No. 2606-17 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Notification of numerical limitations. Effective November 22, 2017. 8 CFR Part 214 The Secretary of Homeland Security announces the annual fiscal year numerical limitations for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) nonimmigrant classification for the remainder of the transition period, which is scheduled to end on December 31, 2019. This document announces the mandated annual reduction of the CW-1 numerical limitation (also known as the CW-1 cap) and ensures that CNMI employers and employees have sufficient information regarding the maximum number of CW-1 transitional workers who may be granted status during the remainder of the transition period, which includes Fiscal Years (FYs) 2018-2019 and the first 3 months of FY 2020. For FY 2018, the cap is set at 9,998. For FY 2019, the cap is set at 4,999. For FY 2020, the cap is set at 2,499 and will be in effect until the end of the transition period on December 31, 2019.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-18749 RIN 1651-AA97 USCBP-2016-0006 CBP Decision No. 17-10 DEPARTMENT OF HOMELAND SECURITY, U.S. Customs and Border Protection, DHS Final rule. This rule is effective October 5, 2017. 8 CFR Part 212 This rule adopts as final proposed amendments to the Department of Homeland Security's (DHS) regulations describing the procedures for issuance of a discretionary waiver, on the basis of unforeseen emergency in individual cases, of certain documentary requirements for individuals seeking admission to the United States as a nonimmigrant. The Department of State (DOS) is issuing a parallel final rule amending a similar DOS regulation published in today's edition of the Federal Register . DHS and DOS have acted jointly in this matter.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-15208 RIN 1615-AC12 CIS No. 2605-17 DHS Docket No. USCIS-2017-0004 DOL Docket No. 2017-0003 DEPARTMENT OF LABOR, DEPARTMENT OF HOMELAND SECURITY, Employment and Training Administration Wage and Hour Division Temporary rule. This final rule is effective from July 19, 2017 through September 30, 2017, except for the addition of 20 CFR 655.65, which is effective from July 19, 2017 through September 30, 2020. 8 CFR Part 214 The Secretary of Homeland Security (“Secretary”), in consultation with the Secretary of Labor, has decided to increase the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of Fiscal Year (FY) 2017. This is a one-time increase based on a time-limited statutory authority and does not affect the H-2B program in future fiscal years. The Departments are promulgating regulations to implement this determination.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-14619 RIN 1615-AC04 CIS No. 2572-15 DHS Docket No. USCIS-2015-0006 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Final rule with request for comment; delay of effective date. The effective date of the regulation entitled International Entrepreneur Rule, published in the Federal Register on January 17, 2017, 82 FR 5238, is delayed from July 17, 2017 to March 14, 2018, except for amendatory instruction 6.a revising 8 CFR 274a.2(b)(1)(v)(C)( 2 ), which will go into effect on July 17, 2017. Written comments must be received on or before August 10, 2017. 8 CFR Parts 103, 212 and 274a The Department of Homeland Security (DHS) is temporarily delaying the effective date of the International Entrepreneur Final Rule (82 FR 5238). This delay will provide DHS with an opportunity to obtain comments from the public regarding a proposal to rescind the rule pursuant to Executive Order (E.O.) 13767, “Border Security and Immigration Enforcement Improvements.”
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00605 RIN 1601-AA80 Docket No. DHS-2016-0034 DEPARTMENT OF HOMELAND SECURITY, Coast Guard, Transportation Security Administration Final rule. This rule is effective on January 27, 2017. 6 CFR Part 27 This Final Rule finalizes the Department of Homeland Security's (DHS) Interim Final Rule that adjusted DHS civil monetary penalties for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) was signed into law on November 2, 2015. Using the formula in the 2015 Act and guidance from the Office of Management and Budget (OMB), DHS calculated adjusted penalties. On July 1, 2016, DHS published an Interim Final Rule setting forth the adjusted civil penalty amounts, effective for civil penalties assessed after August 1, 2016 whose associated violations occurred after November 2, 2015. Pursuant to the 2015 Act, all agencies must adjust civil monetary penalties annually and publish the adjustment in the Federal Register . Accordingly, this Final Rule adjusts DHS's civil monetary penalties pursuant to the 2015 Act and OMB guidance. The new penalties will be effective for penalties assessed after January 27, 2017 whose associated violations occurred after November 2, 2015. DHS also announces that it will make its required annual adjustment of civil monetary penalties in future years by publication of a Final Rule notwithstanding the notice and comment provisions of the Administrative Procedure Act.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00915 RIN 1601-AA81 DHS Docket No. DHS-2017-0003 DEPARTMENT OF HOMELAND SECURITY, Office of the Secretary Final rule; request for comments. This final rule is effective January 13, 2017. Interested persons are invited to submit written comments on this final rule on or before March 20, 2017. 8 CFR Part 235 This final rule revises Department of Homeland Security (DHS) regulations to eliminate the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the United States at a port of entry by aircraft. As a result of these changes, Cuban nationals who arrive in the United States at a port of entry by aircraft will be subject to expedited removal proceedings commensurate with nationals of other countries.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00902 RIN 1125-AA80 AG Order No. 3817-2017 EOIR Docket No. 401 DEPARTMENT OF JUSTICE, Executive Office for Immigration Review Final rule; request for comments. This final rule is effective January 13, 2017. Interested persons are invited to submit written comments on this final rule on or before March 20, 2017. Comments received by mail will be considered timely if they are postmarked on or before that date. The electronic Federal Docket Management System (FDMS) will accept comments until midnight Eastern Time at the end of that day. 8 CFR Part 1235 This final rule revises Executive Office for Immigration Review (EOIR) regulations to eliminate the categorical exception from expedited removal proceedings for Cuban nationals who arrive in the United States at a port of entry by aircraft. This final rule conforms with a parallel Department of Homeland Security (DHS) regulation. As a result of these changes, Cuban nationals who arrive in the United States at a port of entry by aircraft will be subject to expedited removal proceedings commensurate with nationals of other countries.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00481 RIN 1615-AC04 CIS No. 2572-15 DHS Docket No. USCIS-2015-0006 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Final rule. This final rule is effective July 17, 2017. 8 CFR Parts 103, 212, and 274a This final rule amends Department of Homeland Security (DHS) regulations to implement the Secretary of Homeland Security's discretionary parole authority in order to increase and enhance entrepreneurship, innovation, and job creation in the United States. The final rule adds new regulatory provisions guiding the use of parole on a case-by-case basis with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid business growth and job creation that they would provide a significant public benefit to the United States. Such potential would be indicated by, among other things, the receipt of significant capital investment from U.S. investors with established records of successful investments, or obtaining significant awards or grants from certain Federal, State or local government entities. If granted, parole would provide a temporary initial stay of up to 30 months (which may be extended by up to an additional 30 months) to facilitate the applicant's ability to oversee and grow his or her start-up entity in the United States.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00447 RIN 1615-AC07 CIS No. 2555-14 DHS Docket No. USCIS-2016-0006 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Notice of proposed rulemaking. Written comments must be received on or before April 11, 2017. 8 CFR Parts 204 and 216 The Department of Homeland Security (DHS) proposes to amend its regulations governing the employment-based, fifth preference (EB-5) immigrant investor classification and associated regional centers to reflect statutory changes and modernize the EB-5 program. In general, under the EB-5 program, individuals are eligible to apply for lawful permanent residence in the United States if they make the necessary investment in a commercial enterprise in the United States and create or, in certain circumstances, preserve 10 permanent full-time jobs for qualified U.S. workers. This proposed rule would change the EB-5 program regulations to reflect statutory changes and codify existing policies. It would also change certain aspects of the EB-5 program in need of reform.
GPO FDSys XML | Text type regulations.gov FR Doc. 2017-00441 RIN 1615-AC11 CIS No. 2595-16 DHS Docket No. USCIS-2016-0008 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services, DHS Advance notice of proposed rulemaking. Written comments must be received on or before April 11, 2017. 8 CFR Parts 204 and 216 The Department of Homeland Security (DHS) is considering making regulatory changes to the EB-5 Immigrant Investor Regional Center Program. Based on decades of experience operating the program, DHS has determined that program changes are needed to better reflect business realities for regional centers and EB-5 immigrant investors, to increase predictability and transparency in the adjudication process for stakeholders, to improve operational efficiency for the agency, and to enhance program integrity. This Advance Notice of Proposed Rulemaking (ANPRM) is organized to include requests for comment immediately following discussions of the relevant issues.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-30885 RIN DEPARTMENT OF HOMELAND SECURITY Final rule. This rule is effective December 23, 2016. 8 CFR Parts 214 and 264 The Department of Homeland Security (DHS) is removing outdated regulations relating to an obsolete special registration program for certain nonimmigrants. DHS ceased use of the National Security Entry-Exit Registration System (NSEERS) program in 2011 after finding that the program was redundant, captured data manually that was already captured through automated systems, and no longer provided an increase in security in light of DHS's evolving assessment of the threat posed to the United States by international terrorism. The regulatory structure pertaining to NSEERS no longer provides a discernable public benefit as the program has been rendered obsolete. Accordingly, DHS is removing the special registration program regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-30459 RIN 1651-AA96 Docket No. USCBP-2013-0011 CBP Dec. No. 16-27 DEPARTMENT OF HOMELAND SECURITY, 8 CFR PARTS 1, 210, 212, 214, 215, 231, 235, 245, 245a, 247, 253, 264, 274a, and 286 Final rule. This final rule is effective January 18, 2017. This final rule adopts, without change, interim amendments to the Department of Homeland Security (DHS) regulations which were published in the Federal Register on March 27, 2013, as CBP Dec. No. 13-06. These amendments enabled DHS to transition the issuance of the Form I-94 (Arrival/Departure Record) to an automated process. In the automated process, DHS creates a Form I-94 in an electronic format based on passenger, passport and visa information DHS obtains electronically from air and sea carriers and the Department of State (DOS) as well as through the inspection process. This document addresses the comments received in response to the interim rule and discusses some operational modifications to the Form I-94 process that were implemented after publication of the interim rule.
GPO FDSys XML | Text type regulations.gov FR Doc. 2016-29900 RIN 1615-AA59 CIS No. 2507-11 DHS Docket No. USCIS-2011-0010 DEPARTMENT OF HOMELAND SECURITY, U.S. Citizenship and Immigration Services Interim rule with request for comments. Effective date. This rule is effective January 18, 2017. Comment date. Written comments must be submitted on or before February 17, 2017. Comments on the form, form instructions, and information collection revisions in this interim rule must be submitted on or before January 18, 2017. 8 CFR Parts 212, 214, 245, and 274a The Department of Homeland Security (DHS) is amending its regulations governing the requirements and procedures for victims of human trafficking seeking T nonimmigrant status. The Secretary of Homeland Security (Secretary) may grant T nonimmigrant status (commonly known as a “T visa”) to aliens who are or were victims of severe forms of trafficking in persons, who are physically present in the United States on account of such trafficking, who have complied (unless under 18 years of age or unable to cooperate due to trauma) with any reasonable request by a Federal, State, or local law enforcement agency (LEA) for assistance in an investigation or prosecution of acts of trafficking in persons or the investigation of other crimes involving trafficking, and who would suffer extreme hardship involving unusual and severe harm if removed from the United States. In this interim rule, DHS is amending its regulations to conform with legislation enacted after the initial rule was published in 2002: the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA 2003), the Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005), the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA 2008), and Titles VIII and XII of the Violence Against Women Reauthorization Act of 2013 (VAWA 2013). DHS is also streamlining procedures, responding to public comments on the 2002 interim final rule, and providing guidance for the statutory requirements for T nonimmigrants. The intent is to make sure the T nonimmigrant status regulations are up to date and reflect USCIS adjudicative experience, as well as the input provided by stakeholders.