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Tracking Notable Executive Branch Action During the Trump Administration

1/4/23 AILA Doc. No. 20091615.
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This page tracks selected proposed and promulgated changes to immigration-related regulations and the current status of each change. The chart also includes selected other changes to immigration law published in the Federal Register, including agency notices and presidential proclamations. The chart tracks changes during the last two years of the Trump administration, from November 2018 to January 2021. To see immigration-related changes during the first 100 days of the Biden administration, please visit the following AILA Featured Issue page:

First 100 Days of the Biden Administration

For more information on recent changes to asylum policies, please visit the National Immigrant Justice Center.

For information on COVID-19-related executive action not included below, please visit AILA's COVID-19 Resource Center.

Please Note: Information found on this page does not constitute legal advice. Material found here is not a substitute for independent legal advice based on a thorough review and analysis of the facts of each individual case, or for independent research based on statutory and regulatory authorities; case law; policy guidance; and, for procedural issues, federal government websites.

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FR Citation and Agency Title and Effective Date Description Status Resources
86 FR 3608, 1/14/21
DOL > ETA		 Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (Effective date March 15, 2021; effective date delayed to 11/14/22) DOL final rule which adopts, with changes, the interim final rule published at 85 FR 63872 amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. Withdrawn
86 FR 1676, 1/8/21
DHS > USCIS		 Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H–1B Petitions (Effective date March 9, 2021; effective date delayed to 12/31/21) USCIS final rule creating a wage-based selection process for H-1B registrations. The regulatory text is the same as that in the Notice of Proposed Rulemaking published on 11/2/20. Withdrawn
86 FR 417, 1/6/21
Presidential Proclamation 10131 of December 31, 2020		 Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak President Trump issued Proclamation 10131 continuing Proclamations 10014 and 10052, which suspended the entry of certain immigrants and nonimmigrants into the United States in light of the COVID-19 pandemic. The proclamations have been continued until 3/31/21. PP 10014 Revoked; PP 10052 expired on March 31, 2021
86 FR 1, 1/4/21
DHS; DOL > ETA		 Discretionary Review by the Secretary of Labor (Effective February 3, 2021, unless significant adverse comment is submitted by January 19, 2021) DHS and DOL direct final rule to extend DOL’s recently established system of discretionary Secretary of Labor review to H-2B temporary labor certification cases pending before or decided by BALCA. Withdrawn
85 FR 84160, 12/23/20
DHS > USCIS; DOJ >EOIR		 Security Bars and Processing (Effective January 22, 2021, delayed until 12/31/22) DHS and DOJ issued a joint final rule based on a 7/9/20 notice of proposed rulemaking published at 85 FR 41201 clarifying that the danger to the security of the U.S. statutory bar to eligibility for asylum and withholding of removal may encompass emergency public health concerns. Effective date delayed until December 31, 2022
85 FR 82750, 12/18/20
DOJ >EOIR		 Executive Office for Immigration Review; Fee Review (Effective January 19, 2021) EOIR final rule increasing the filing fees for applications, appeals, and motions that are subject to an EOIR-determined fee. The final rule adopts the fee amounts proposed in the noticed of proposed rulemaking published on 2/28/20 at 85 FR 11866 without change. On January 18, 2021, a district court issued a nationwide stay of the effective date of this rule, and a preliminary injunction to enjoin most of its implementation.
85 FR 82291, 12/18/20
DHS > USCIS		 Temporary Changes to Requirements Affecting H–2A Nonimmigrants due to the COVID–19 National Emergency: Extension of Certain Flexibilities (Effective December 18, 2020, through December 18, 2023) USCIS temporary final rule which continues to allow H-2A employees whose extension of stay H-2A petitions are supported by valid temporary labor certifications issued by DOL to begin work with a new employer immediately after the extension of stay petition is received by USCIS. The rule is effective from 12/18/20 through 12/18/23, and applies to H-2A petitions requesting an extension of stay received on or after 12/18/20, but no later than 6/16/21. Effective December 18, 2020, through December 18, 2023
85 FR 82260, 12/17/20
DOJ > EOIR		 Asylum Eligibility and Procedural Modifications (Effective January 19, 2021) DHS and DOJ final rule which finalizes, with minor changes, the Interim Final Rule published at 84 FR 33829 on 7/16/19, which barred from asylum eligibility individuals who transit through a third country without seeking protection. On February 16, 2021, a district court barred the application of this rule.
85 FR 81698, 12/16/20
DOJ > EOIR		 Procedures for Asylum and Withholding of Removal (Effective January 15, 2021) EOIR final rule making changes to the regulations on asylum and withholding of removal. The final rule adopts the notice of proposed rulemaking published at 85 FR 59692 on 9/23/20 with few changes. Implementation halted by temporary restraining order and preliminary injunction
85 FR 81588, 12/16/20
DOJ > EOIR		 Appellate Procedures and Decisional Finality in Immigration Proceedings; Administrative Closure (Effective January 15, 2021) EOIR final rule amending the regulations on the processing of immigration appeals, as well as amending the regulations regarding administrative closure. The final rule adopts the notice of proposed rulemaking published at 85 FR 52491 on 8/26/20 with minor changes. Enjoined nationwide as of March 10, 2021
85 FR 80274, 12/11/20
DHS; DOJ > EOIR		 Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review (Effective January 11, 2021) DHS and DOJ final rule making multiple changes to the regulations governing the procedures for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The final rule adopts the notice of proposed rulemaking published at 85 FR 36264 on 6/15/20 with few substantive changes. As of January 8, 2021, DHS and DOJ have been preliminarily enjoined from implementing, enforcing, or applying this rule.
85 FR 78240, 12/4/20
DOJ > EOIR		 Executive Office for Immigration Review Electronic Case Access and Filing (Comments due January 4, 2021) EOIR notice of proposed rulemaking which would implement electronic filing and records applications for all cases before the immigration courts and the BIA. The proposed rule would also make changes to the regulations regarding law student filing and accompaniment procedures. Final rule published at 86 FR 70708 on 12/13/21 (effective date 2/11/22)
85 FR 75942, 11/27/20
DOJ > EOIR		 Motions to Reopen and Reconsider; Effect of Departure; Stay of Removal (Comments due December 28, 2020) Notice of proposed rulemaking that would amend EOIR regulations governing the filing and adjudication of motions to reopen and reconsider and add regulations governing requests for discretionary stays of removal. Proposed
85 FR 75925, 11/27/20
DOJ > EOIR		 Good Cause for a Continuance in Immigration Proceedings (Comments due December 28, 2020) EOIR notice of proposed rulemaking to define the term “good cause” in the context of continuances, adjournments, and postponements. Proposed
85 FR 74875, 11/24/20
DOS		 Visas: Visa Bond Pilot Program (Effective December 24, 2020, through June 24, 2021) DOS temporary final rule creating a six-month pilot program under which applicants for B-1/B-2 visas from countries with overstay rates of ten percent or higher and who have been approved by DHS for an inadmissibility waiver may be required to post a bond as a condition of visa issuance. Effective December 24, 2020, through June 24, 2021  
85 FR 74492, 11/20/20
DOS		 Intercountry Adoptions: Regulatory Changes to Accreditation and Approval Regulations in Intercountry Adoption (Comments due January 19, 2021) DOS notice of proposed rulemaking which would revise the regulations on accreditation and approval standards for intercountry adoption. Proposed  
85 FR 74162, 11/19/20
DHS > CBP		 Collection of Biometric Data From Aliens Upon Entry to and Departure From the United States (Comments due December 21, 2020) CBP notice of proposed rulemaking which would allow DHS to begin a comprehensive biometric entry-exit system by permitting collection of biometrics from non-citizens departing from airports, land ports, seaports, or any other authorized point of departure. The proposed rule would also provide for the use of facial recognition technology by providing that all non-citizens may be required to be photographed upon entry and/or departure. Proposed; comments are now due 3/12/21
85 FR 74196, 11/19/20
DHS		 Employment Authorization for Certain Classes of Aliens With Final Orders of Removal (Comments due December 21, 2020, with comments on associated form revisions due January 19, 2021) DHS notice of proposed rulemaking which would eliminate employment authorization eligibility for individuals who have final orders of removal but are temporarily released from custody on an order of supervision. Withdrawn
85 FR 70445, 11/5/20
DOL > ETA
DOS		 Adverse Effect Wage Rate Methodology for the Temporary Employment of H–2A Nonimmigrants in Non-Range Occupations in the United States (Effective December 21, 2020) DOL final rule revising the methodology for determining the Adverse Effect Wage Rate for H-2A workers in non-range agricultural occupations. As of December 23, 2020, DOL has been enjoined from implementing this rule.
85 FR 69465, 11/3/20
DOJ > EOIR		 Organization of the Executive Office for Immigration Review (Effective November 3, 2020) EOIR final rule which finalizes the interim rule published at 84 FR 44537 on 8/26/19, with additional amendments. In Effect
85 FR 66878, 10/21/20
DOS		 Visas: Temporary Visitors for Business or Pleasure (Comments due December 21, 2020) DOS notice of proposed rulemaking which would end the “B-1 in lieu of H” policy. Proposed
85 FR 67202, 10/21/20
DHS>USCIS; DOJ>EOIR		 Procedures for Asylum and Bars to Asylum Eligibility (Effective November 20, 2020) USCIS and EOIR final rule that adds seven additional mandatory bars to eligibility for asylum. The rule also sets forth criteria for determining whether a vacated, expunged, or modified conviction or sentence should be recognized for purposes of determining whether an individual is eligible for asylum, and removes the provision at 8 CFR §208.16(e) and §1208.16(e) regarding reconsideration of discretionary denials of asylum. As of 11/19/20, USCIS has been enjoined from implementing or enforcing the rule
85 FR 65806, 10/16/20
HHS > CDC		 Order Suspending the Right to Introduce Certain Persons from Countries Where a Quarantinable Communicable Disease Exists (Effective October 13, 2020) Notice of a CDC order suspending the introduction of certain persons traveling from Canada and Mexico through land ports of entry and Border Patrol stations until the CDC chief of staff determines that the danger of further introduction of COVID-19 into the United States has ceased to be a serious danger to the public health. This order is substantially the same as the amended and extended order that was issued on 3/20/20. The Title 42 policy was vacated by district court order on 11/15/22, but the vacatur was stayed by the Supreme Court on 12/27/22, so Title 42 is still currently in effect.
85 FR 63872, 10/8/20
DOL > ETA		 Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States (Effective October 8, 2020; comments due November 9, 2020) DOL interim final rule amending the regulations governing permanent labor certifications and Labor Condition Applications to incorporate changes to the computation of prevailing wage levels. Not in effect (rule set aside by district court)
85 FR 63918, 10/8/20
DHS > USCIS		 Strengthening the H–1B Nonimmigrant Visa Classification Program (Effective December 7, 2020; comments due December 7, 2020; comments on associated form revisions are due November 9, 2020) USCIS interim final rule which revises the definition of the term “specialty occupation,” among other changes to the H-1B regulations. Not in effect (rule set aside by district court); vacatur implemented by final rule published at 86 FR 27027 on 5/19/21
85 FR 62432, 10/2/20
DHS > USCIS		 Affidavit of Support on Behalf of Immigrants (Comments due November 2, 2020; Comments on associated form revisions due December 1, 2020) USCIS notice of proposed rulemaking to clarify how a sponsor demonstrates the means to maintain income as well as who is required to submit an affidavit from a joint sponsor. Withdrawn
85 FR 61640, 9/30/20
DOJ > EOIR		 Professional Conduct for Practitioners—Rules and Procedures, and Representation and Appearances (Comments due October 30, 2020) EOIR proposed rule to amend the regulations to provide that practitioners may assist pro se individuals with drafting, writing, or filing applications, petitions, briefs, and other documents in proceedings before EOIR, provided that the practitioner files Form EOIR-27 or EOIR-28. Proposed
85 FR 60526, 9/25/20
DHS > ICE		 Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media (Comments due October 26, 2020) ICE proposed rule to change the admission period of F, J, and I nonimmigrants from “duration of status” to an admission for a fixed time period. The proposed rule also establishes a procedure under which F, J, and I nonimmigrants can apply for an extension of stay. Withdrawn DHS Press Release: DHS Proposes to Change Admissions Period Structure for F, J and I Nonimmigrants – September 24, 2020
85 FR 56424, 9/11/20
HHS > CDC		 Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes
Effective October 13, 2020		 Centers for Disease Control and Prevention (CDC) rule finalizing the interim final rule published at 85 FR 16559, which provided a procedure for the CDC to suspend the introduction of persons into the United States from designated foreign countries or places for public health purposes. The Title 42 policy was vacated by district court order on 11/15/22, but the vacatur was stayed by the Supreme Court on 12/27/22, so Title 42 is still currently in effect.
85 FR 56338, 9/11/20
DHS > USCIS		 Collection and Use of Biometrics by U.S. Citizenship and Immigration Services
Comments on rule due 10/13/20; comments on associated proposed form revisions due 11/10/20		 DHS proposed rule on the use and collection of biometrics in the enforcement and administration of immigration laws. Withdrawn
85 FR 46788, 8/3/20
(DHS > USCIS)		 U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirement
(Effective October 2, 2020)		 Final rule which significantly alters the USCIS fee schedule by adjusting fees by a weighted average increase of 20 percent, adding new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. In addition to adjusting fees, the final rule removes certain fee exemptions, limits fee waivers, alters premium processing time limits, and modifies certain intercountry adoption processing. On 1/29/21, USCIS issued a notice stating that DHS will not be enforcing the regulatory changes set out in this rule.
85 FR 38532, 6/26/20
(DHS > USCIS)		 Asylum Application, Interview, and Employment Authorization for Applicants
(Effective August 25, 2020)		 USCIS final rule making multiple changes to the regulations governing asylum applications and eligibility for employment authorization based on a pending asylum application. The final rule implements the proposed rule published at 84 FR 62374 on November 14, 2019, with some amendments based on public comments received. Vacated by district court on 2/7/22
85 FR 38263, 6/25/20
Presidential Proclamation 10052		 Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak (Effective June 24, 2020; continued until 3/31/21 by PP 10131) Presidential Proclamation 10052 suspending and the limiting the entry of any individual seeking entry pursuant to (a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual; (b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and (c) an L visa, and any individual accompanying or following to join such individual. PP 10052 expired on March 31, 2021
(85 FR 37502, 6/22/20) DHS > USCIS Removal of 30-Day Processing Provision for Asylum Applicant-Related Form I–765 Employment Authorization Applications (Effective: August 21, 2020) USCIS final rule eliminating the regulation articulating a 30-day processing timeframe for USCIS to adjudicate initial Applications for Employment Authorization for asylum applicants. The rule also removes the requirement that pending asylum applicants file for Employment Authorization Document (EAD) renewal at least 90 days before the EAD's scheduled expiration. Vacated by district court on 2/7/22
(85 FR 36323, 6/16/20)
(DOS)		 Visas: Special Immigrant Visas—U.S. Government Employee Special Immigrant Visas for Service Abroad
(Effective December 16, 2020)		 DOS final rule codifying the eligibility criteria for special immigrant status for foreign nationals who have been employed by, and performed faithful service for, the U.S. government abroad for at least 15 years. Upon the effective date of the rule, certain criteria articulated in the Foreign Affairs Manual will no longer constitute “exceptional circumstances” for purposes of assessing special immigrant status qualification for such locally employed staff. Effective December 16, 2020
(85 FR 30608, 5/20/20)
(DOL)		 Rules Concerning Discretionary Review by the Secretary
(Effective June 19, 2020)		 DOL issued a final rule to finalize the NPRM published at 85 FR 13086 on 3/6/20 establishing a system of secretarial review of BALCA cases. The rule is identical to the direct final rule published at 85 FR 13024 on 3/6/20, with the exception of some technical corrections and the addition of a requirement for express publication of secretarial decisions issued after the review of cases decided by or pending before BALCA. In effect
85 FR 23441, 4/27/20
Presidential Proclamation 10014		 Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak
(Effective April 23, 2020; continued until 3/31/21 by PP 10131)		 Per the proclamation, the suspension and limitation on entry pursuant to section 1 of this proclamation applies to individuals who: are outside the United States on the effective date of this proclamation; do not have an immigrant visa that is valid on the effective date of this proclamation; and do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission. Revoked
85 FR 18105, 4/1/20
(DOJ > EOIR)		 Expanding the Size of the Board of Immigration Appeals
(Effective April 1, 2020)		 EOIR interim rule adding two additional Board member positions to the BIA, thereby expanding its size to 23. In effect
85 FR 13483, 3/9/20
(DOJ)		 DNA-Sample Collection From Immigration Detainees
(Effective April 8, 2020)		 DOJ final rule which gives the Attorney General plenary legal authority to direct DHS to collect DNA samples from immigration detainees. In effect
85 FR 6699, 2/5/20
(Presidential Proclamation)		 Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
(Effective January 31, 2020)		 President Trump issued a proclamation suspending or limiting entry into the United States of nationals of Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. Revoked on January 20, 2021
85 FR 4219, 1/24/20
(DOS)		 Visas: Temporary Visitors for Business or Pleasure
(Effective January 24, 2020)		 DOS final rule amending the B visa regulations to establish a rebuttable presumption that a B nonimmigrant visa applicant who a consular officer has reason to believe will give birth during her stay in the United States is traveling for the primary purpose of obtaining U.S. citizenship for the child. The rule requires consular officers to deny B nonimmigrant visas to applicants who do not overcome the presumption. In effect
84 FR 63994, 11/19/19
(DHS > USCIS; DOJ > EOIR)		 Implementing Bilateral and Multilateral Asylum Cooperative Agreements Under the Immigration and Nationality Act (Effective: November 19, 2019) Joint DHS and DOJ interim final rule to implement “Asylum Cooperative Agreements” that the U.S. enters into with other countries pursuant to INA §208(a)(2)(A), with the exception of Canada. The rule will apply only prospectively to migrants who arrive at a U.S. port of entry, or enter or attempt to enter the U.S. between ports of entry, on or after the effective date of the rule. Rule in effect (but note that Asylum Cooperative Agreements with El Salvador, Guatemala, and Honduras have been suspended)
84 FR 62431, 11/15/19
(DHS > USCIS; DOL) 		Modernizing Recruitment Requirements for the Temporary Employment of H-2B Foreign Workers in the United States (Effective December 16, 2019) Joint DHS and DOL final rule amending the regulations governing the recruitment of H-2B workers, including rescinding the requirement that an employer advertise its job opportunity in a print newspaper and expanding DOL’s electronic job registry. In effect
84 FR 60307, 11/8/19
(DHS > USCIS)		 Registration Fee Requirement for Petitioners Seeking to File H–1B Petitions on Behalf of Cap Subject Aliens
(Effective December 9, 2019)		 DHS final rule requiring petitioners seeking to file H–1B cap-subject petitions to pay a $10 fee for each registration they submit under the new H-1B registration system. In effect
84 FR 58303, 10/31/19
(DHS > USCIS)		 Adjustment to Premium Processing Fee
(Effective December 2, 2019)		 USCIS final rule increasing the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers, from $1,410 to $1,440. In effect
84 FR 55250, 10/16/19
(DHS > USCIS)		 Special Immigrant Juvenile Petitions (Comments due November 15, 2019) USCIS notice reopening the comment period on the proposed rule on Special Immigrant Juvenile petitions that was published at 76 FR 54978 on 9/6/11. Proposed; Final Rule received by OIRA for review on 10/13/20, but withdrawn on 1/26/21  
84 FR 54996, 10/11/19
(DOS) 		Visas: Ineligibility Based on Public Charge Grounds
(Effective February 24, 2020)		 DOS interim final rule to align DOS’s public charge standards with those of DHS. Implementation blocked by district court injunction
84 FR 53991, 10/9/19
(Presidential Proclamation)		 Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System, in Order To Protect the Availability of Healthcare Benefits for Americans On 10/4/19, President Trump issued a proclamation suspending the entry of immigrants who “will financially burden the U.S. healthcare system.” Immigrants must have approved health insurance coverage within 30 days of entry, or be able to pay for reasonably foreseeable medical costs. Revoked
84 FR 52355, 10/1/19
(Executive Order)		 Enhancing State and Local Involvement in Refugee Resettlement Presidential executive order issued 9/26/19 instructing the federal government to settle refugees only in those jurisdictions in which both the state and local governments have consented to receive refugees under the DOS Reception and Placement Program. Temporarily blocked by district court preliminary injunction.
84 FR 49439, 9/20/19
(DOL) 		Modernizing Recruitment Requirements for the Temporary Employment of H–2A Foreign Workers in the United States
(Effective October 21, 2019)		 DOL final rule amending the regulations governing the recruitment of H-2A workers, including rescinding the requirement that an employer advertise its job opportunity in a print newspaper and expanding DOL’s electronic job registry. In effect
84 FR 44537, 8/26/19
(DOJ > EOIR)		 Organization of the Executive Office for Immigration Review
(Effective August 26, 2019)		 DOJ interim final rule making organizational changes to EOIR, including delegating authority to adjudicate backlogged appeals from the Attorney General to the EOIR Director. In effect
84 FR 44392, 8/23/19
(DHS > ICE, CBP; HHS)		 Apprehension, Processing, Care, and Custody of Alien Minors and Unaccompanied Alien Children
(Original effective date: October 22, 2019)		 Joint DHS and Department of Health and Human Services (HHS) final rule amending the regulations relating to the apprehension, processing, care, custody, and release of noncitizen minors. The promulgation of this rule is intended to terminate the Flores Settlement Agreement. Implementation blocked by district court permanent injunction on 9/27/19; on 12/29/20, the 9th Circuit upheld the injunction as to some portions of the new regulations, but lifted the injunction against other portions
84 FR 41292, 8/14/19
(DHS > USCIS)		 Inadmissibility on Public Charge Grounds
(Effective: February 24, 2020)		 USCIS final rule amending the regulations relating to the public charge ground of inadmissibility. Not in effect as of March 9, 2021; vacatur implemented by final rule published at 86 FR 14221 on 3/15/21
84 FR 36168, 7/26/19
DOL > ETA		 Temporary Agricultural Employment of H–2A Nonimmigrants in the United States (Comments due September 24, 2019) DOL notice of proposed rulemaking proposing to substantially revise the H-2A regulations. Proposed changes include, among other things, requiring electronic filing and permitting the staggered entry of H-2A workers into the United States. Proposed; Final Rule submitted to Federal Register but will not take effect as it was withdrawn on 1/20/21
84 FR 35750, 7/24/19
(DHS > USCIS)		 EB–5 Immigrant Investor Program Modernization
(Effective November 21, 2019)		 USCIS final rule making several major revisions to the EB-5 regulations, including providing priority date retention to certain EB-5 investors and increasing the required minimum investment amounts. Vacated by district court on 6/22/21
84 FR 35409, 7/23/19
(DHS)		 Designating Aliens for Expedited Removal
(Effective July 23, 2019)

DHS notice expanding the categories of persons designated eligible for expedited removal.The categories of persons designated as eligible for expedited removal will now include:

  1. Noncitizens who did not arrive by sea, who are encountered anywhere in the United States more than 100 air miles from a U.S. international land border, and who have been continuously present in the United States for less than two years; and
  2. Noncitizens who did not arrive by sea, who are encountered within 100 air miles from a U.S. international land border, and who have been continuously present in the United States for at least 14 days but for less than two years.
 In effect
84 FR 33829, 7/16/19
(DHS > USCIS; DOJ > EOIR)		 Asylum Eligibility and Procedural Modifications
(Effective July 16, 2019)		 DHS and DOJ interim final rule establishing a mandatory bar to asylum eligibility for individuals who transit through a third country and then enter or attempt to enter the U.S. across the southern border without having applied for protection in at least one of the third countries through which they transited. Vacated by District Court on June 30, 2020
84 FR 31463, 7/2/19
(DOJ > EOIR)		 Board of Immigration Appeals: Affirmance Without Opinion, Referral for Panel Review, and Publication of Decisions as Precedents
(Effective September 3, 2019)		 EOIR final rule to amend the regulations regarding the administrative review procedures of the BIA. In effect
84 FR 25989, 6/5/19
(DOS)		 Visas: Diversity Immigrants
(Effective June 5, 2019)		 DOS interim final rule to amend the regulations to require a petitioner submitting an entry to the Diversity Visa Program to include the unique serial or issuance number associated with the petitioner's valid, unexpired passport, with certain specified exceptions. Vacated
84 FR 23930, 5/23/19
(DHS > ICE)		 Adjusting Program Fees for the Student and Exchange Visitor Program
(Effective June 24, 2019)		 DHS final rule adjusting fees for the Student and Exchange Visitor Program (SEVP). In effect
84 FR 888, 1/31/19
(DHS > USCIS)		 Registration Requirement for Petitioners Seeking To File H–1B Petitions on Behalf of Cap-Subject Aliens (Effective April 1, 2019) USCIS final rule adding a requirement that petitioners seeking to file cap-subject H-1B petitions, including those eligible for the advanced degree exemption, first electronically register with USCIS during a designated period. USCIS suspended the registration requirement for the FY2020 cap season in order to complete testing of the new registration system. The rule also reverses the order by which USCIS selects H-1B registrations (or petitions, for FY2020 or any other year in which the registration requirement is suspended) by first selecting registrations submitted on behalf of all beneficiaries, including those eligible for the advanced degree exemption. USCIS will then select from the remaining registrations a sufficient number projected as needed to reach the advanced degree exemption. This change to the order of the selection process will be implemented for the FY2020 cap season. In effect
83 FR 55934, 11/9/18
(DHS > USCIS; DOJ > EOIR)		 Aliens Subject to a Bar on Entry Under Certain Presidential Proclamations; Procedures for Protection Claims
(Effective November 9, 2018)		 Joint DHS/DOJ interim final rule with request for comment governing asylum claims for individuals who violate a suspension or limitation on entry into the U.S. imposed by a presidential proclamation or presidential order. Vacated

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