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
| Published date | 06 July 2021 |
| Citation | 86 FR 35410 |
| Record Number | 2021-13929 |
| Section | Proposed rules |
| Court | U.s. Immigration And Customs Enforcement |
35410
Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Proposed Rules
1
Comments may be viewed at the Federal Docket
Management System (FDMS) at http://
www.regulations.gov, docket number USCIS–2019–
0006.
DEPARTMENT OF HOMELAND
SECURITY
U.S. Immigration and Customs
Enforcement
8 CFR Parts 214, 248 and 274a.12
[DHS Docket No. ICEB–2019–0006]
RIN 1653–AA78
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
AGENCY
: U.S. Immigration and Customs
Enforcement, DHS.
ACTION
: Notice of proposed rulemaking;
withdrawal.
SUMMARY
: The U.S. Department of
Homeland Security (DHS) is
withdrawing a notice of proposed
rulemaking (NPRM) that published on
September 25, 2020. The NPRM
proposed to revise DHS regulations
governing the length of stay for F, J, and
certain I nonimmigrants.
DATES
: DHS withdraws the NPRM at 85
FR 60526 as of July 6, 2021.
ADDRESSES
: The docket for this
withdrawn proposed rule is available at
http://www.regulations.gov. Please
search for docket number ICEB–2019–
0006.
FOR FURTHER INFORMATION CONTACT
:
Sharon Hageman, Regulations Unit
Chief, Office of Policy and Planning,
U.S. Immigration and Customs
Enforcement, Department of Homeland
Security, 500 12th Street SW,
Washington, DC 20536. Telephone 202–
732–6960 (not a toll-free number).
SUPPLEMENTARY INFORMATION
: On
September 25, 2020, DHS published an
NPRM titled, ‘‘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’’ (85 FR
60526). The NPRM proposed to
eliminate the duration of status
admission period for F, J and certain I
nonimmigrants and replace it with a
fixed time period. Nonimmigrants
seeking to remain in the United States
beyond their fixed period of admission
would have been required to apply for
an extension of stay directly with U.S.
Citizenship and Immigration Services or
to depart the country and apply for
admission with U.S. Customs and
Border Protection at a port of entry.
In response to the NPRM, DHS
received more than 32,000 comments
during the 30-day public comment
period. More than 99 percent of
commenters opposed the proposed rule
with many commenters specifically
requesting that DHS withdraw the
NPRM.
1
Less than 1 percent expressed
support for the proposed rule with such
commenters generally supporting the
proposed rule because they believed it
would deter illegal immigration, protect
U.S. workers, and stop espionage. The
commenters who opposed the NPRM
argued that it discriminates against
certain groups of people based on their
nationality. They also argued that it
would significantly burden the foreign
students, exchange scholars, foreign
media representatives, and U.S.
employers by requiring extension of
stays in order to continue with their
programs of study or work. Commenters
additionally noted the proposed rule
would impose exorbitant costs and
burdens on foreign students, scholars,
and media representatives due to the
direct cost of the extension of stay
application fee, as well as the lost
opportunity cost of not being able to
begin their work on time if the
extension were not adjudicated by the
government in a timely fashion.
Commenters argued U.S. employers
would be similarly burdened by the
proposed changes because many
noncitizens may not be able to apply for
an extension of stay or have it approved
in a timely fashion, thereby delaying the
possible start dates of employees and/or
cause them to lose potential job
candidates. Finally, commenters
suggested that the breadth of the
changes in the proposed rule are more
than what is necessary to protect the
integrity of nonimmigrant programs.
On February 2, 2021, President Biden
issued Executive Order 14012,
‘‘Restoring Faith in Our Legal
Immigration Systems and Strengthening
Integration and Inclusion Efforts for
New Americans.’’ Section 3(a)(i),
instructs the Secretary of Homeland
Security to identify barriers that impede
access to immigration benefits. 86 FR
8277, (Feb. 5, 2021). (‘‘E.O. 14012’’).
Having reviewed the public comments
received in response to the NPRM in
light of Executive Order 14012, DHS
believes some of the comments may be
justified and is concerned that the
changes proposed unnecessarily impede
access to immigration benefits. DHS still
supports the goals of the NPRM to
protect the integrity of programs that
admit nonimmigrants in the F, J, and I
classifications but not in a way that
conflicts with Executive Order 14012.
Accordingly, we are withdrawing the
NPRM and will analyze the entirety of
the NPRM in the context of the directive
in E.O. 14012 to determine what
changes may be appropriate and
consistent with DHS’s needs, policies,
and applicable law. As such, DHS may
engage in a future rulemaking to protect
the integrity of programs that admit
nonimmigrants in the F, J, and I
classifications in a manner consistent
with Executive Order 14012.
Authority: As stated in the NPRM, DHS
has general and specific statutory authority to
regulate the admission of nonimmigrants. 8
U.S.C. 1103, 1184(a); 85 FR 60526. DHS is
withdrawing the NPRM using those same
authorities.
Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland
Security.
[FR Doc. 2021–13929 Filed 7–2–21; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0539; Project
Identifier 2018–SW–048–AD]
RIN 2120–AA64
Airworthiness Directives; Bell Textron
Canada Limited Helicopters
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice of proposed rulemaking
(NPRM).
SUMMARY
: The FAA proposes to adopt a
new airworthiness directive (AD) for
Bell Textron Canada Limited (Bell)
Model 206, 206A, 206A–1 (OH–58A),
206B, 206B–1, 206L, 206L–1, 206L–3,
206L–4, 222, 222B, 222U, 230, 407, 427,
429, and 430 helicopters. This proposed
AD would require removing each
shoulder harness seat belt comfort clip
(comfort clip) from service, inspecting
the shoulder harness seat belt for any
rip or abrasion, and removing any
shoulder harness seat belt from service
that has a rip or abrasion. This proposed
AD would also prohibit installing any
comfort clip on any helicopter. This
proposed AD was prompted by a report
of a comfort clip interfering with the
seat belt inertia reel. The actions of this
proposed AD are intended to address an
unsafe condition on these products.
DATES
: The FAA must receive comments
on this proposed AD by August 20,
2021.
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jbell on DSKJLSW7X2PROD with PROPOSALS
