[Federal Register Volume 86, Number 126 (Tuesday, July 6, 2021)]
[Proposed Rules]
[Page 35410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13929]



[[Page 35410]]

=======================================================================
-----------------------------------------------------------------------

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ADDRESSES: The docket for this withdrawn proposed rule is available at 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.
---------------------------------------------------------------------------

    \1\ Comments may be viewed at the Federal Docket Management 
System (FDMS) at http://www.regulations.gov, docket number USCIS-
2019-0006.
---------------------------------------------------------------------------

    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