[Federal Register Volume 87, Number 183 (Thursday, September 22, 2022)]
[Rules and Regulations]
[Pages 57795-57799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20228]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
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  Federal Register / Vol. 87, No. 183 / Thursday, September 22, 2022 / 
Rules and Regulations  

[[Page 57795]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 208 and 274a

[CIS No. 2722-22; DHS Docket No. USCIS-2022-0008]
RIN 1615-AC66


Asylum Application, and Employment Authorization for Applicants; 
Implementation of Vacatur

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security (DHS).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule removes changes to regulatory text resulting 
from two final rules issued in June 2020, which were vacated by a 
Federal district court in February 2022. This final rule implements the 
vacatur by removing certain regulatory text governing asylum 
applications, interviews, and eligibility for employment authorization 
and an employment authorization document (EAD) based on a pending 
asylum application. It also reinserts various regulatory provisions as 
they appeared prior to the effective dates of the two final rules 
issued in June 2020.

DATES: This rule is effective on February 7, 2022, as a result of the 
Federal district court's vacatur.

FOR FURTHER INFORMATION CONTACT: Ren[aacute] Cutlip-Mason, Chief, 
Division of Humanitarian Affairs, Office of Policy and Strategy, U.S. 
Citizenship and Immigration Services, Department of Homeland Security, 
5900 Capital Gateway Drive, Camp Springs, MD 20588-0009; telephone 
(240) 721-3000 (not a toll-free call).

SUPPLEMENTARY INFORMATION:

I. Background and Basis for Removal of Regulations

    In June 2020, the U.S. Department of Homeland Security (DHS) issued 
two final rules (June 2020 EAD rules, collectively) titled, Removal of 
30-Day Processing Provision for Asylum Applicant-Related Form I-765 
Employment Authorization Applications (Timeline Repeal rule) and Asylum 
Application, Interview, and Employment Authorization for Applicants 
(Broader Asylum EAD rule), respectively.\1\ The Timeline Repeal rule 
eliminated two regulatory provisions that required U.S. Citizenship and 
Immigration Services (USCIS) to adjudicate initial EAD applications 
filed by asylum applicants within 30 days of receipt and that renewal 
EAD applications from asylum applicants must be received by USCIS 90 
days prior to the expiration of the employment authorization. The 
Timeline Repeal rule went into effect on August 21, 2020. The Broader 
Asylum EAD rule made a number of changes to DHS's regulations governing 
asylum applications, interviews, and eligibility for employment 
authorization based on a pending asylum application, including: 
extending the waiting period before asylum applicants may apply for an 
EAD from 180 days, not including delays caused or requested by an 
applicant, to 365 calendar days; requiring applicants for all initial 
or renewal applications for employment authorization to submit 
biometrics at a scheduled biometrics services appointment; and 
instituting bars to EAD eligibility for asylum applicants with certain 
criminal convictions, who failed to file for asylum within 1 year of 
entry into the United States, or who had entered or attempted to enter 
the United States at a place and time other than lawfully through a 
U.S. port of entry. The Broader Asylum EAD rule became effective on 
August 25, 2020. On September 11, 2020, in Casa de Md., Inc. v. 
Mayorkas, the U.S. District Court for the District of Maryland issued a 
partial preliminary injunction of both the Timeline Repeal rule and the 
Broader Asylum EAD rule with respect to members of plaintiff 
organizations Casa de Maryland, Inc. (CASA) and Asylum Seeker Advocacy 
Project (ASAP).\2\ On February 7, 2022, the U.S. District Court for the 
District of Columbia fully vacated both rules in Asylumworks v. 
Mayorkas, concluding that Chad Wolf was not lawfully serving as Acting 
DHS Secretary when the two rules were enacted, and that Secretary 
Mayorkas' ratification of the DHS Timeline Repeal Rule did not cure the 
defect that Chad Wolf's unlawful tenure created.\3\ DHS did not seek 
further review on appeal. This final rule implements the vacatur of the 
Timeline Repeal rule and the Broader Asylum EAD rule. This rule removes 
from the Code of Federal Regulations (CFR) the regulatory text that DHS 
promulgated in the Timeline Repeal rule and the Broader Asylum EAD rule 
and restores the regulatory text to appear as it did prior to the 
effective dates of the June 2020 EAD rules in August 2020.
---------------------------------------------------------------------------

    \1\ See 85 FR 37502 (June 22, 2020); 85 FR 38532 (June 26, 
2020).
    \2\ See Casa de Md., Inc. v. Mayorkas, 486 F. Supp. 3d 928 (D. 
Md. 2020) (originally called Casa de Md., Inc. v. Wolf).
    \3\ See Asylumworks v. Mayorkas, No. 20-CV-3815, 2022 WL 355213 
(D.D.C. Feb. 7, 2022).
---------------------------------------------------------------------------

    Because it implements the district court's vacatur of the Timeline 
Repeal rule and the Broader Asylum EAD rule and restores the regulatory 
text to correctly reflect the regulatory text that predated the June 
2020 EAD rules,\4\ DHS is not required to provide notice and comment or 
delay the effective date of this final rule. As a result of the rules 
being vacated, the changes made by the Timeline Repeal rule and the 
Broader Asylum EAD rule do not have any legal effect. Moreover, the 
good cause exception permits DHS to bypass otherwise applicable 
requirements of notice and comment and a delayed effective date. Notice 
and comment requirements and a delayed effective date are unnecessary 
for implementing the vacatur and would be impracticable and contrary to 
the public interest in light of the agency's immediate need to 
implement the now-effective final judgment. See 5 U.S.C. 553(b)(B), 
(d). DHS has concluded that each of those

[[Page 57796]]

three reasons--that notice and comment and a delayed effective date are 
unnecessary, impracticable, and contrary to the public interest--
independently provides good cause to bypass any otherwise applicable 
requirements of notice and comment and a delayed effective date.
---------------------------------------------------------------------------

    \4\ On August 20, 2021, the Department of Justice (DOJ) and DHS 
published a notice of proposed rule making titled Procedures for 
Credible Fear Screening and Consideration of Asylum, Withholding of 
Removal, and CAT Protection Claims by Asylum Officers. See 86 FR 
46906 (Aug. 20, 2021). Subsequently, on March 29, 2022, DOJ and DHS 
published the Procedures for Credible Fear Screening and 
Consideration of Asylum, Withholding of Removal, and CAT Protection 
Claims by Asylum Officers interim final rule (Asylum Procedures 
IFR). See 87 FR 18078 (Mar. 29, 2022). The Asylum Procedures IFR 
made superseding changes to 8 CFR 208.4(c) and 8 CFR 208.9(d) & (e). 
As a result of these changes to 8 CFR 208.4(c) and 8 CFR 208.9(d) & 
(e) superseding the June 2020 EAD rules, the changes made by the 
Procedures for Credible Fear Screening and Consideration of Asylum, 
Withholding of Removal, and CAT Protection Claims by Asylum Officers 
rule will be retained and not amended by this rule.
---------------------------------------------------------------------------

II. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-
3512, DHS must submit to the Office of Management and Budget (OMB) for 
review and approval any reporting requirements inherent in a rule, 
unless they are exempt. Please see the accompanying PRA documentation 
for the full analysis.\5\ Table 1 below lists all collections of 
information impacted by the vacatur.\6\
---------------------------------------------------------------------------

    \5\ See Public Law 104-13, 109 Stat. 163 (May 22, 1995) codified 
at 44 U.S.C. 3501 et seq.
    \6\ Only the Broader Asylum EAD rule (RIN 1615-AC27) impacted 
information collections. There were no information collection 
impacts from the Timeline Repeal rule (RIN 1615-AC19).

                                                                Table 1--Summary of Forms
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       General purpose of     General categories    Nexus to the broader
                Form                        Form name                Change                   form                  filing            asylum EAD rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
I-765, I-765WS.....................  Application for         Updates-removes         Certain foreign        Initial EAD: An EAD    Asylum applicants
                                      Employment              questions and           nationals who are in   issued to an           seeking employment
                                      Authorization.          instructions related    the United States      eligible applicant     authorization
                                                              to (c)(8) biometrics    may file Form I-765,   for the first time     through the (c)(8)
                                                              and 365 calendar day    Application for        under a specific       category are no
                                                              filing clock.           Employment             eligibility category.  longer required to
                                                                                      Authorization, to     Renewal EAD: An EAD     appear at a USCIS
                                                                                      request employment     issued to an           Application Support
                                                                                      authorization and an   eligible applicant     Center (ASC) for
                                                                                      Employment             after the expiration   biometrics
                                                                                      Authorization          of a previous EAD      submission, nor are
                                                                                      Document (EAD).        issued under the       applicants required
                                                                                      Other foreign          same category.         to submit the $85
                                                                                      nationals whose       Replacement EAD: An     biometric services
                                                                                      immigration status     EAD issued to an       fee. Applicants for
                                                                                      authorizes them to     eligible applicant     asylum need not wait
                                                                                      work in the United     when the previously    365 calendar days to
                                                                                      States without         issued EAD was lost,   apply for employment
                                                                                      restrictions may       stolen, damaged, or    authorization, and
                                                                                      also use Form I-765    contains errors,       can submit
                                                                                      to apply to U.S.       such as a misspelled   applications for
                                                                                      Citizenship and        name.                  employment
                                                                                      Immigration Services                          authorization 150
                                                                                      (USCIS) for an EAD                            days after filing
                                                                                      that shows such                               their asylum
                                                                                      authorization.                                application.
I-589..............................  Application for Asylum  Updates-removes         This form is used to   Asylum--To qualify     Applicants for asylum
                                      and for Withholding     instructions related    apply for asylum in    for asylum, the        need not wait 365
                                      of Removal.             to (c)(8) biometrics    the United States      applicant must         calendar days to
                                                              and 365 calendar day    and for withholding    establish that they    apply for employment
                                                              filing clock.           of removal (formerly   are a refugee who is   authorization, and
                                                                                      called ``withholding   unable or unwilling    can now submit
                                                                                      of deportation'').     to return to his or    applications for
                                                                                      This application may   her country of         employment
                                                                                      also be used to        nationality, or last   authorization 150
                                                                                      apply for protection   habitual residence     days after filing
                                                                                      under the Convention   if they have no        their asylum
                                                                                      Against Torture.       nationality, because   application.
                                                                                                             of persecution or a
                                                                                                             well-founded fear of
                                                                                                             persecution on
                                                                                                             account of race,
                                                                                                             religion,
                                                                                                             nationality,
                                                                                                             membership in a
                                                                                                             particular social
                                                                                                             group, or political
                                                                                                             opinion.
                                                                                                            Withholding of
                                                                                                             Removal and Deferral
                                                                                                             of removal Under
                                                                                                             Convention Against
                                                                                                             Torture--The asylum
                                                                                                             application is also
                                                                                                             considered to be an
                                                                                                             application for
                                                                                                             withholding of
                                                                                                             removal under
                                                                                                             section 241(b)(3) of
                                                                                                             the INA, as amended.
                                                                                                             It may also be
                                                                                                             considered an
                                                                                                             application for
                                                                                                             withholding of
                                                                                                             removal under the
                                                                                                             Convention Against
                                                                                                             Torture.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    To conform with the requirements set forth by the PRA, USCIS 
requested and received emergency approval from OMB to take the 
following actions on certain collections of information as required by 
the vacatur of the Broader Asylum EAD Rule. USCIS is updating the 
information collections in accordance with the vacatur of the Broader 
Asylum EAD rule.

USCIS Form I-765; I-765WS, (OMB Control Number 1615-0040)

Overview of Information Collection

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application for Employment 
Authorization; I-765 Worksheet.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-765; I-765WS; USCIS.
    (4) Affected public who were asked or required to respond, as well 
as a brief

[[Page 57797]]

abstract: Primary: Individuals or households. USCIS uses Form I-765 to 
collect information needed to determine if a noncitizen is eligible for 
employment authorization and an initial EAD, a replacement EAD, or a 
renewal EAD upon the expiration of a previous EAD under the same 
eligibility category. Noncitizens in many immigration statuses are 
required to possess an EAD as evidence of employment authorization.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: the estimated 
total number of respondents for the information collection I-765 paper 
filing is 2,178,820 and the estimated hour burden per response is 4.50 
hours; the estimated total number of respondents for the information 
collection I-765 online filing is 107,180 and the estimated hour burden 
per response is 4 hours; the estimated total number of respondents for 
the information collection I-765WS is 302,000 and the estimated hour 
burden per response is 0.5 hours; the estimated total number of 
respondents for the information collection biometrics submission is 
302,535 and the estimated hour burden per response is 1.17 hours; the 
estimated total number of respondents for the information collection 
passport photos is 2,286,000 and the estimated hour burden per response 
is 0.5 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection of information is 11,881,376 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $400,895,820.

USCIS Form I-589, (OMB Control Number 1615-0067)

Overview of Information Collection

    (1) Type of Information Collection Request: Revision of a Currently 
Approved Collection.
    (2) Title of the Form/Collection: Application for Asylum and for 
Withholding of Removal.
    (3) Agency form number, if any, and the applicable component of the 
DHS sponsoring the collection: I-589; USCIS.
    (4) Affected public who were asked or required to respond, as well 
as a brief abstract: Primary: Individuals or households. USCIS and 
Executive Office for Immigration Review (EOIR) use the data collected 
on the Form I-589 in the course of adjudicating eligibility of persons 
applying for asylum and for withholding of removal. Under section 
208(a)(1) of the Immigration and Nationality Act (INA), any noncitizen 
who is physically present in the United States, or at a land border or 
port of entry, may apply for asylum regardless of such noncitizen's 
status. In the first instance, USCIS asylum officers adjudicate 
applications filed by noncitizens who are not subject to removal 
proceedings, or who have not yet been placed in removal proceedings, in 
accordance with 8 CFR 208.2(a). EOIR immigration judges adjudicate 
asylum applications filed by noncitizens in removal proceedings, in 
accordance with 8 CFR 1208.2(b). The form serves the purpose of 
standardizing the application and ensuring that applicants provide the 
required information necessary for assessing eligibility.
    USCIS also uses the Form I-589 to serve as an alternate application 
for evidence of employment authorization for individuals granted 
asylum, eliminating their need to file a separate Form I-765, 
Application for Employment Authorization (OMB No. 1615-0040) with USCIS 
if, after being granted asylum, they wish to receive an Employment 
Authorization Document (EAD) containing both evidence of employment 
authorization and identity. The Form I-589 collects the same biographic 
information as that collected by the Form I-765. In cases where asylum 
is granted, the biographic information contained on the Form I-589 can 
also be used to generate the EAD.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: The estimated 
total number of respondents for the information collection I-589 paper 
filing is 85,500 and the estimated hour burden per response is 12 
hours; the estimated total number of respondents for the information 
collection I-589 online filing is 28,500 and the estimated hour burden 
per response is 11 hours; the estimated total number of respondents for 
the information collection biometrics submission is 110,000 and the 
estimated hour burden per response is 1.17 hours.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: The total estimated annual hour burden associated 
with this collection of information is 1,468,200 hours.
    (7) An estimate of the total public burden (in cost) associated 
with the collection: The estimated total annual cost burden associated 
with this collection of information is $46,968,000.

List of Subjects

8 CFR Part 208

    Administrative practice and procedure, Aliens, Immigration, 
Reporting and recordkeeping requirements.

8 CFR Part 274a

    Administrative practice and procedure, Aliens, Employment, 
Penalties, Reporting and recordkeeping requirements.

    Accordingly, DHS amends parts 208 and 274a of chapter I, subchapter 
B, of title 8 of the Code of Federal Regulations as follows:

PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

0
1. The authority citation for part 208 continues to read as follows:

    Authority:  8 U.S.C. 1101, 1103, 1158, 1226, 1252, 1282; Title 
VII of Pub. L. 110-229; 8 CFR part 2; Pub. L. 115-218.


0
2. Amend Sec.  208.3 by revising paragraph (c)(3) to read as follows:


Sec.  208.3   Form of application.

* * * * *
    (c) * * *
    (3) An asylum application that does not include a response to each 
of the questions contained in the Form I-589, is unsigned, or is 
unaccompanied by the required materials specified in paragraph (a)(1) 
of this section is incomplete. The filing of an incomplete application 
shall not commence the 150-day period after which the applicant may 
file an application for employment authorization in accordance with 
Sec.  208.7. An application that is incomplete shall be returned by 
mail to the applicant within 30 days of the receipt of the application 
by the Service. If the Service has not mailed the incomplete 
application back to the applicant within 30 days, it shall be deemed 
complete. An application returned to the applicant as incomplete shall 
be resubmitted by the applicant with the additional information if he 
or she wishes to have the application considered;
* * * * *

0
3. Revise Sec.  208.7 to read as follows:


Sec.  208.7  Employment authorization.

    (a) Application and approval. (1) Subject to the restrictions 
contained in sections 208(d) and 236(a) of the Act, an applicant for 
asylum who is not an aggravated felon shall be eligible pursuant to 
Sec. Sec.  274a.12(c)(8) and 274a.13(a) of this chapter to request 
employment authorization. Except in

[[Page 57798]]

the case of an alien whose asylum application has been recommended for 
approval, or in the case of an alien who filed an asylum application 
prior to January 4, 1995, the application shall be submitted no earlier 
than 150 days after the date on which a complete asylum application 
submitted in accordance with Sec. Sec.  208.3 and 208.4 has been 
received. In the case of an applicant whose asylum application has been 
recommended for approval, the applicant may apply for employment 
authorization when he or she receives notice of the recommended 
approval. If an asylum application has been returned as incomplete in 
accordance with Sec.  208.3(c)(3), the 150-day period will commence 
upon receipt by the Service of a complete asylum application. An 
applicant whose asylum application has been denied by an asylum officer 
or by an immigration judge within the 150-day period shall not be 
eligible to apply for employment authorization. If an asylum 
application is denied prior to a decision on the application for 
employment authorization, the application for employment authorization 
shall be denied. If the asylum application is not so denied, the 
Service shall have 30 days from the date of filing of the request 
employment authorization to grant or deny that application, except that 
no employment authorization shall be issued to an asylum applicant 
prior to the expiration of the 180-day period following the filing of 
the asylum application filed on or after April 1, 1997.
    (2) The time periods within which the alien may not apply for 
employment authorization and within which USCIS must respond to any 
such application and within which the asylum application must be 
adjudicated pursuant to section 208(d)(5)(A)(iii) of the Act shall 
begin when the alien has filed a complete asylum application in 
accordance with Sec. Sec.  208.3 and 208.4. Any delay requested or 
caused by the applicant shall not be counted as part of these time 
periods, including delays caused by failure without good cause to 
follow the requirements for fingerprint processing. Such time periods 
shall also be extended by the equivalent of the time between issuance 
of a request for evidence pursuant to Sec.  103.2(b)(8) of this chapter 
and the receipt of the applicant's response to such request.
    (3) The provisions of paragraphs (a)(1) and (a)(2) of this section 
apply to applications for asylum filed on or after January 4, 1995.
    (4) Employment authorization pursuant to Sec.  274a.12(c)(8) of 
this chapter may not be granted to an alien who fails to appear for a 
scheduled interview before an asylum officer or a hearing before an 
immigration judge, unless the applicant demonstrates that the failure 
to appear was the result of exceptional circumstances.
    (b) Renewal and termination. Employment authorization shall be 
renewable, in increments to be determined by USCIS, for the continuous 
period of time necessary for the asylum officer or immigration judge to 
decide the asylum application and, if necessary, for completion of any 
administrative or judicial review.
    (1) If the asylum application is denied by the asylum officer, the 
employment authorization shall terminate at the expiration of the 
employment authorization document or 60 days after the denial of 
asylum, whichever is longer.
    (2) If the application is denied by the immigration judge, the 
Board of Immigration Appeals, or a Federal court, the employment 
authorization terminates upon the expiration of the employment 
authorization document, unless the applicant has filed an appropriate 
request for administrative or judicial review.
    (c) Supporting evidence for renewal of employment authorization. In 
order for employment authorization to be renewed under this section, 
the alien must request employment authorization in accordance with the 
form instructions. USCIS may require that an alien establish that he or 
she has continued to pursue an asylum application before an immigration 
judge or sought administrative or judicial review. For purposes of 
employment authorization, pursuit of an asylum application is 
established by presenting one of the following, depending on the stage 
of the alien's immigration proceedings:
    (1) If the alien's case is pending in proceedings before the 
immigration judge, and the alien wishes to continue to pursue his or 
her asylum application, a copy of any asylum denial, referral notice, 
or charging document placing the alien in such proceedings;
    (2) If the immigration judge has denied asylum, a copy of the 
document issued by the Board of Immigration Appeals to show that a 
timely appeal has been filed from a denial of the asylum application by 
the immigration judge; or
    (3) If the Board of Immigration Appeals has dismissed the alien's 
appeal of a denial of asylum, or sustained an appeal by the Service of 
a grant of asylum, a copy of the petition for judicial review or for 
habeas corpus pursuant to section 242 of the Act, date stamped by the 
appropriate court.
    (d) In order for employment authorization to be renewed before its 
expiration, the application for renewal must be received by the Service 
90 days prior to expiration of the employment authorization.

0
4. Revise Sec.  208.10 to read as follows:


Sec.  208.10  Failure to appear at an interview before an asylum 
officer or failure to follow requirements for fingerprint processing.

    Failure to appear for a scheduled interview without prior 
authorization may result in dismissal of the application or waiver of 
the right to an interview. Failure to comply with fingerprint 
processing requirements without good cause may result in dismissal of 
the application or waiver of the right to an adjudication by an asylum 
officer. Failure to appear shall be excused if the notice of the 
interview or fingerprint appointment was not mailed to the applicant's 
current address and such address had been provided to the USCIS by the 
applicant prior to the date of mailing in accordance with section 265 
of the Act and regulations promulgated thereunder, unless the asylum 
officer determines that the applicant received reasonable notice of the 
interview or fingerprinting appointment. Failure to appear at the 
interview or fingerprint appointment will be excused if the applicant 
demonstrates that such failure was the result of exceptional 
circumstances.

PART 274a--CONTROL OF EMPLOYMENT OF ALIENS

0
5. The authority citation for part 274a is revised to read as follows:

    Authority:  8 U.S.C. 1101, 1103, 1105a, 1324a; 48 U.S.C. 1806; 
Pub. L. 101-410, 104 Stat. 890, as amended by Pub. L. 114-74, 129 
Stat. 599; Title VII of Pub. L. 110-229, 122 Stat. 754; Pub. L. 115-
218, 132 Stat. 1547; 8 CFR part 2.


0
6. Amend Sec.  274a.12 by:
0
a. In paragraph (c) introductory text, removing the phrase ``, unless 
otherwise provided in this chapter''; and
0
b. Revising paragraphs (c)(8) and (11).
    The revisions read as follows:


Sec.  274a.12  Classes of aliens authorized to accept employment.

* * * * *
    (c) * * *
    (8) An alien who has filed a complete application for asylum or 
withholding of deportation or removal pursuant to 8 CFR part 208, whose 
application:
    (i) Has not been decided, and who is eligible to apply for 
employment

[[Page 57799]]

authorization under Sec.  208.7 of this chapter because the 150-day 
period set forth in that section has expired. Employment authorization 
may be granted according to the provisions of Sec.  208.7 of this 
chapter in increments to be determined by the Commissioner and shall 
expire on a specified date; or
    (ii) Has been recommended for approval, but who has not yet 
received a grant of asylum or withholding or deportation or removal;
* * * * *
    (11) Except as provided in paragraphs (b)(37) and (c)(34) of this 
section and Sec.  212.19(h)(4) of this chapter, an alien paroled into 
the United States temporarily for urgent humanitarian reasons or 
significant public benefit pursuant to section 212(d)(5) of the Act.
* * * * *

0
7. Amend Sec.  274a.13 by revising paragraphs (a)(1) and (2) and (d)(3) 
to read as follows:


Sec.  274a.13  Application for employment authorization.

    (a) * * *
    (1) The approval of applications filed under 8 CFR 274a.12(c), 
except for 8 CFR 274a.12(c)(8), are within the discretion of USCIS. 
Where economic necessity has been identified as a factor, the alien 
must provide information regarding his or her assets, income, and 
expenses.
    (2) An initial employment authorization request for asylum 
applicants under 8 CFR 274a.12(c)(8) must be filed on the form 
designated by USCIS in accordance with the form instructions. The 
applicant also must submit a copy of the underlying application for 
asylum or withholding of deportation, together with evidence that the 
application has been filed in accordance with 8 CFR 208.3 and 208.4. An 
application for an initial employment authorization or for a renewal of 
employment authorization filed in relation to a pending claim for 
asylum shall be adjudicated in accordance with 8 CFR 208.7. An 
application for renewal or replacement of employment authorization 
submitted in relation to a pending claim for asylum, as provided in 8 
CFR 208.7, must be filed, with fee or application for waiver of such 
fee.
* * * * *
    (d) * * *
    (3) Termination. The period authorized by paragraph (d)(1) of this 
section will automatically terminate the earlier of up to 180 days 
after the expiration date of the Employment Authorization Document 
(Form I-766), or upon issuance of notification of a decision denying 
the renewal request. Nothing in paragraph (d) of this section will 
affect DHS's ability to otherwise terminate any employment 
authorization or Employment Authorization Document, or extension period 
for such employment or document, by written notice to the applicant, by 
notice to a class of aliens published in the Federal Register, or as 
provided by statute or regulation including 8 CFR 274a.14.
* * * * *


Sec.  274a.14  [Amended]

0
8. Amend Sec.  274a.14 by:
0
a. Adding ``or'' at the end of paragraph (a)(1)(ii);
0
b. Removing the ``; or'' and adding in its place a period at the end of 
paragraph (a)(1)(iii); and
0
c. Removing paragraph (a)(1)(iv).

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2022-20228 Filed 9-21-22; 8:45 am]
BILLING CODE 911-97-P