1615-AC22 202410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 1615 U.S. Citizenship and Immigration Services USCIS 1600 Department of Homeland Security DHS Improving the Regulations Governing the Adjustment of Status to Lawful Permanent Residence and Related Immigration Benefits

The Department of Homeland Security (DHS) proposes to amend its regulations governing adjustment of status to lawful permanent residence in the United States. The proposed changes include permitting concurrent filing of a visa petition and the application for adjustment of status for the employment-based 4th preference (certain special immigrants) category, including religious workers; permitting the transfer of the underlying basis of a pending adjustment of status application; clarifying the requirement for physical presence outside the United States for nonimmigrant religious workers; extending priority date retention to certain employment-based preference categories; clarifying when a visa becomes available for purposes of the age calculation under the Child Status Protection Act; and authorizing compelling circumstances employment authorization for certain derivative beneficiaries waiting for immigrant visa availability. DHS also proposes to amend the regulations relating to travel authorization for temporary protected status recipients. The intent of these proposed changes is to improve the efficiency and administration of the adjustment of status provisions for individuals seeking to become lawful permanent residents in the United States. Many of the proposed policy and operational changes contained in this rulemaking were informed by public comments USCIS received on its April 19, 2021, Request for Public Input and are crafted to reduce barriers to lawful immigration as identified by our stakeholders.

]]> Other Significant Previously Published in The Unified Agenda Proposed Rule Stage Undetermined Undetermined 8 CFR 204.5 8 CFR 204.12 8 CFR 205.1 8 CFR 209.1 8 CFR 209.2 8 CFR 244.15 8 CFR 245.1 8 CFR 245.2 8 CFR 245.5 8 CFR 245.11 8 CFR 245.15 8 CFR 245.18 8 CFR 249.2 8 CFR 264.2 8 CFR 274a.12 ... 8 U.S.C. 1101 8 U.S.C. 1103(a) 8 U.S.C. 1153 to 1155 8 U.S.C. 1159 and 1160 8 U.S.C. 1254a 8 U.S.C. 1255 8 U.S.C. 1257 8 U.S.C. 1324a 8 U.S.C. 1184 ... Yes

This rulemaking is necessary to address outdated regulations to improve efficiency and the administration of the adjustment of status of immigrants to lawful permanent residence in the United States. This rule also changes eligibility requirements for certain classifications for what constitutes compelling circumstances for employment authorization.

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The DHS’s authority for the regulatory amendments proposed are found in various sections of the Immigration and Nationality Act (INA), codified at title 8 of the United States Code, and the Homeland Security Act of 2002 (HSA), Pub. L. 107-296, 116 Stat. 2135 (Nov. 25, 2002), codified at 6 U.S.C. 101 et seq. Specifically, 6 U.S.C. 112, and 8 U.S.C. 1103, charge DHS with the administration and enforcement of the immigration laws of the United States, and 8 U.S.C. 1103(a) authorizes DHS to establish such regulations, prescribe such forms of bond, reports, entries, and other papers; issue instructions; and perform such other acts deemed necessary for carrying out the Secretary’s authority under the provisions of the INA, including for the provisions related to immigrant visa petitions (8 U.S.C. 1153 to 1155); Adjustment of status of refugees (8 U.S.C. 1159); Special Agricultural Workers (8 U.S.C. 1160); Admission of nonimmigrants (8 U.S.C. 1184); Temporary Protected Status (8 U.S.C. 1254a); Adjustment of status of nonimmigrant to that of person admitted for permanent residence (8 U.S.C. 1255); Adjustment of status of certain resident aliens to nonimmigrant status; exceptions (8 U.S.C. 1157); Work Authorization (8 U.S.C. 1324a).

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DHS is currently considering the specific impacts of the proposed provisions.

]]> NPRM 01/00/2025 Undetermined Undetermined Undetermined No No No Mark Phillips Residence and Naturalization Division Chief 1615 U.S. Citizenship and Immigration Services USCIS 240 721-3000 Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190, Camp Springs MD 20588-0009