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|DHS/USCIS||RIN: 1615-AC66||Publication ID: Fall 2021|
|Title: Rescission of "Asylum Application, Interview, & Employment Authorization" Rule and Change to "Removal of 30 Day Processing Provision for Asylum Applicant Related Form I-765 Employment Authorization"|
DHS plans to issue a notice of proposed rulemaking that would rescind or substantively revise two final rules related to employment authorization for asylum applicants. On August 25, 2020, the Department of Homeland Security (DHS) published a final rule that modified DHS's regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. (85 FR 38532). On August 21, 2020, the Department of Homeland Security (DHS) published a final rule that removed a Department of Homeland Security (DHS) regulatory provision stating that U.S. Citizenship and Immigration Services (USCIS) has 30 days from the date an asylum applicant files the initial Form I-765, Application for Employment Authorization, to grant or deny that initial employment authorization application. (85 FR 37502).
|Agency: Department of Homeland Security(DHS)||Priority: Economically Significant|
|RIN Status: Previously published in the Unified Agenda||Agenda Stage of Rulemaking: Proposed Rule Stage|
|Major: Undetermined||Unfunded Mandates: Undetermined|
|CFR Citation: 8 CFR 208.3 8 CFR 208.4 8 CFR 208.7 8 CFR 208.9 8 CFR 208.10 8 CFR 274a.12 8 CFR 274a.13 8 CFR 274a.14 (To search for a specific CFR, visit the Code of Federal Regulations.)|
|Legal Authority: 8 U.S.C. 1158(d)(2) 8 U.S.C. 1101 and 1103 Pub. L. 103-322 8 U.S.C. 1105a 8 U.S.C. 1151, 1153 and 1154 8 U.S.C. 1182 8 U.S.C. 1186a 8 U.S.C. 1255 Pub. L. 113-4 5 U.S.C. 801|
Statement of Need:
The proposed change is intended to help ensure the eligibility requirements for employment authorization for asylum applicants and processing times established in the DHS regulations are reasonable.
Anticipated Costs and Benefits:
DHS is currently considering the specific cost and benefit impacts of the proposed provisions.
|Regulatory Flexibility Analysis Required: Undetermined||Government Levels Affected: Undetermined|
|Included in the Regulatory Plan: Yes|
|RIN Data Printed in the FR: No|
|Related RINs: Related to 1615-AC19, Related to 1615-AC27|
Chief, Humanitarian Affairs Division
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy, 5900 Capital Gateway Drive, Suite 4S190,
Camp Springs, MD 20588-0009