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Federal agencies have published their semiannual regulatory agenda, providing an indication of the Biden administration’s immigration priorities in the coming year.
Most of the proposed regulations were listed on previous regulatory agendas, though agency timelines have been adjusted in some cases. Highlights include:
The regulatory agenda indicates the agency is targeting October 2023 to publish the proposal; the previous agenda had targeted May 2023.
Additional Information: Other items on the regulatory agenda include a proposal to amend regulations governing adjustment of status (target publication July 2023) and a final rule on State Department’s interview wavier policy (target publication April 2023). The agenda no longer includes a Trump-era proposal to eliminate the “B-1 in lieu of H” classification. The Trump administration published a proposed rule to eliminate the classification but never published a final rule. The State Department previously said it was “reconsidering” the rule and appears to have abandoned it for now.
The full regulatory agenda is available here.
BAL Analysis: While the changes the administration has outlined would have significant impact on immigration programs, they are at different stages in the rulemaking process, and policies are still being formulated. Proposed regulations are subject to a public notice-and-comment period during which members of the public may submit feedback. BAL will provide updates on individual regulations as they move through the rulemaking process.
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