DHS Publishes Proposed Rule to Extend TN Visa Status

The Department of Homeland Security has formally published its proposed rule to extend TN visa status from one (1) year to three (3) years. 73 FR 26340.

The following is a general outline of the steps remaining in the rule making process following publication of a proposed rule in the Federal Register.

Step One: DHS provides the public an opportunity to comment on the proposed rule, which generally means a comment period of not less than 60 days. The commentary period for the TN visa status extension rule ends on June 9, 2008. The purpose of the comment period is to provide an opportunity for the public and interested and affected parties to influence the outcome by raising issues and questions that can be addressed before the regulation is finalized.

Step Two: Once the comment period has closed, DHS will review the comments received, make appropriate revisions to the proposed rule, and prepare a notice of the final rule, including supplemental information with responses to comments received.

Step Three: DHS submits a draft notice and final rule, including updated supporting materials or cost-benefit analysis, to the Office of Management and Budget (“OMB”) for review.

Step Four: OMB reviews the draft notice, final rule, and supporting materials; coordinates review by any other agencies that may have an interest in the rule; and notifies DHS of the results within 90 calendar days after the date of submission to OMB. This time period is reduced to 45 days if OMB has previously reviewed the rule and supporting information and there has been no material change in the facts and circumstances upon which the rule is based.

Step Five: Once OMB notifies DHS that it has completed its review without any requests for further consideration, DHS reviews the rule one more time and generally publishes the final rule and supplemental information in the Federal Register at least 60 days before the new rule takes effect.