[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)]
[Rules and Regulations]
[Pages 35838-35839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16934]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 42
[Public Notice 2229]
VISAS: Immigrant Religious Workers
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Final rule.
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SUMMARY: On October 1, 1991, the Department published an interim rule
[56 FR 49675], which among other things, implemented sec. 151 of the
Immigration and Nationality Act of 1990 (IMMACT 90). The interim rule,
effective October 1, 1991, amended the Department of State regulations
to extend special immigrant status, as defined under INA 101(a)(27)(C),
to religious workers who have 2 years of membership and experience in a
religious occupation or vocation. The legislation, as originally
enacted, required religious workers (other than ministers) to seek
entry into the United States before October 1, 1994. The interim rule
invited interested persons to submit comments concerning the
amendments. No comments were received. Thus, the final rule
implementing the provisions of sec. 151 was published unmodified on
September 16, 1993 [58 FR 48447].
On October 25, 1994, sec. 214 of the Immigration and Nationality
Technical Corrections Act of 1994 amended INA 101(a)(27)(C)(ii) to
extend the deadline to enter the United States to ``before October 1,
1997'', i.e., aliens entering under this category must seek to enter
the United States no later than September 30, 1997. Thus, this final
rule amends the previously published regulation and implements this
provision.
EFFECTIVE DATE: July 12, 1995.
FOR FURTHER INFORMATION CONTACT:
Pam Chavez, Legislation and Regulations Division, Visa Services, (202)
663-1206.
SUPPLEMENTARY INFORMATION:
Immigration Act of 1990
Sec. 151 of the Immigration Act of 1990 (IMMACT 90), Public Law
101-649, amended INA 101(a)(27)(C) by adding a new category of special
immigrants who will work in a religious occupation or vocation for a
religious organization in a professional or other capacity. Unlike the
provision for special immigrant ministers of religion, which does not
contain a sunset provision, the provisions for religious workers (as
defined under INA 101(a)(27)(C)(ii) (II) and (III)), as originally
enacted, required religious workers to seek to enter the United States
before October 1, 1994.
Immigration and Nationality Technical Corrections Act of 1994
On October 25, 1994, sec. 214 of the Immigration and Nationality
Technical Corrections Act of 1994 (Pub. L. 193-416) amended INA
101(a)(27)(C)(ii) to extend the sunset date to October 1, 1997. This
final rule implements sec. 214 of Pub. L. 103-416, amending part 42,
title 22 of the Code of Federal Regulations, by revising
42.32(d)(1)(ii) to extend the visa validity date to no
[[Page 35839]]
later than September 30, 1997. This rule also makes a minor technical
change to the 8 CFR reference.
Final Rule
This rule is not expected to have a significant impact on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act. This rule imposes no reporting or
recordkeeping action from the public requiring the approval of the
Office of Management and Budget under the Paperwork Reduction Act
requirements. This rule has been reviewed as required by E.O. 12778 and
certified to be in compliance therewith. This rule is exempted from
E.O. 12866 but has been coordinated with INS and reviewed to ensure
consistency therewith. The corresponding INS regulation was published
in the Federal Register on June 6, 1995 [60 FR 29751].
List of Subjects in 22 CFR Part 42
Aliens, Immigration, Passports and visas.
In view of the foregoing 22 CFR Chapter I is amended as follows:
PART 42--[AMENDED]
1. The authority citation for Part 42 is revised to read:
Authority: 8 U.S.C. 1104.
2. Section 42.32(d)(1) is amended by revising paragraph (d)(1)(ii)
to read as follows:
Sec. 42.32 Employment based preference immigrants.
* * * * *
(d) Fourth preference--Special immigrants--(1) Religious workers. *
* *
(ii) Timeliness of application. An immigrant visa issued under INA
203(b)(4) to an alien described in INA 101(a)(27(C), other than a
minister of religion, who qualifies as a ``religious worker'' as
defined in 8 CFR 204.5, shall bear the usual validity except that in no
case shall it be valid later than September 30, 1997.
Dated: July 5, 1995.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 95-16934 Filed 7-11-95; 8:45 am]
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