[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Rules and Regulations]
[Pages 24331-24332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11518]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2536]
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act; Validity of Nonimmigrant Visas
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Final rule.
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SUMMARY: Section 632(b) of Pub. L. 104-208, the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), enacted on
September 30, 1996, amended the Immigration and Nationality Act (INA)
to authorize the application of the nonimmigrant reciprocity rules to
refugees and permanent residents on a reciprocal basis. Thus, on a
reciprocal basis, permanent residents of a foreign country and aliens
granted refugee status in that foreign country may have nonimmigrant
visas issued pursuant to the same visa fee schedule and for the same
period of validity as nationals of that country. This rule implements
new INA 221(c) and amends the Department's regulations at 41.112(b)
accordingly.
Additionally, effective April 1, 1994, the Department instructed
all Foreign Service posts to cease issuing Burroughs nonimmigrant visas
with indefinite validity. Foreign Service posts worldwide now issue
only machine-readable visas (MRVs), a more technologically advanced and
secure type of visa. The Department is, therefore, amending its
regulations by changing the maximum validity of nonimmigrant visas from
``indefinite'' to ``ten years'' to conform to the applicable technology
mandated by Congress.
DATES: This rule is effective May 5, 1997.
ADDRESSES: Chief, Legislation and Regulation Division, Visa Office,
Room L603-C, SA-1, Washington, D.C. 20520-0106.
FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation
and Regulations Division, (202) 663-1203.
SUPPLEMENTARY INFORMATION:
IIRIRA Section 632(b)
Section 632(b) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA) amended INA 221(c). Under INA
221(c), aliens are accorded the same treatment upon a reciprocal basis
as the alien's
[[Page 24332]]
country extends to U.S. citizens. This treatment extends to fees
charged for visas and validity periods of issued visas. The amount of
the fee and the duration of the visa's validity are set forth in
schedules published by the Department of State. These schedules are
published in Volume 9 of the Foreign Affairs Manual, Part IV, Appendix
C. The schedules are developed on the basis of reciprocal agreements
which seek parity in visa fees and visa validity periods between the
United States and a particular foreign government. Consequently, United
States nonimmigrant visa fees and periods of visa validity are based,
as far as is practicable, on the visa fees and validity periods which
United States citizens are accorded when applying for visas for travel
to a particular country. This amendment authorizes on a reciprocal
basis the use of the same fee and visa validity schedules for aliens
who have obtained refugee status in a country or who have obtained
permanent resident status in that country. Thus, an alien who is a
refugee or permanent resident in a country may be issued a visa
pursuant to the reciprocity schedule accorded nationals of that
country, as long as that foreign country extends the same treatment to
refugees and permanent residents of the United States. The regulation
at 22 CFR 41.112(b) is amended to accommodate these changes.
Machine Readable Visa (MRV)
Over the past several years United States Foreign Service posts
have converted from the issuance of Burroughs visas to machine readable
visas (MRVs) for all nonimmigrant issuance. MRV technology was
developed as an anti-counterfeiting measure to enhance the security of
the visa. A MRV has a maximum life span of ten years. Therefore,
effective April 1, 1994, no nonimmigrant visa, (including B visas
formerly authorized for indefinite maximum validity) may be issued for
more than ten years, and reciprocity schedules have been amended
accordingly. The Department is, therefore, amending its regulation at
22 CFR 41.112(b) to reflect use of the machine-readable visa.
Final Rule
The implementation of this rule as a final rule is based upon the
``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and
553(d)(3). The first amendment made by this rule grants or recognizes
an exemption or relieves a restriction under 5 U.S.C. 553(d)(1). The
second amendment is based upon the limitations inherent in applicable
technology. Both are considered beneficial to the United States
Government.
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 (5 U.S.C. 605(b)). This rule imposes no
reporting or record-keeping 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. 12988 and certified to be in compliance therewith. This rule is
exempted from E.O. 12866 but has been reviewed to ensure consistency
therewith.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports and visas, Visa validity.
In view of the foregoing, 22 CFR is amended as follows:
PART 41--[AMENDED]
1. The authority citation for part 41 continues to read:
Authority: 8 U.S.C. 1104.
2. Section 41.112 is amended by revising paragraph (b) to read as
follows:
Sec. 41.112 Validity of visa.
* * * * *
(b) Validity of visa and number of applications for admission. (1)
Except as provided in paragraph (c) of this section, a nonimmigrant
visa shall have the validity prescribed in schedules provided to
consular officers by the Department, reflecting insofar as practicable
the reciprocal treatment accorded U.S. nationals, U.S. permanent
residents, or aliens granted refugee status in the U.S. by the
government of the country of which the alien is a national, permanent
resident, refugee or stateless resident.
(2) Notwithstanding paragraph (b)(1) of this section, United States
nonimmigrant visas shall have a maximum validity period of 10 years.
(3) An unexpired visa is valid for application for admission even
if the passport in which the visa is stamped has expired, provided the
alien is also in possession of a valid passport issued by the
authorities of the country of which the alien is a national.
* * * * *
Dated: April 22, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 97-11518 Filed 5-2-97; 8:45 am]
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