96-28185. Documentation of Nonimmigrants and Immigrants Under the Immigration and Nationality Act, as AmendedPlace of Application

[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Rules and Regulations]
[Pages 56438-56439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28185]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2455]


Documentation of Nonimmigrants and Immigrants Under the 
Immigration and Nationality Act, as Amended--Place of Application

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulation by allowing the Deputy 
Assistant Secretary to designate the geographical areas over which 
consular offices have jurisdiction to process nonimmigrant visas. 
Consequently, an alien may now be authorized to apply at any 
nonimmigrant visa issuing office within the territory of the country of 
the alien's residence.

EFFECTIVE DATE: The effective date of this final rule is December 2, 
1996.

FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation 
and Regulations Division, 202-663-1204.

SUPPLEMENTARY INFORMATION: Current Department of State regulations 
concerning the place of application for aliens seeking issuance of a 
nonimmigrant visa require that the applicant apply for a visa at the 
consular office in the consular district in which the alien resides (or 
in the case of a resident of Taiwan, at the American Institute in 
Taiwan) unless
    (1) the alien is physically present in the United States and can 
apply to the Visa Office for the issuance or reissuance of a visa under 
22 CFR 41.111(b); or
    (2) the consular officer in a country where the alien is physically 
present has agreed to accept the alien's visa application either as a 
matter of discretion or at the direction of the Department.
    This new regulation introduces greater flexibility in designating 
the jurisdictional consular office for nonimmigrant processing. To 
address resource reductions in some countries, the Department needs 
flexibility in managing its visa workload and has centralized and 
consolidated visa services in specific consular offices. The 
consolidation process may accord a consular office nonimmigrant visa 
processing jurisdiction over a geographical area which may not exactly 
comport with consular districts defined by the Secretary of State

[[Page 56439]]

pursuant to the authority granted the Secretary under section 514 of 
the Foreign Service Act of 1946. As the management of available 
resources requires flexibility, this rule grants the Deputy Assistant 
Secretary the ability to best manage such resources by designating the 
geographical area for which each consular office possesses jurisdiction 
to process nonimmigrant visa applications. The list of services for 
each consular office, including the providing of nonimmigrant visa 
processing services, continues to be published in Appendix C of Part IV 
of Volume 9 of the Foreign Affairs Manual.
    It should be noted that pursuant to the authority granted the 
Deputy Assistant Secretary, the Deputy Assistant Secretary may 
determine that aliens resident in a country in which there is more than 
one consular office processing nonimmigrant visas may apply for 
nonimmigrant visa issuance at a designated post or at any of those NIV 
processing consular offices in that country.

Final Rule

    As the amendments to the regulation provide a benefit to aliens by 
facilitating the visa application process, the Department has 
determined that it is unnecessary to publish a proposed rule or to 
solicit comments from the public.
    This final rule is not expected to have a ``significant economic 
impact'' on a substantial number of small entities, because it is 
inapplicable. 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. 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, Applications, Nonimmigrants, Passports and visas.

    In view of the foregoing, title 22 of the Code of Federal 
Regulations part 41 is amended to read as follows:

PART 41--[AMENDED]

    1. The authority citation for Part 40 continues to read as follows:


    Authority: 8 U.S.C. 1104.

    2. Sec. 41.101 is amended by revising paragraph (a) to read as 
follows:


Sec. 41.101   Place of application.

    (a) Application for regular visa made at jurisdictional consular 
office of alien's residence or physical presence. (1) An alien applying 
for a nonimmigrant visa shall make application at a consular office 
having jurisdiction over the alien's place of residence, or if the 
alien is a resident of Taiwan, at the American Institute in Taiwan, 
unless--
    (i) the alien is physically present in the United States and is 
entitled to apply for issuance or reissuance of a visa under the 
provisions of Sec. 41.111(b); or
    (ii) a consular office having jurisdiction over the area in which 
the alien is physically present but not resident has agreed, as a 
matter of discretion or at the direction of the Department, to accept 
the alien's application.
    (2) The Deputy Assistant Secretary of State to the Visa Office is 
authorized to designate the geographical area for which each consular 
office possesses jurisdiction to process nonimmigrant visa 
applications.

    Dated: October 11, 1996.
Ruth A. Davis,
Acting Assistant Secretary for Consular Affairs.
[FR Doc. 96-28185 Filed 10-31-96; 8:45 am]
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