[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Rules and Regulations]
[Pages 4393-4394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1780]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 42
[Public Notice 2664]
Visas: Issuance of New or Replacement Immigrant Visas
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Final rule.
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SUMMARY: This rule amends the Department's regulations to comply with a
change in the Immigration and Nationality Act (INA) that requires the
Department to factor the number of immigrant visas issued to immediate
relatives into the annual worldwide limitation on immigration.
EFFECTIVE DATE: January 29, 1998.
FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and
Regulations Division, Visa Services, Department of State, Room L6-21,
SA-1, Washington, DC 20520-0106. Phone: (202) 663-1203.
SUPPLEMENTARY INFORMATION: On November 29, 1990, the President signed
the Immigration Act of 1990 (IMMACT 90) which, among other things,
amended by including the number of aliens granted immediate relative
status into the calculation for determining the annual family
preference limitation. Before IMMACT 90 (Pub. L. 101-649) the number of
immediate relative visas issued to the spouses, minor children and
parents of U.S. citizens was not a factor in determining the overall
annual numerical limitation for worldwide immigration.
IMMACT 90 amended the INA by requiring the Department to deduct the
number of immediate relatives granted permanent resident status in the
United States during the previous fiscal year from the worldwide
480,000 annual limit for the current fiscal year, but limited the
annual family preference limit to no less than 226,000. To avoid
double-counting the number of visas issued to immediate relatives who,
for reasons beyond their control, are unable to use their original
immigrant visas, consular offices will now issue replacement visas
rather than new visas. The Department is amending its regulations at 22
CFR 42.74 accordingly.
Final Rule
The Department has determined that there is good cause for this
rule to be exempt from notice comment requirements under 5 U.S.C.
553(b)(3)(A) because Public Law 101-649 requires that the number of
aliens granted immediate relative status be included in the calculation
of the annual family preference limitation and the use of replacement
visas rather than new visas is simply an administrative mechanism to
avoid double counting. Notice and public comment thereon are therefore
unnecessary.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980, as amended in 1996 (5
U.S.C. Chapter 6), requires the Federal Government to anticipate and
minimize the impact of rules and paperwork requirements on small
entities. Such entities are defined as small businesses (those with
fewer than 500 employees), small non-profit organizations (those with
fewer that 500 employees), and small governmental entities (those in
areas with fewer than 50,000 residents). The Department has assessed
the potential impact of the Rule and the Assistant Secretary for
Consular Affairs by approving it certifies that it will not have a
significant economic effect on a substantial number of small entities.
It imposes no requirements on such entities.
In addition, pursuant to the Small Business Regulatory Fairness Act
(5 U.S.C. Chapter 8), the Department has screened the Rule and
determined that it is not a ``major rule'', as defined in 5 U.S.C.
804(2). It will not result in an annual effect on the economy of
$100,000 or more; a major increase in cost or prices; or significant
adverse effects on competition, employment, investment, productivity,
innovation, or on the ability of U.S.-based companies in domestic and
export markets.
Paperwork Reduction Act
No new information requirements are contained in this final rule.
Executive Orders 12866 and 12988
This rule is exempt from Executive Order 12866 but has been
reviewed internally by the Department to ensure consistency with the
objectives thereof. This rule also has been reviewed as required by
Executive Order 12988 and determined to be in compliance therewith.
Executive Order 12612
This rule will not have substantial direct effect on the States, on
the relationship between the national government and the States, or on
distribution of power and responsibilities among the various levels of
government. Therefore, in accordance with Executive Order 12612, it is
determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995 (2 U.S.C. 1501 et seq.) and Executive Order 12875.
List of Subjects in 22 CFR Part 42
Aliens, Immigrants, Visas and passports.
In view of the foregoing 22 CFR is amended as follows:
PART 42--[AMENDED]
1. The authority citation for part 42 continues to read:
Authority: 8 U.S.C. 1104.
2. 22 CFR 42.74 is amended by revising paragraph (a) and (b) to
read as follows:
Sec. 42.74 Issuance of new or replacement visas.
(a) New immigrant visa for a special immigrant under INA
101(a)(27)(A) and (B).
(1) The consular officer may issue a new immigrant visa to a
qualified alien entitled to status under INA 101(a)(27)(A) or (B), who
establishes:
(i) That the original visa has been lost, mutilated or has expired,
or
(ii) The alien will be unable to use it during the period of its
validity;
[[Page 4394]]
(2) Provided:
(i) The alien pays anew the statutory application and issuance
fees; and
(ii) The consular officer ascertains whether the original issuing
office knows of any reason why a new visa should not be issued.
(b) Replacement immigrant visa for an immediate relative or for an
alien subject to numerical limitation.
(1) A consular officer may issue a replacement visa under the
original number of a qualified alien entitled to status under INA
201(b)(2)(A)(i), INA 203(a), (b), or (c), or under INA 124, if--
(i) The alien is unable to use the visa during the period of its
validity due to reasons beyond the alien's control;
(ii) The visa is issued during the same fiscal year in which the
original visa was issued;
(iii) The number has not be returned to the Department as a
``recaptured visa number'';
(iv) The alien pays anew the statutory application and issuance
fees; and
(v) The consular officer ascertain whether the original issuing
office of knows of any reason why a new visa should not be issued.
(2) In issuing a visa under this paragraph (b), the consular
officer shall insert the word ``REPLACE'' on Form OF-155A, Immigrant
Visa and Alien Registration, before the word ``IMMIGRANT'' in the title
of the visa.
* * * * *
Dated: December 17, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-1780 Filed 1-28-98; 8:45 am]
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