DOS Notice on Diversity Visa Program
[Proposed Rules]
[Page 56961-56962]
[[Page 56961]]
Bureau of Consular Affairs
22 CFR Part 42
[Public Notice 2284]
Visas: Documentation of Immigrants Under the Immigration and Nationality Act as Amended
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Notice of proposed rule.
SUMMARY: This notice proposes certain amendments to the regulations implementing the Diversity Immigrant Visa Program provided for in sections 201(a)(3), 201(e), 203(c), and 204(a)(1)(G) of the Immigration and Nationality Act, as amended. In order to enhance the Department's ability to combat fraudulent practices in this program, the Department proposes to require aliens seeking to compete for immigration under the program to sign their petitions for consideration and to furnish a photograph with their petitions. Also the Department is adding a provision to authorize collection of a processing fee from those petitioners selected for further processing.
DATES: Written comments must be received on or before December 13, 1995.
ADDRESSES: Interested persons are invited to submit comments in duplicate to: Director, Office of Legislation, Regulations, and Advisory Assistance, Visa Office, Department of State, Washington, DC, 20522-0113.
FOR FURTHER INFORMATION CONTACT: Cornelius D. Scully, III, Director, Office of Legislation, Regulations, and Advisory Assistance, Bureau of Consular Affairs, Department of State, (202) 663-1184.
SUPPLEMENTARY INFORMATION: During the processing of the immigrant visa applications of aliens selected to compete for an immigrant visa in the Fiscal Year 1995 Diversity Immigrant Visa Program, several consular sections encountered cases in which the visa applicant was proven, or strongly suspected, to be an impostor-- that is, not the individual who had submitted the petition which had been selected. In order to deter such abuses, the Department proposes to modify the provisions of Sec. 42.33(b)(1), Form of Petition, to require aliens competing for immigration under the Diversity Immigrant Visa Program to sign their petitions and affix thereto a photograph of the kind which is required to be affixed to Form OF-156, the Nonimmigrant Visa Application. The photograph must be recent and must be 1 and \1/2\ inches square (37mm x 37mm). The petitioner must clearly print his or her name on the reverse of the photograph.
This proposed new requirement is intended to apply to petitions submitted early in Calendar Year 1996 by aliens seeking consideration to compete for visa issuance under the Diversity Immigrant Visa Program during Fiscal Year 1997 (October 1, 1996 to September 30, 1997). The Department also proposes to add to Sec. 42.33 a new paragraph (i) to authorize collection of a processing fee from each Diversity Immigrant visa applicant, in addition to the immigrant visa application and issuance fees which are collected from all immigrant visa applicants to cover the cost of the visa lottery. The Department has not yet determined the amount of the fee to be charged which will depend on a thorough cost analysis. The Department, however, seeks to amend the applicable regulations to permit collection of the fee should the decision be made that charging such a fee is necessary. If it should be so decided to do so, there will be a separate rulemaking process in the form of a proposal to amend the Department's Tariff of Fees set forth in Part 22 of this Title.
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. In addition, this rule would not impose information collection requirements under the provisions of the Paperwork Reduction Act of 1980. This rule has been reviewed as required under E.O. 12778 and certified to be in compliance therewith. This rule is exempt from review under E.O. 12866, but has been reviewed internally by the Department to ensure consistency with the objectives thereof.
List of Subjects in 22 CFR Part 42
Aliens, Documentation, Immigrants, Passports and visas.
It is proposed to amend 22 CFR Part 42 as follows:
PART 42 --[AMENDED]
1. The authority citation for Part 42 would continue to read:
Authority: 8 U.S.C. 1104.
2. Section 42.33 is amended by revising paragraph (b)(1) and, by adding paragraph (i) to read as follows:
Sec. 42.33 Diversity immigrants.
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(b) Petition for Consideration.- (1) Form of Petition. An alien claiming to be entitled to compete for consideration under INA 203(c) shall file a petition for such consideration. The petition shall consist of a sheet of paper on which shall be typed or legibly printed in the Roman alphabet the petitioner's name; date and place of birth (including city and county, province or other political subdivision, and country); the country of which the alien claims to be a native, if other than the country of birth; name(s) and date(s) and place(s) of birth of spouse and child(ren), if any, a current mailing address and location of consular office nearest to current residence or, if in the United States, nearest to last foreign residence prior to entry into the U.S. The alien shall affix his or her signature to the sheet of paper, using his or her usual signature. The alien shall also affix to the sheet of paper a recent photograph of himself or herself. The photograph shall be 1 and 1/2 inches square (37mm x 37mm) and the alien shall clearly print his or her name on the reverse of the photograph before affixing the photograph to the sheet of paper.
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(i) Processing Fee. In addition to collecting the immigrant visa application and, if applicable, issuance fees, as provided in Sec. 42.71(b) of this part, the consular officer shall also collect from each applicant for a visa under the Diversity Immigrant Visa Program such processing fee as the Secretary of State shall prescribe.
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Dated: November 5, 1995.Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 95-27871 Filed 11-9-95; 8:45 am]
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