DOS Implements Pub. L. 104-208 Reciprocity Change
[Rules and Regulations]
[Page 24331-24332]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05my97-4]
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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
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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.
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(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.
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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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