DOS on Fee Waiver for Individuals Engaged in Charitable Activities
[Rules and Regulations]
[Page 24107-24108]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my98-5]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice 2793]
Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended--Fees for Application and Issuance of Nonimmigrant Visas
AGENCY: Department of State.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule results from a recent amendment to the law. It permits the Secretary of State to waive the visa fees for a nonimmigrant alien who will be engaged in charitable activities in the United States, subject to criteria the Secretary sets up. This provision became effective on the date of enactment. This rule implements that amendment.
DATES: This interim rule is effective May 1, 1998. Written comments are invited and must be received on or before June 30, 1998.
ADDRESSES: Written comments may be submitted, in duplicate, to the Chief, Legislation and Regulations Division, Visa Services, Department of State, Washington, D.C. 20520-0106.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and Regulations Division, Visa Services, Department of State, Washington, D.C. 20520-0106, (202) 663-1204.
SUPPLEMENTARY INFORMATION: Section 2 of Pub. L. 105-54 of October 7, 1997, amended section 281 of the Immigration and Nationality Act, as amended, (INA), by adding a sentence providing for the waiver or reduction of nonimmigrant visa fees under certain circumstances for aliens coming to the United States to engage in charitable activities.
Current rules relating to nonimmigrant visa fees are contained in 22 CFR 41.107 subsection (c) which describes certain aliens exempted from fees. This rule expands that subsection to include those individuals who are coming primarily for charitable purposes or for purposes related thereto. As Senator Abraham (a co-sponsor) stated in the Senate discussion of the amendment of INA 281, ``It is not in the U.S. interest to impose fees that inhibit or otherwise burden individuals who seek to help our communities.'' It is in this spirit underlying the legislation that this interim rule has been developed.
The statute provides that the waiver or reduction of fees for application and issuance of a nonimmigrant visa is subject to criteria prescribed by the Secretary of State, including the duration of stay and the financial burden upon the charitable organization.In keeping with that injunction, it is deemed appropriate to require prospective beneficiary charitable organizations to request the relief to be provided because of the financial burden and to furnish sufficient information to establish that the alien(s) concerned will be engaged in activities which motivated the
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enactment of this provision. The request should be furnished in writing, inter alia to provide documentation reconciling the number of visas issued with the lesser amount of fees collected.
Thus, the current text of 22 CFR 41.107(c) will become ``(c)(1)'' and a new (c)(2) will set forth the data required to support the waiver of the fees. These include, in (c)(2)(i), disclosure of whether the organization, if U.S.-based, is tax exempt as a charitable organization under 26 U.S.C. 501(c) or, if foreign, is equivalently recognized as a charitable organization in the country in which based. Section 41.107(c)(2)(ii) requires that the activities in which the alien(s) will engage will be charitable in nature, providing assistance to the poor and needy including, but not limited to, those activities identified in the legislation. Section 41.107(c)(2)(iii) requires such identifying information as the location in which the services will be provided and the number of and identifying data regarding each of the alien(s) concerned. Finally, Sec. 41.107(c)(2)(iv) seeks data on the proposed duration of the temporary stay of the alien(s) in the United States, which should be commensurate with both the classification in which the alien(s) will be applying and the purposes for which the alien(s) will be entering the United States.
Regulatory Analysis and Notices
Interim Rule
The implementation of this rule as an interim rule, with a 60-day provision for post-promulgation public comments, is based on the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). The provision of law being implemented became effective on enactment on October 7, 1997. It provides a benefit to institutions that it is in the interest of the United States as determined by Congress to benefit. Delay of the benefit for public notice and comment is unnecessary and inconsistent with the intent of the law.
The Regulatory Flexibility Act
Pursuant to Sec. 605 of the Regulatory Flexibility Act, the Department has assessed the potential impact of this rule, and the Assistant Secretary for Consular Affairs hereby certifies, that it is not expected to have a significant economic impact on a substantial number of small entities and will benefit those that are charitable organizations.
E.O. 12988 and E.O. 12866
This rule has been reviewed as required under E.O. 12998 and determined 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 therewith. The rule does not directly affect states or local governments or Federal relationships and does not create unfunded mandates.
5 U.S.C. Chapter 8
As required by 5 U.S.C., chapter 8, the Department has screened this rule and determined that it is not a major rule, as defined in 5 U.S.C. 80412.
Paperwork Reduction Act
While charitable organizations requesting this benefit will have to apply with information matching their situation to legal requirements, that information will be used for agency decisions on individual visas and not used for public dissemination or statistical purposes.
List of Subjects in 22 CFR Part 41
Aliens, Nonimmigrants, Passports, Visas.
In view of the foregoing, 22 CFR part 41 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 41.107 is amended by redesignating paragraph (c) as paragraph (c)(1) and adding a new paragraph (c)(2) to read as follows:
Sec. 41.107 Visa fees.
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(c) * * *
(2) The consular officer shall waive the nonimmigrant visa application and issuance fees for an alien who will be engaging in charitable activities for a charitable organization upon the written request of the charitable organization claiming that it will find the fees a financial burden, if the consular officer is satisfied that:
(i) The organization seeking relief from the fees is, if based in the United States, tax-exempt as a charitable organization under the provisions of section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)); if a foreign organization based outside the United States, it establishes that it is recognized as a charitable institution by the government of the country in which it is based under criteria substantially similar to those of section 501(c)(3), and
(ii) The charitable activities in which the alien will engage are specified and will be a part of, or will be related to and in support of, the organization's provision of services, including but not limited to health care, food and housing, job training, and similar direct services and assistance to the poor and needy, and
(iii) The request includes the location of the proposed activities, the number and identifying data of each of the alien(s) who will be applying for visas, and
(iv) The proposed duration of the alien(s)'s temporary stay in the United States is reasonably consistent with the charitable purpose for which the alien(s) seek to enter the United States.
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Dated: April 15, 1998.Donna J. Hamilton,
Acting Assistant Secretary for Consular Affairs.
[FR Doc. 98-11533 Filed 4-30-98; 8:45 am]
BILLING CODE 4710-06-P