Visas: Regulations Pertaining to Nonimmigrants and Immigrants Under the Immigration and Nationality Act, as Amended

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 40 and 41

[Public Notice 2312]

Visas: Regulations Pertaining to Nonimmigrants and Immigrants

Under the Immigration and Nationality Act, as Amended

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: On March 4, 1995, the President, as part of the

Administration's regulatory reinvention initiative, directed all heads

of departments and agencies, inter alia, to conduct a page-by-page

review of all regulations and to ``eliminate or revise those that are

outdated or otherwise in need of reform.'' (Memorandum for Heads of

Departments and Agencies, Regulatory Reinvention Initiative, March 4,

1995.) In response, the Visa Office of the Department of State has

undertaken a review of its visa regulations to determine whether they

may be eliminated, shortened, or rewritten in a more understandable

fashion.

EFFECTIVE DATES: January 24, 1996.

FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation

and Regulations Division, Visa Office, (202) 663-1204.

SUPPLEMENTARY INFORMATION: The President has directed each agency to

undertake a review of its regulations for the purpose of reducing the

regulations or, when possible, rendering them more readable and

comprehensible. The Visa Office of the Department of State has engaged

in a thorough line-by-line review of all visa related regulations in

parts 40 through 45 and part 47 of Title 22 of the Code of Federal

Regulations. As a result, the Visa Office is proposing various

amendments to the regulations consistent with the President's

directive. The Visa Office is also using this opportunity to make other

necessary changes to the regulations. The Visa Office will be

publishing the proposed changes in a series of publications.

Editing

This rule makes editorial changes to two sections in 22 CFR Part 40

and to five sections in Part 41.

Part 40 Amendments

The amendment to Sec. 40.62 changes the section by incorporating

the statutory period of time one must

[[Page 1833]]

remain outside the U.S. following deportation by specific reference to

the statute rather than by repeating the statutory language which the

regulation currently does.

The amendment to Sec. 40.93 will ensure that it accurately reflects

INA 212(a)(9)(C) as amended by sec. 307 of the Miscellaneous and

Technical Immigration and Naturalization Amendments of 1991 (Pub. L.

102-232) Dec. 12, 1991.

Part 41 Amendments

This rule amends Secs. 41.53, 41.54, 41.55, 41.56 and 41.57,

relating to H, L, O, P, and Q visas. As these business visa

classifications require the approval of a petition by the Immigration

and Naturalization Service, the Department's regulatory structure at 22

CFR part 41 is similar for each of these classifications. The

amendments shorten each regulation by making reference to official

evidence of approval of status by the INS rather than identifying

specific types of evidence, such as petitions, approval notices, etc.,

which reflect approval status.

Final Rule

Because the changes to 22 CFR made by this rule are editorial and

non substantive, it has, been determined that notice and public comment

are unnecessary. This rule, therefore, meets the good cause exception

under 5 U.S.C. 553(b)(B) and is being published as a final rule.

This rule is not considered to have a significant impact on a

substantial number of small entities under the criteria of the

Regulatory Flexibility Act. This rule imposes no reporting or record

keeping requirements on the public requiring the approval of the Office

of Management and Budget under the Paperwork Reduction Act. This rule

has been reviewed as required by E.O. 12778 and certified to be in

compliance therewith. It is exempt from E.O. 12866 but has been

reviewed and found to be consistent therewith.

List of Subjects in 22 CFR Parts 40 and 41

Aliens, Nonimmigrants, Immigrants, Ineligibilities, Visas and

passports.

Proposed Regulations

In view of the foregoing, title 22 of the Code of Federal

Regulations subchapter E--parts 40, and 41 are amended to read as

follows.

PART 40--[AMENDED]

1. The authority citation for part 40 continues to read:

Authority: 8 U.S.C. 1104.

2. Part 40 is amended by revising Sec. 40.62 to read as follows:

Sec. 40.62 Certain aliens arrested and deported.

An alien who was arrested and deported from the United States under

INA 212(a)(6)(B) shall not be issued a visa unless the alien has

complied with the time limitations therein or has obtained permission

from the Immigration and Naturalization Service to reapply for

admission to the United States.

3. Section 40.93 is revised to read as follows:

Sec. 40.93 International child abduction.

An alien who would otherwise be ineligible under INA

212(a)(9)(C)(i) shall not be ineligible under such paragraph if the

U.S. citizen child in question is physically located in a foreign state

which is party to the Hague Convention on the Civil Aspects of

International Child Abduction.

PART 41--[AMENDED]

4. The authority citation for part 41 continues to read:

Authority: 8 U.S.C. 1104.

5. Part 41 is revised by amending paragraph (a) of Sec. 41.53 to

read as follows:

Sec. 41.53 Temporary Workers and Trainees.

(a) Requirements for H classification. An alien shall be

classifiable under INA 101(a)(15)(H) if:

(1) The consular officer is satisfied that the alien qualifies

under that section; and either

(2) With respect to the principal alien, the consular officer has

received official evidence of the approval by INS of a petition to

accord such classification or of the extension by INS of the period of

authorized entry in such classification; or

(3) The consular officer is satisfied the alien is the spouse or

child of an alien so classified and is accompanying or following to

join the principal alien.

* * * * *

6. Section 41.54 is amended by revising paragraph (a) to read as

follows:

Sec. 41.54 Intracompany transferees (executives, managers, and

specialists).

(a) Requirements for L classification. An alien shall be

classifiable under the provisions of INA 101(a)(15)(L) if:

(1) The consular officer is satisfied that the alien qualifies

under that section; and either

(2) In the case of an individual petition, the consular officer has

received official evidence of the approval by INS of a petition to

accord such classification or of the extension by INS of the period of

authorized stay in such classification; or

(3) In the case of a blanket petition, the alien has presented to

the consular officer official evidence of the approval by INS of a

blanket petition

(i) listing only those intracompany relationships and positions

found to qualify under INA 101(a)(15)(L) or

(ii) to accord such classification to qualified aliens who are

being transferred to qualifying positions identified in such blanket

petition; or

(4) The consular officer is satisfied the alien is the spouse or

child of an alien so classified and is accompanying or following to

join the principal alien.

* * * * *

7. Section 41.55 is amended by revising paragraph (a) introductory

text, (a)(1) and (2) to read as follows:

Sec. 41.55 Aliens with extraordinary ability.

(a) Requirements for O classification. An alien shall be

classifiable under the provisions of INA 101(a)(15)(O) if:

(1) The consular officer is satisfied that the alien qualifies

under the provisions of that section; and either

(2) With respect to the principal alien, the consular officer has

received official evidence of the approval by INS of a petition to

accord such classification or of the extension by INS of the period of

authorized stay in such classification; or

* * * * *

8. Section 41.56 is amended by revising paragraph (a) introductory

text, (a) (1) and (2) to read as follows:

Sec. 41.56 Athletes, artists, and entertainers.

(a) Requirements for P classification. An alien shall be

classifiable under the provisions of INA 101(a)(15)(P) if:

(1) The consular officer is satisfied that the alien qualifies

under the provisions of that section; and either

(2) With respect to the principal alien, the consular officer has

received official evidence of the approval by INS of a petition to

accord such classification or of the extension by INS of the period of

authorized stay in such classification; or

* * * * *

9. Section 41.57 is amended by revising paragraph (a)(2) and

paragraph (c) to read as follows, and by deleting paragraph (a)(3).

Sec. 41.57 International cultural exchange visitors.

(a) * * *

(2) The consular officer has received official evidence of the

approval by INS of a petition or the extension by INS of

[[Page 1834]]

the period of authorized stay in such classification.

* * * * *

(b) * * *

(c) Validity of Visa. The period of validity of a visa issued on

the basis of paragraph (a) of this section must not exceed the period

indicated in the petition, notification, or confirmation required in

paragraph (a)(2) of this section.

Dated: December 14, 1995.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96-1011 Filed 1-23-96; 8:45 am]

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