Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Validity of Nonimmigrant Visas

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2538]

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: The Department has been developing for a number of years a

machine-readable nonimmigrant visa (MRV). The MRV is a durable, long-

lasting adhesive foil designed to improve security and protect against

counterfeiting. MRVs are affixed in passports and contain: specific

biographic data on the bearer, a digitized photograph of the alien, and

specially encoded machine-readable data. MRVs are now being used

exclusively at consular posts abroad, having replaced old-style

mechanically-stamped visas. The Department, therefore, is modifying

regulatory language to comport with the new MRV technology.

The Department also is removing an obsolete regulation relating to

the issuance of visas on official identity cards produced under the

auspices of the International Olympic Committee (IOC).

DATES: This rule is effective May 5, 1997.

ADDRESSES: Chief, Legislation and Regulations Division, Visa Office,

Department of State, 2401 E Street, NW, 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: The practice of placing United States visas

into foreign passports has progressed through three stages, the use of

a simple hand stamp, to a machine-driven automated stamp, and now, to a

more sophisticated machine readable visa technology that provides

greater security and anti-counterfeiting features. As a result of the

new MRV technology, a number of visa issuance procedures codified in

the Department's regulations at 22 CFR 41.113 have become outmoded, or

need updating.

Machine Readable Visas (MRVs)

Section 4604 of the Anti-Drug Abuse Act of 1988, (Pub. L. 100-690),

enacted

[[Page 24333]]

November 18, 1988, mandated the development of a machine-readable

travel and identity document to improve border entry and departure

control using an automated data-capture system. As a result, the

Department developed the Machine Readable Visa, a durable, long-lasting

adhesive foil made out of Teslin.

Before MRVs, nonimmigrant visas were issued using a device called a

Standard Register protectograph, otherwise known as a Burroughs

certifier machine. It produced what was colloquially known as a

``Burroughs visa,'' an indelible ink impression mechanically stamped

directly onto a page in the alien's passport. Over time, Burroughs

machines were gradually replaced by MRV technology, which is now used

exclusively by all nonimmigrant visa issuing posts throughout the

world.

22 CFR 41.113(a) prescribes that a nonimmigrant visa shall be

evidenced by a ``stamp'' placed in the alien's passport. 22 CFR

41.113(d) defines the format that the ``visa stamp'' is to take.

Accordingly, the Department is modifying 22 CFR 41.113(d) to encompass

within the meaning of ``visa stamp'' the Machine Readable Visa foil. 22

CFR 41.113(d) is also being redsignated herein as 22 CFR 41.113(c), as

explained below.

Cessation of Indefinite Visa Validity for ``B'' Visas

Prior to MRV technology, Burroughs visas were issued to alien

visitors for indefinite validity periods whenever an enabling

reciprocal arrangement was established between the United States and a

particular foreign government. Because a Burroughs visa would last for

the life of the passport containing it, consular officers were

authorized to issue, where appropriate, a nonimmigrant visitor visa

with an indefinite validity period. MRVs, however, have a lifespan of

ten years. Consequently, in anticipation of replacing Burroughs visas

with MRVs, the Department instructed all posts, effective April 4,

1994, to cease issuing visitor visas with indefinite validity. The

maximum validity for a nonimmigrant visa is now ten years.

22 CFR 41.113(c) refers to the issuance of indefinite validity

visas. Since this provision has been rendered obsolete with the

introduction of MRV technology, it is being eliminated. Accordingly, 22

CFR 41.113(d) is being redesignated as 22 CFR 41.113(c).

22 CFR 41.113(f), which makes reference to indefinite validity, is

being amended and redesignated as 22 CFR 41.113(e).

Elimination of the ``Bearer(s)'' Annotation

Burroughs visas contained a space in which a consular employee was

required to write the name of the alien to whom the visa was being

issued. An alien's passport might also include family members, such as

a spouse, or children, who also had to be listed on the visa. In March

1983, in order to expedite the issuance of nonimmigrant visas and to

improve operational efficiency, the Department authorized the use of a

``bearer(s)'' stamp for certain countries so that consular officers

would not have to spend time writing in the applicant's name (and those

of accompanying family members). MRVs, however, must be issued

individually to qualified aliens. Consequently, the ``bearer''

annotation has become obsolete.

22 CFR 41.113(e) is being redesignated as 22 CFR 41.113(d), and is

being amended to remove procedures relating to the ``bearer''

annotation, and to reflect changes in terminology brought about by MRV

technology.

Elimination of Signature Requirement

As a result of the enhanced security afforded by MRVs, the

signature requirement at 22 CFR 41.113(h) is being eliminated and 22

CFR 41.113 (i) and (j) are being redesignated as 22 CFR 41.113 (h) and

(i), respectively.

Restriction to Specific Port of Entry

22 CFR 41.113(g) is redesignated as 22 CFR 41.113(f) and is

modified to reflect changes to that section brought about by the new

MRV technology.

Elimination of Special Regulations for International Games

The Department is removing its regulation at 22 CFR 41.113(k)

relating to international sporting events. The regulation was created

to facilitate the issuance of United States visas on official identity

cards issued under the auspices of the International Olympic Committee

(IOC); however, it has never been used, and the Department believes it

unlikely that it ever will be.

Under 41.113(k)(2), in order to be recognized as a valid travel

document (see INA 101(a)(30) and 212(a)(7)(B)(i)(I)), an IOC-issued

identity card requires the signature of a competent authority of the

participating government signifying that the bearer of the card will be

permitted reentry rights for up to six months beyond the expiration

date of the card. In practice, the above requirement has never been

satisfied for any international sporting event for which it was

designed, chiefly because of the enormous administrative difficulty in

securing authorization from participating governments for the use of an

OIC-issued card as a valid travel document. Since the regulation has no

apparent practical applicability, it is being eliminated.

Conclusion

In light of the foregoing, the Department is amending part 41 of

Title 22 CFR of the Code of Federal Regulations to comport with the use

of the machine-readable visa. The Department's regulations are,

therefore, being amended to reflect the use of the MRV, to eliminate

the use of the ``bearer(s)'' annotation, to limit the maximum validity

of nonimmigrant visas to a maximum of ten years, and to remove the

requirement of the consular officer's signature.

Final Rule

The introduction of the machine readable visa has necessitated

changes in the Department's procedural regulations at 22 CFR 41.113.

The implementation of this rule as a final rule, rather than a

proposed rule, is based upon the ``good cause'' exceptions established

by 5 U.S.C. 553(b)(B) and 553(d)(3). This rule grants or recognizes an

exemption or relieves a restriction and is 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 (15 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 41.113 is amended by removing paragraphs (c), (h), and

(k) and redesignating paragraphs (d) through (g), (i) and (j) as

paragraphs (c) through (h), and revising paragraphs (a), (b), and newly

designated paragraphs (c) through (f) to read as follows:

[[Page 24334]]

Sec. 41.113 Procedures in issuing visas.

(a) Visa evidenced by stamp placed in passport. Except as provided

in paragraphs (b) of this section, a nonimmigrant visa shall be

evidenced by a visa stamp placed in the alien's passport. The

appropriate symbol as prescribed in 41.12 , showing the classification

of the alien, shall be entered on the visa.

(b) Cases in which visa not placed in passport. In the following

cases the visa shall be placed on the prescribed Form OF-232. In

issuing such a visa, a notation shall be made on the Form OF-232 on

which the visa is placed specifying the pertinent subparagraph of this

paragraph under which the action is taken.

(1) The alien's passport was issued by a government with which the

United States does not have formal diplomatic relations, unless the

Department has specifically authorized the placing of the visa in such

passport;

(2) The alien's passport does not provide sufficient space for the

visa;

(3) The passport requirement has been waived; or

(4) In other cases as authorized by the Department.

(c) Visa stamp. A machine-readable nonimmigrant visa foil, or other

indicia as directed by the Department, shall constitute a visa

``stamp,'' and shall be in a format designated by the Department, and

contain, at a minimum, the following data:

(1) Full name of the applicant;

(2) Visa type/class;

(3) Location of the visa issuing office;

(4) Passport number;

(5) Sex;

(6) Date of birth;

(7) Nationality;

(8) Number of applications for admission or the letter ``M'' for

multiple entries;

(9) Date of issuance;

(10) Date of expiration;

(11) Visa control number.

(d) Insertion of name; petition and derivative status notation. (1)

The surname and given name of the visa recipient shall be shown on the

visa in the space provided.

(2) If the visa is being issued upon the basis of a petition

approved by the Attorney General, the number of the petition, if any,

the period for which the alien's admission has been authorized, and the

name of the petitioner shall be reflected in the annotation field on

the visa.

(3) In the case of an alien who derives status from a principal

alien, the name and position of the principal alien shall be reflected

in the annotation field of the visa.

(e) Period of validity. If a nonimmigrant visa is issued for an

unlimited number of applications for admission within the period of

validity, the letter ``M'' shall be shown under the word ``entries''.

Otherwise the number of permitted applications for admission shall be

identified numerically. The date of issuance and the date of expiration

of the visa shall be shown at the appropriate places in the visa by

day, month and year in that order. The standard three letter

abbreviation for the month shall be used in all cases.

(f) Restriction to specified port of entry. If a nonimmigrant visa

is valid for admission only at one or more specified ports of entry,

the names of those ports shall be entered in the annotation field. In

cases where there is insufficient room to list the ports of entry, they

shall be listed by hand on a clean passport page. Reference shall be

made in the visa's annotation field citing the passport page upon which

the ports are listed.

(g) Delivery of visa and disposition of Form OF-156. In issuing a

nonimmigrant visa, the consular officer shall deliver the visaed

passport, or the prescribed Form OF-232, which bears the visa, to the

alien or, if personal appearance has been waived, to the authorized

representative. The executed Form OF-156, Nonimmigrant Visa

Application, and any additional evidence furnished by the alien in

accordance with 41.103(b) shall be retained in the consular files.

(h) Disposition of supporting documents. Original supporting

documents furnished by the alien shall be returned for presentation, if

necessary, to the immigration authorities at the port of entry, and a

notation to that effect shall be made on the Form OF-156. Duplicate

copies may be retained in the consular files.

Dated: April 22, 1997.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 97-11519 Filed 5-2-97; 8:45 am]

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