Documentation of Nonimmigrants Under the Immigration and Nationality Act, as AmendedWaiver by Secretary of State and Attorney General of Passport and/or Visa Requirements for Certain Categories of Nonimmigrants

DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 2926]

Documentation of Nonimmigrants Under the Immigration and

Nationality Act, as Amended--Waiver by Secretary of State and Attorney

General of Passport and/or Visa Requirements for Certain Categories of

Nonimmigrants

AGENCY: Department of State.

ACTION: Interim rule.

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SUMMARY: Current regulations contain a joint Secretary of State/

Attorney General (Secretary/AG) list of waivers of visas and/or

passports for certain nonimmigrants including a provision for nationals

of the British Virgin Islands (BVI) entering the United States (U.S.)

Virgin Islands. This rule extends that provision to include nationals

of the BVI who seek to enter the U.S. mainland temporarily for business

or pleasure through the port-of-entry at St. Thomas, U.S. Virgin

Islands.

DATES: This rule is effective February 18, 1999.

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:

Why Is This Being Done?

The U.S. consulate at St. Johns, Antigua, is one of a number of

small posts the State Department has closed in recent years for

budgetary reasons. This has created a serious inconvenience for

nationals of the BVI who, if they wished to visit the United States,

have had to apply for a nonimmigrant visa by either going to Barbados,

the nearest consular office, or applying by mail which is time-

consuming. The BVI government asked that some ameliorating action be

taken if possible. The Department and the Immigration and

Naturalization Service (INS), after a joint study, decided that waiving

the nonimmigrant visa for visitors for business and pleasure was the

most appropriate way to ease the situation and still maintain the

safeguards of the Immigration and Nationality Act (INA).

What Is the Legal Basis for This Action?

Section 212(d)(4) of the INA provides that the Secretary and AG may

jointly waive visa and/or passport requirements on the basis of

reciprocity for nationals of foreign contiguous territories or adjacent

islands and residents thereof who have a common nationality with such

nationals. That is the basis for the current regulations at 22 CFR 41.2

and for their expansion with this rule.

What Is the Difference Between This and What Is Now in the

Regulations?

The current regulation only permits the entry of BVI nationals not

in possession of a valid visitor's visa into the U.S. Virgin Islands.

If they wish to enter any other part of the United States, they must

not only have a passport, but also a visa. This amendment will permit

visitors for business or pleasure, that is, persons described in INA

101(a)(15)(B), to enter without a visa if they meet certain other

requirements. They must have a Certificate of Good Character issued by

the Royal Virgin Islands Police Department, must leave through the port

of St. Thomas by air directly for the United States, and must satisfy

the immigration officer at that pre-inspection station that they are

admissible in all respects. A BVI national wishing to enter the United

States for any other purpose as a nonimmigrant must have a nonimmigrant

visa. See the Immigration and Naturalization Service rule published

elsewhere in this issue of the Federal Register.

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).

It provides a benefit to the persons affected and thus to U.S.

businesses patronized by them. It also provides a significant workload

reduction for the Department. Delay of

[[Page 7999]]

the benefit for public notice and comment is unnecessary.

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.

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

This rule will eliminate certain paperwork requirements, rather

than adding to them.

List of Subjects in 22 CFR Part 41

Aliens, Nonimmigrants, Passports and 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 41.2(f) is revised to read as follows:

* * * * *

Sec. 41.2 Waiver by Secretary of State and Attorney General of

passport and/or visa requirements for certain categories of

nonimmigrants.

(f) Nationals and residents of the British Virgin Islands.

(1) A national of the British Virgin Islands and resident therein

requires a passport but not a visa if proceeding to the United States

Virgin Islands.

(2) A national of the British Virgin Islands and resident therein

requires a passport but does not require a visa to apply for entry into

the United States if such applicant:

(i) Is proceeding by aircraft directly from St. Thomas, U.S. Virgin

Islands;

(ii) Is traveling to some other part of the United States solely

for the purpose of business or pleasure as described in INA

101(a)(15)(B);

(iii) Satisfies the examining U.S. Immigration officer at that port

of entry that he or she is admissible in all respects other than the

absence of a visa; and

(iv) Presents a current Certificate of Good Conduct issued by the

Royal Virgin Islands Police Department indicating that he or she has no

criminal record.

* * * * *

Dated: November 2, 1998.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 99-3983 Filed 2-17-99; 8:45 am]

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