[Federal Register Volume 59, Number 212 (Thursday, November 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27118]


[[Page Unknown]]

[Federal Register: November 3, 1994]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 40

[Public Notice 2110]

 

Refusal of Diversity Immigrants

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: On March 31, 1994, the Department published a final rule to 
implement the provisions of sections 201(a)(3), 201(e), 203(c) and 
204(a)(1)(G) of the Immigration and Nationality Act, as amended, 
relating to Diversity Immigrants. There was an inadvertent omission in 
that publication. This final rule rectifies that omission by 
promulgating a new section 40.105.

EFFECTIVE DATE: December 5, 1994.

FOR FURTHER INFORMATION CONTACT: Cornelius D. Scully, III, Director, 
Office of Legislation, Regulations, and Advisory Assistance, Bureau of 
Consular Affairs, (202) 663-1184.

SUPPLEMENTARY INFORMATION: Public Notice 1925 at 58 FR 68791, December 
29, 1993, proposed amendments to 22 CFR Parts 40 and 42 to implement 
section 201(a)(3), 201(e), 203(c), 203(e)(2), and 204(a)(1)(G) of the 
Immigration and Nationality Act, as amended, relating to Diversity 
Immigrants. Public Notice 1973 at 59 FR 15298, March 31, 1994, 
published the final rule. The Department has belatedly realized that 
one proposed amendment was not included in the final rule.
    In the proposed amendments the Department included a proposal to 
establish a new Sec. 40.104 incorporating into regulation the statory 
authority to refuse an application for a diversity immigrant visa under 
section 203(c) if the applicant does not meet either the education or 
work experience requirement. Section 203(c)(2) specifies that an alien 
is not eligible to receive a visa under section 203(c) unless he or she 
has either at least a high school education or its equivalent or, 
within the last five years, has had at least two years work experience 
in an occupation requiring at least two years of training or 
experience.
    There is thus a clear statutory mandate to refuse an application 
for a diversity immigrant visa if the applicant does not meet that 
requirement, even though this is couched in terms of eligibility 
requirements that must be met, rather than in terms of a refusal 
ground. For this reason, the Department proposed to add a new section 
40.104 for this purpose. None of the commenters on the proposed 
regulations commented on this proposed new section, presumably because 
it was correctly understood to be merely a technical refinement without 
substantive effect on the interpretation and application of the 
underlying statutory provisions.
    For reasons not now clear, proposed section 40.104 was not included 
in the final rule. Since then the Department has recently promulgated a 
different new section 40.104 in connection with the implementation of 
section 506 of Public Law 103-317, an unrelated provision. As a result, 
the Department is now publishing the text of what was originally 
proposed to be section 40.104 as section 40.105.

List of Subjects in 22 CFR Part 40

    Aliens, Documentation, Immigrants, Refusals, Visas.

    Accordingly, 22 CFR Part 40 is amended as follows:

PART 40--[AMENDED]

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

    Authority: Sec. 104, 66 Stat. 174, 8 U.S.C. 1104; Sec 109(b)(1), 
Sec. 131 of Public Law 101-649, 104 Stat. 4997.

    2. Part 40 is amended by adding a new Sec. 40.105 to subpart K to 
read as follows:


Sec. 40.105  Applicant for immigrant visa under INA 203(c).

    An alien shall be ineligible to receive a visa under INA 203(c) if 
the alien does not have a high school education or its equivalent, as 
defined in 22 CFR 42.33(a)(2), or does not have, within the five years 
preceding the date of application for such visa, at least two years of 
work experience in an occupation which requires at least two years of 
training or experience.

    Dated: October 25, 1994.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 94-27118 Filed 11-2-94; 8:45 am]
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