[Federal Register Volume 60, Number 218 (Monday, November 13, 1995)]
[Proposed Rules]
[Pages 56961-56962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27871]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 60, No. 218 / Monday, November 13, 1995 / 
Proposed Rules  

[[Page 56961]]


DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 42

[Public Notice 2284]


Visas: Documentation of Immigrants Under the Immigration and 
Nationality Act as Amended

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Notice of proposed rule.

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SUMMARY: This notice proposes certain amendments to the regulations 
implementing the Diversity Immigrant Visa Program provided for in 
sections 201(a)(3), 201(e), 203(c), and 204(a)(1)(G) of the Immigration 
and Nationality Act, as amended. In order to enhance the Department's 
ability to combat fraudulent practices in this program, the Department 
proposes to require aliens seeking to compete for immigration under the 
program to sign their petitions for consideration and to furnish a 
photograph with their petitions. Also the Department is adding a 
provision to authorize collection of a processing fee from those 
petitioners selected for further processing.

DATES: Written comments must be received on or before December 13, 
1995.

ADDRESSES: Interested persons are invited to submit comments in 
duplicate to: Director, Office of Legislation, Regulations, and 
Advisory Assistance, Visa Office, Department of State, Washington, DC, 
20522-0113.

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

SUPPLEMENTARY INFORMATION: During the processing of the immigrant visa 
applications of aliens selected to compete for an immigrant visa in the 
Fiscal Year 1995 Diversity Immigrant Visa Program, several consular 
sections encountered cases in which the visa applicant was proven, or 
strongly suspected, to be an impostor--that is, not the individual who 
had submitted the petition which had been selected. In order to deter 
such abuses, the Department proposes to modify the provisions of 
Sec. 42.33(b)(1), Form of Petition, to require aliens competing for 
immigration under the Diversity Immigrant Visa Program to sign their 
petitions and affix thereto a photograph of the kind which is required 
to be affixed to Form OF-156, the Nonimmigrant Visa Application.
    The photograph must be recent and must be 1 and \1/2\ inches square 
(37mm x 37mm). The petitioner must clearly print his or her name on the 
reverse of the photograph.
    This proposed new requirement is intended to apply to petitions 
submitted early in Calendar Year 1996 by aliens seeking consideration 
to compete for visa issuance under the Diversity Immigrant Visa Program 
during Fiscal Year 1997 (October 1, 1996 to September 30, 1997).
    The Department also proposes to add to Sec. 42.33 a new paragraph 
(i) to authorize collection of a processing fee from each Diversity 
Immigrant visa applicant, in addition to the immigrant visa application 
and issuance fees which are collected from all immigrant visa 
applicants to cover the cost of the visa lottery. The Department has 
not yet determined the amount of the fee to be charged which will 
depend on a thorough cost analysis. The Department, however, seeks to 
amend the applicable regulations to permit collection of the fee should 
the decision be made that charging such a fee is necessary. If it 
should be so decided to do so, there will be a separate rulemaking 
process in the form of a proposal to amend the Department's Tariff of 
Fees set forth in Part 22 of this Title.
    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. In addition, this rule would not impose 
information collection requirements under the provisions of the 
Paperwork Reduction Act of 1980. This rule has been reviewed as 
required under E.O. 12778 and certified 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 with the objectives 
thereof.

List of Subjects in 22 CFR Part 42

    Aliens, Documentation, Immigrants, Passports and visas.

    It is proposed to amend 22 CFR Part 42 as follows:

PART 42 --[AMENDED]

    1. The authority citation for Part 42 would continue to read:

    Authority: 8 U.S.C. 1104.

    2. Section 42.33 is amended by revising paragraph (b)(1) and, by 
adding paragraph (i) to read as follows:


Sec. 42.33  Diversity immigrants.

* * * * *

    (b) Petition for Consideration.- (1) Form of Petition. An alien 
claiming to be entitled to compete for consideration under INA 203(c) 
shall file a petition for such consideration. The petition shall 
consist of a sheet of paper on which shall be typed or legibly printed 
in the Roman alphabet the petitioner's name; date and place of birth 
(including city and county, province or other political subdivision, 
and country); the country of which the alien claims to be a native, if 
other than the country of birth; name(s) and date(s) and place(s) of 
birth of spouse and child(ren), if any, a current mailing address and 
location of consular office nearest to current residence or, if in the 
United States, nearest to last foreign residence prior to entry into 
the U.S. The alien shall affix his or her signature to the sheet of 
paper, using his or her usual signature. The alien shall also affix to 
the sheet of paper a recent photograph of himself or herself. The 
photograph shall be 1 and 1/2 inches square (37mm x 37mm) and the alien 
shall clearly print his or her name on the reverse of the photograph 
before affixing the photograph to the sheet of paper.
* * * * *
    (i) Processing Fee. In addition to collecting the immigrant visa 
application and, if applicable, issuance fees, as provided in 
Sec. 42.71(b) of this part, the consular officer shall also collect 
from each applicant for a visa under the Diversity Immigrant Visa 
Program such processing fee as the Secretary of State shall prescribe.

 
[[Page 56962]]

    Dated: November 5, 1995.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 95-27871 Filed 11-9-95; 8:45 am]
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