[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Rules and Regulations]
[Pages 56438-56439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28185]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 41
[Public Notice 2455]
Documentation of Nonimmigrants and Immigrants Under the
Immigration and Nationality Act, as Amended--Place of Application
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Final rule.
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SUMMARY: This final rule amends the regulation by allowing the Deputy
Assistant Secretary to designate the geographical areas over which
consular offices have jurisdiction to process nonimmigrant visas.
Consequently, an alien may now be authorized to apply at any
nonimmigrant visa issuing office within the territory of the country of
the alien's residence.
EFFECTIVE DATE: The effective date of this final rule is December 2,
1996.
FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation
and Regulations Division, 202-663-1204.
SUPPLEMENTARY INFORMATION: Current Department of State regulations
concerning the place of application for aliens seeking issuance of a
nonimmigrant visa require that the applicant apply for a visa at the
consular office in the consular district in which the alien resides (or
in the case of a resident of Taiwan, at the American Institute in
Taiwan) unless
(1) the alien is physically present in the United States and can
apply to the Visa Office for the issuance or reissuance of a visa under
22 CFR 41.111(b); or
(2) the consular officer in a country where the alien is physically
present has agreed to accept the alien's visa application either as a
matter of discretion or at the direction of the Department.
This new regulation introduces greater flexibility in designating
the jurisdictional consular office for nonimmigrant processing. To
address resource reductions in some countries, the Department needs
flexibility in managing its visa workload and has centralized and
consolidated visa services in specific consular offices. The
consolidation process may accord a consular office nonimmigrant visa
processing jurisdiction over a geographical area which may not exactly
comport with consular districts defined by the Secretary of State
[[Page 56439]]
pursuant to the authority granted the Secretary under section 514 of
the Foreign Service Act of 1946. As the management of available
resources requires flexibility, this rule grants the Deputy Assistant
Secretary the ability to best manage such resources by designating the
geographical area for which each consular office possesses jurisdiction
to process nonimmigrant visa applications. The list of services for
each consular office, including the providing of nonimmigrant visa
processing services, continues to be published in Appendix C of Part IV
of Volume 9 of the Foreign Affairs Manual.
It should be noted that pursuant to the authority granted the
Deputy Assistant Secretary, the Deputy Assistant Secretary may
determine that aliens resident in a country in which there is more than
one consular office processing nonimmigrant visas may apply for
nonimmigrant visa issuance at a designated post or at any of those NIV
processing consular offices in that country.
Final Rule
As the amendments to the regulation provide a benefit to aliens by
facilitating the visa application process, the Department has
determined that it is unnecessary to publish a proposed rule or to
solicit comments from the public.
This final rule is not expected to have a ``significant economic
impact'' on a substantial number of small entities, because it is
inapplicable. This rule imposes no reporting or recordkeeping 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, Applications, Nonimmigrants, Passports and visas.
In view of the foregoing, title 22 of the Code of Federal
Regulations part 41 is amended to read as follows:
PART 41--[AMENDED]
1. The authority citation for Part 40 continues to read as follows:
Authority: 8 U.S.C. 1104.
2. Sec. 41.101 is amended by revising paragraph (a) to read as
follows:
Sec. 41.101 Place of application.
(a) Application for regular visa made at jurisdictional consular
office of alien's residence or physical presence. (1) An alien applying
for a nonimmigrant visa shall make application at a consular office
having jurisdiction over the alien's place of residence, or if the
alien is a resident of Taiwan, at the American Institute in Taiwan,
unless--
(i) the alien is physically present in the United States and is
entitled to apply for issuance or reissuance of a visa under the
provisions of Sec. 41.111(b); or
(ii) a consular office having jurisdiction over the area in which
the alien is physically present but not resident has agreed, as a
matter of discretion or at the direction of the Department, to accept
the alien's application.
(2) The Deputy Assistant Secretary of State to the Visa Office is
authorized to designate the geographical area for which each consular
office possesses jurisdiction to process nonimmigrant visa
applications.
Dated: October 11, 1996.
Ruth A. Davis,
Acting Assistant Secretary for Consular Affairs.
[FR Doc. 96-28185 Filed 10-31-96; 8:45 am]
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