[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Rules and Regulations]
[Pages 24331-24332]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11518]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 41

[Public Notice 2536]


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: Section 632(b) of Pub. L. 104-208, the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (IIRIRA), enacted on 
September 30, 1996, amended the Immigration and Nationality Act (INA) 
to authorize the application of the nonimmigrant reciprocity rules to 
refugees and permanent residents on a reciprocal basis. Thus, on a 
reciprocal basis, permanent residents of a foreign country and aliens 
granted refugee status in that foreign country may have nonimmigrant 
visas issued pursuant to the same visa fee schedule and for the same 
period of validity as nationals of that country. This rule implements 
new INA 221(c) and amends the Department's regulations at 41.112(b) 
accordingly.
    Additionally, effective April 1, 1994, the Department instructed 
all Foreign Service posts to cease issuing Burroughs nonimmigrant visas 
with indefinite validity. Foreign Service posts worldwide now issue 
only machine-readable visas (MRVs), a more technologically advanced and 
secure type of visa. The Department is, therefore, amending its 
regulations by changing the maximum validity of nonimmigrant visas from 
``indefinite'' to ``ten years'' to conform to the applicable technology 
mandated by Congress.

DATES: This rule is effective May 5, 1997.

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

IIRIRA Section 632(b)

    Section 632(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (IIRIRA) amended INA 221(c). Under INA 
221(c), aliens are accorded the same treatment upon a reciprocal basis 
as the alien's

[[Page 24332]]

country extends to U.S. citizens. This treatment extends to fees 
charged for visas and validity periods of issued visas. The amount of 
the fee and the duration of the visa's validity are set forth in 
schedules published by the Department of State. These schedules are 
published in Volume 9 of the Foreign Affairs Manual, Part IV, Appendix 
C. The schedules are developed on the basis of reciprocal agreements 
which seek parity in visa fees and visa validity periods between the 
United States and a particular foreign government. Consequently, United 
States nonimmigrant visa fees and periods of visa validity are based, 
as far as is practicable, on the visa fees and validity periods which 
United States citizens are accorded when applying for visas for travel 
to a particular country. This amendment authorizes on a reciprocal 
basis the use of the same fee and visa validity schedules for aliens 
who have obtained refugee status in a country or who have obtained 
permanent resident status in that country. Thus, an alien who is a 
refugee or permanent resident in a country may be issued a visa 
pursuant to the reciprocity schedule accorded nationals of that 
country, as long as that foreign country extends the same treatment to 
refugees and permanent residents of the United States. The regulation 
at 22 CFR 41.112(b) is amended to accommodate these changes.

Machine Readable Visa (MRV)

    Over the past several years United States Foreign Service posts 
have converted from the issuance of Burroughs visas to machine readable 
visas (MRVs) for all nonimmigrant issuance. MRV technology was 
developed as an anti-counterfeiting measure to enhance the security of 
the visa. A MRV has a maximum life span of ten years. Therefore, 
effective April 1, 1994, no nonimmigrant visa, (including B visas 
formerly authorized for indefinite maximum validity) may be issued for 
more than ten years, and reciprocity schedules have been amended 
accordingly. The Department is, therefore, amending its regulation at 
22 CFR 41.112(b) to reflect use of the machine-readable visa.

Final Rule

    The implementation of this rule as a final rule is based upon the 
``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and 
553(d)(3). The first amendment made by this rule grants or recognizes 
an exemption or relieves a restriction under 5 U.S.C. 553(d)(1). The 
second amendment is based upon the limitations inherent in applicable 
technology. Both are 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 (5 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 41.112 is amended by revising paragraph (b) to read as 
follows:


Sec. 41.112  Validity of visa.

* * * * *
    (b) Validity of visa and number of applications for admission. (1) 
Except as provided in paragraph (c) of this section, a nonimmigrant 
visa shall have the validity prescribed in schedules provided to 
consular officers by the Department, reflecting insofar as practicable 
the reciprocal treatment accorded U.S. nationals, U.S. permanent 
residents, or aliens granted refugee status in the U.S. by the 
government of the country of which the alien is a national, permanent 
resident, refugee or stateless resident.
    (2) Notwithstanding paragraph (b)(1) of this section, United States 
nonimmigrant visas shall have a maximum validity period of 10 years.
    (3) An unexpired visa is valid for application for admission even 
if the passport in which the visa is stamped has expired, provided the 
alien is also in possession of a valid passport issued by the 
authorities of the country of which the alien is a national.
* * * * *

    Dated: April 22, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 97-11518 Filed 5-2-97; 8:45 am]
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