[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Rules and Regulations]
[Pages 16892-16895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9084]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 2773]


Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended--Border Crossing Identification Cards

AGENCY: Bureau of Consular Affairs, State.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends Department of State regulations pertaining to 
the nonimmigrant border crossing identification card (BCC) and those 
pertaining to the requirements for entry of Mexican nationals into the 
United States. The rule is necessitated, in part, by a change in the 
law, which now specifies that regulations pertaining to the BCC contain 
a requirement for the inclusion of a machine-readable biometric 
identifier in such cards. The rule provides authority for consular 
officers to issue to Mexican citizens who are residents of Mexico a 
combined B-1/B-2 visa and border crossing card (B-1/B-2 Visa/BCC) as a 
stand-alone card containing a machine-readable biometric identifier. In 
addition, it also specifies the conditions under which the new stand-
alone card will be considered invalidated, and it waives the 
requirement for the presentation of a passport for certain applicants 
for the card. This rule also includes a waiver of the visa and passport 
requirement for Mexican nationals entering the United States for the 
purpose of obtaining official Mexican documents from a Mexican consular 
office on the United States side of the border. Finally, the rule 
adopts changes to the regulations pertaining to the issuance and 
revocation of Canadian border crossing cards made necessary by the same 
change in law.

DATES: This interim rule is effective April 1, 1998. Written comments 
are invited and must be received on or before June 8, 1998.

ADDRESS: Written comments may be submitted, in duplicate, to the Chief, 
Legislation and Regulations Division, Visa Services, Department of 
State, Washington, DC 20520-0106.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-1204.

SUPPLEMENTARY INFORMATION: Section 104 of Pub. L. 104-208 (September 
30, 1996) added to the definition of ``border crossing identification 
card'' (BCC) at section 101(a)(6) of the Immigration and Nationality 
Act (INA) a requirement that the regulations pertaining to the BCC 
include a requirement for the BCC to contain a machine-readable 
biometric identifier. This amendment has led to a determination by the 
Department of State and the INS that the combined B-1/B-2 Visa/BCC, 
which is currently stamped into passports pursuant to 22 CFR 41.32(b), 
should become a

[[Page 16893]]

biometric-inclusive card issued solely by consular officers stationed 
in Mexico. Thus, as of April 1, 1998, a combined B-1/B-2 Visa/BCC will 
no longer be issued by consular officers in Canada to permanent 
residents of Canada. The Department of State and the INS have further 
agreed that the INS will cease issuance of all BCCs as of April 1, 
1998. Thus, in Canada, after April 1, 1998, only B-1/B-2 visas issued 
by consular officers will be available to qualified applicants. This 
rule is intended, in part, to replace the current sections 41.32 and 
41.33 as of April 1, 1998.
    Pursuant to INA 212(d)(4) the Department of State and the INS have 
also agreed to waive the passport requirement contained in INA 
212(a)(7)(B)(i) for certain applicants for the new B-1/B-2 Visa/BCC. 
This agreement is reflected in the new language of section 41.32. 
Similarly, the Department of State and the INS have also agreed to 
waive the visa and passport requirement for Mexican nationals entering 
the United States solely for the purpose of obtaining a Mexican 
passport or other official Mexican document from a Mexican consular 
office on the United States side of the border. While this agreement is 
currently reflected in the regulations of the INS, it is being included 
in the regulations of the Department of State for the first time as an 
amendment to Sec. 41.2.
    Former subsection 41.32(a), which related to stand-alone BCCs 
issued by the Service has been removed in its entirety. Former 
subsection 41.32(b) has been largely revised to include both the 
requirement for a machine-readable biometric identifier and to 
distinguish between whether the application is for a first time B-1/B-2 
Visa/BCC or is for a replacement. Renumbered and revised subsection 
41.32(a)(2)(iii) eliminates the requirement for presentation of a 
Mexican passport for those seeking a B-1/B-2 Visa/BCC replacement for 
previously issued documentation, provided that the previously issued 
visa and/or BCC has not been voided by operation of law or revoked by a 
consular or immigration officer.
    This rule provides that current BCCs (either stand-alone BCC's or 
the BCC portion of a B-1/B-2 Visa/BCC) shall expire on the date of 
expiration noted therein (if any) and, in any event, shall not be valid 
for admission to the United States on or after October 1, 1999, or 
whatever other date may be enacted for required use of a card 
containing a machine readable biometric identifier for entry. Other 
than the exemption from presentation of a passport for those applying 
for replacement cards, the requirements relating to procedures for 
application are the same as those in the current regulation. The format 
formerly described in 41.32(b)(3) has changed from a stamp in a 
passport to that of a stand-alone card, but one containing essentially 
the same kind of identifying information. The cards will have a 
specific validity. Provisions for revocation or voidance of the 
document generally are those currently in effect, except that the BCC 
or B-1/B-2 Visa/BCC of an alien who otherwise would be subject to INA 
222(g) pertaining to overstay on a nonimmigrant visa will be void. 
Further, specific authority has been added for the revocation of a BCC 
or B-1/B-2 Visa/BCC when the holder ceases to maintain a residence in 
or the citizenship of Mexico or ceases to be a permanent resident of 
Canada.

Regulatory Analysis and Notices

Interim Rule

    This rule is being published as an interim rule with a comment 
period pursuant to the ``good cause'' exceptions set forth at 5 U.S.C. 
553(b)(3)(B) and 553(d)(3). This is due to the fact that Sec. 104 of 
Pub. L. 104-208 (September 30, 1996), pursuant to which certain changes 
in the procedures for issuance of entry documentation to aliens are 
required, becomes effective on April 1, 1998. Therefore, delay in the 
publication of this rule would interfere with the fulfillment of the 
statutory requirements imposed upon the Department of State by that 
section.

The Regulatory Flexibility Act

    Pursuant to Sec. 605(b) of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule and it has 
been determined, and the Assistant Secretary for Consular Affairs 
hereby certifies, that it will not have a significant economic impact 
on a substantial number of small entities. The rule has no economic 
effect beyond that of the statutory requirements already in effect, 
which it implements.

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

    The Department of State, Bureau of Consular Affairs, Visa Services 
has received OMB emergency clearance for the information collection 
instrument, Nonimmigrant Visa Application (OF-156), that underlies the 
nonimmigrant border crossing identification card (BCC) contained in 
this rule. It is estimated that 300,000 OF-156s will be completed 
annually to support the issuance of BCCs, and that (at one hour per OF-
156) this will require 300,000 hours of the time of aliens. Comments 
regarding OF-156 information collections in support of this rule should 
be identified as such and should be directed to Charles S. Cunningham, 
Directives Management Branch, U.S. Department of State, Washington, 
D.C. 20520, (202) 647-0596. Such comments should be received within 60 
days of publication of this rule.

E.O. 12988 and E.O. 12866

    This rule has been reviewed as required by E.O. 12988 and 
determined to meet the applicable regulatory standards it describes. 
Although exempted from E.O. 12866, this rule has been reviewed to 
ensure consistency with it.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports and visas, Temporary visitors.

    For the reasons stated in the preamble, the Department of State 
amends 22 CFR part 41 as set forth below:

PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104.

    2. Section 41.2 is amended by redesignating paragraphs (g)(3) and 
(4) as paragraphs (g)(5) and (6), respectively, and adding new 
paragraphs (3) and (4) 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.

* * * * *
    (g) Mexican nationals. * * *
    (3) A visa and a passport are not required of a Mexican national 
who is entering solely for the purpose of applying for a Mexican 
passport or other official Mexican document at a Mexican consular 
office on the United States side of the border.
    (4) A passport is not required of a Mexican national who is 
applying for a B-1/B-2 Visa/BCC and who meets the conditions for waiver 
of the passport requirement in section 41.32(a)(2)(iii).
* * * * *
    3. Section 41.32 is revised to read as follows:


Sec. 41.32  Nonresident alien Mexican border crossing identification 
cards; combined border crossing identification cards and B-1/B-2 
visitor visas.

    (a) Combined B-1/B-2 visitor visa and border crossing 
identification card (B-1/

[[Page 16894]]

B-2 Visa/BCC).--(1) Authorization for issuance. Consular officers 
assigned to a consular office in Mexico designated by the Deputy 
Assistant Secretary for Visa Services for such purpose may issue a 
border crossing identification card, as that term is defined in INA 
101(a)(6), in combination with a B-1/B-2 nonimmigrant visitor visa (B-
1/B-2 Visa/BCC), to a nonimmigrant alien who:
    (i) Is a citizen and resident of Mexico;
    (ii) Seeks to enter the United States as a temporary visitor for 
business or pleasure as defined in INA 101(a)(15)(B) for periods of 
stay not exceeding six months;
    (iii) Is otherwise eligible for a B-1 or B-2 temporary visitor visa 
or is the beneficiary of a waiver under INA 212(d)(3)(A) of a ground of 
ineligibility, which waiver is valid for multiple applications for 
admission into the United States and for a period of at least ten years 
and which contains no restrictions as to extensions of temporary stay 
or itinerary.
    (2) Procedure for application. Application for a B-1/B-2 Visa/BCC 
shall be made by a Mexican applicant at any U.S. consular office in 
Mexico designated by the Deputy Assistant Secretary of State for Visa 
Services pursuant to paragraph (a) of this section to accept such 
applications. The application shall be submitted on Form OF-156. The 
application shall be supported by:
    (i) Evidence of Mexican citizenship and residence;
    (ii) One photograph of the size specified in the application, if 16 
years of age or older; and
    (iii) A valid Mexican Federal passport, unless the applicant is the 
bearer of a currently valid or expired United States visa or BCC or B-
1/B-2 Visa/BCC which has neither been voided by operation of law nor 
revoked by a consular or immigration officer. BCCs which after October 
1, 1999, or such other date as may be enacted, are no longer useable 
for entry due only to the absence of a machine readable biometric 
identifier shall not be considered to have been voided or revoked for 
the purpose of making an application under this section.
    (iv) A digitized impression of the prints of the alien's index 
fingers.
    (3) Personal appearance. Each applicant shall appear in person 
before a consular officer to be interviewed regarding eligibility for a 
visitor visa, unless the consular officer waives personal appearance.
    (4) Issuance and format. A B-1/B-2 Visa/BCC issued on or after 
April 1, 1998, shall consist of a card, Form DSP-150, containing a 
machine-readable biometric identifier. It shall contain the following 
data:
    (i) Post symbol;
    (ii) Number of the card;
    (iii) Date of issuance;
    (iv) Indicia ``B-1/B-2 Visa and Border Crossing Card'';
    (v) Name, date of birth, and sex of the person to whom issued; and
    (vi) Date of expiration.
    (b) Validity. A BCC previously issued by a consular officer in 
Mexico on Form I-186, Nonresident Alien Mexican Border Crossing Card, 
or Form I-586, Nonresident Alien Border Crossing Card, is valid until 
the expiration date on the card (if any) unless previously revoked, but 
not later than the date, currently October 1, 1999, on which a machine 
readable biometric identifier in the card is required in order for the 
card to be usable for entry. The BCC portion of a B-1/B-2 Visa/BCC 
issued to a Mexican national pursuant to provisions of this section 
contained in the 22 CFR, parts 1 to 299, edition revised as of April 1, 
1998 is valid until the date of expiration, unless previously revoked, 
but not later than the date, currently October 1, 1999, on which a 
machine readable biometric identifier in the card is required in order 
for the card to be usable for entry.
    (c) Revocation. A BCC issued in Mexico on Form I-186 or Form I-586 
or a B-1/B-2 Visa/BCC issued at any time by a consular officer in 
Mexico, under provisions contained in the 22 CFR, parts 1 to 299, 
edition revised as of April 1, 1998 of this section, may be revoked at 
any time under the provisions of Sec. 41.122 or upon a determination by 
a consular or immigration officer that the alien to whom any such 
document was issued has ceased to be a resident and /or a citizen of 
Mexico. Upon revocation, the consular or immigration officer shall 
notify the issuing consular or immigration office and if the revoked 
document is a card, the consular or immigration officer shall take 
possession of the card and physically cancel it under standard security 
conditions. If the revoked document is a stamp in a passport the 
consular or immigration officer shall write or stamp ``canceled'' on 
the face of the document.
    (d) Voidance.
    (1) The voiding pursuant to INA 222(g) of the visa portion of a B-
1/B-2 Visa/BCC issued at any time by a consular officer in Mexico under 
provisions of this section contained in the 22 CFR, parts 1 to 299, 
edition revised as of April 1, 1998, also voids the BCC portion of that 
document.
    (2) A BCC issued at any time by a consular officer in Mexico under 
any provisions of this section contained in the 22 CFR, parts 1 to 299, 
edition revised as of April 1, 1998, is void if a consular or 
immigration officer determines that the alien has violated the 
conditions of the alien's admission into the United States, including 
the period of stay authorized by the Attorney General.
    (3) A consular or immigration officer shall immediately take 
possession of a card determined to be void under paragraphs (d) (1) or 
(2) of this section and physically cancel it under standard security 
conditions. If the document voided in paragraphs (d) (1) or (2) is in 
the form of a stamp in a passport the officer shall write or stamp 
``canceled'' across the face of the document.
    (e) Replacement. When a B-1/B-2 Visa/BCC issued under the 
provisions of this section, or a BCC or B-1/B-2 Visa/BCC issued under 
any provisions of this section contained in the 22 CFR, parts 1 to 299, 
edition revised as of April 1, 1998, has been lost, mutilated, 
destroyed, or expired, the person to whom such card was issued may 
apply for a new B-1/B-2 Visa/BCC as provided in this section.
    4. Section 41.33 is revised to read as follows:


Sec. 41.33  Nonresident alien Canadian border crossing identification 
card (BCC).

    (a) Validity of Canadian BCC. A Canadian BCC or the BCC portion of 
a Canadian B-1/B-2 Visa/BCC issued to a permanent resident of Canada 
pursuant to provisions of this section contained in the 22 CFR, parts 1 
to 299, edition revised as of April 1, 1998, is valid until the date of 
expiration, if any, unless previously revoked, but not later than the 
date, currently October 1, 1999, on which a machine readable biometric 
identifier is required in order for a BCC to be usable for entry.
    (b) Revocation of Canadian BCC. A BCC or a B-1/B-2 Visa/BCC issued 
by a consular officer in Canada at any time under provisions of this 
section contained in the 22 CFR, parts 1 to 299, edition revised as of 
April 1, 1998, may be revoked at any time by a consular or immigration 
officer under the provisions of Sec. 41.122 or upon a determination 
that the alien to whom any such document has been issued has ceased to 
be a permanent resident of Canada. Upon revocation, the consular or 
immigration officer shall notify the issuing consular office and if the 
revoked document is a card, the consular or immigration officer shall 
take possession of the card and physically cancel it under standard

[[Page 16895]]

security conditions. If the revoked document is a stamp in a passport 
the consular or immigration officer shall write or stamp ``canceled'' 
on the face of the document.
    (c) Voidance. (1) The voiding pursuant to INA 222(g) of the visa 
portion of a B-1/B-2 Visa/BCC issued at any time by a consular officer 
in Canada under provisions of this section contained in the 22 CFR, 
parts 1 to 299, edition revised as of April 1, 1998, also voids the BCC 
portion of that document.
    (2) A BCC issued at any time by a consular officer in Canada under 
any provisions of this section contained in the 22 CFR, parts 1 to 299, 
edition revised as of April 1, 1998, is void if it is found by a 
consular or immigration officer that the alien has violated the 
conditions of the alien's admission into the United States, including 
the period of stay authorized by the Attorney General.
    (3) A consular or immigration officer shall immediately take 
possession of a card determined to be void under paragraphs (c) (1) or 
(2) of this section and physically cancel it under standard security 
conditions. If the document voided under paragraphs (c) (1) or (2) is 
in the form of a stamp in a passport the officer shall write or stamp 
``canceled'' across the face of the document.
    5. Section 41.122 is amended by adding a new paragraph (a) (4) and 
new paragraph (h) (9) to read as follows:


Sec. 41.122  Revocation of visas.

    (a) Grounds for revocation by consular officers. * * *
* * * * *
    (4) The visa has been issued in a combined Mexican or Canadian B-1/
B-2 visa and border crossing identification card and the officer makes 
the determination specified in Sec. 41.32(c) with respect to the 
alien's Mexican citizenship and/or residence or the determination 
specified in Sec. 41.33(b) with respect to the alien's status as a 
permanent resident of Canada.
* * * * *
    (h) Revocation of visa by immigration officer. * * *
    (9) The visa has been issued in a combined Mexican or Canadian B-1/
B-2 visa and border crossing identification card and the officer makes 
the determination specified in Sec. 41.32(c) with respect to the 
alien's Mexican citizenship and/or residence or the determination 
specified in Sec. 41.33(b) with respect to the alien's status as a 
permanent resident of Canada.

    Dated: April 1, 1998.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-9084 Filed 4-6-98; 8:45 am]
BILLING CODE 4710-06-P