[Federal Register Volume 65, Number 76 (Wednesday, April 19, 2000)]
[Rules and Regulations]
[Pages 20903-20905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9104]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 41 and 42

[Public Notice 3283]


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

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: The enactment of legislation over the past few years has 
created new immigrant and nonimmigrant visa categories. Additionally, 
some visa classification symbols are removed due to the expiration of 
certain immigrant visa programs. This rule amends both the immigrant 
and nonimmigrant classification tables.

EFFECTIVE DATE: This rule takes effect on April 19, 2000.

ADDRESSES: Chief, Legislation and Regulation Division, Visa Office, 
Washington, DC 20522-1013.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, 202-663-1204.

SUPPLEMENTARY INFORMATION:

How Is the Nonimmigrant Visa Table Affected?

    The rule amends the nonimmigrant visa classification table at 22 
CFR 41.12 by removing the classification H-1A and by adding a new 
classification H-1C. This rule implements sec. 2 of Public Law 106-95. 
The law adds a new class of nonimmigrants for nurses coming to areas 
where there is a health professional shortage. These nurses have been 
given the classification symbol H-1C. The same law repeals INA 
101(a)(15)(H)(i) relating to former registered nurses classified as H-
1A. This rule, therefore, removes the H-1A category and adds the H-1C 
category to the nonimmigrant table.
    The Department is also taking this opportunity to correct a 
typographical error for the NATO-2 entry.

How Is the Immigrant Visa Classification Table Affected?

    This rule amends the immigrant visa classification table at 22 CFR 
42.11 by including NATO employees and their spouses and children in the 
special immigrant categories SK1, SK3 and SK4. The rule implements 
section 421(a) of Public Law 105-277 which added NATO employees and 
their spouse and unmarried children to the special

[[Page 20904]]

immigrant category under INA 101(a)(27)(L).
    This rule removes the ES1 category established by sec. 4 of Public 
Law 102-509, which provided for the issuance of visas for no more than 
750 scientists of exceptional ability from the independent states and 
the Baltics over a four-year period commencing October 24, 1992. These 
scientists were given the classification symbol ES1. The program 
terminated on October 23, 1996.

Final Rule

Administrative Procedure Act

    The Department is publishing this rule as a final rule pursuant to 
5 U.S.C. 553(a)(2) and the ``good cause'' provisions of 5 U.S.C. 
553(b)(B); notice and comment are not necessary in light of the fact 
that this rule relates to agency management and merely establishes or 
removes visa symbols used internally by the Department. The rule makes 
no substantive regulatory changes.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any year and it will not significantly or uniquely 
affect small governments. Therefore, no actions were deemed necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    The Department of State does not consider this rule, to be a 
``significant regulatory action'' under Executive Order 12866, section 
3(f), Regulatory Planning and Review, and the Office of Management and 
Budget has waived its review process under section 6(a)(3)(A).

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35.

List of Subjects

22 CFR Part 41

    Aliens, Passports and visas.

22 CFR Part 42

    Immigration, Passports and visas.
    Accordingly, the Department of State amends 22 CFR Chapter I 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; Pub. L. 105-277, 112 Stat. 2681 et 
seq.


    2. Amend the table in Sec. 41.12 as follows:
    a. Remove the entry for H-1A;
    b. Add a new entry for H-1C, in alpha-numeric order; and
    c. Amend the NATO-2 entry in the second column by adding ``or 
Immediate Family'' following the words ``Such a Force''.
    The addition reads as follows:


Sec. 41.12  Classification symbols.

* * * * *

                                                  Nonimmigrants
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      Symbol                             Class                                      Section of law
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*                  *                  *                  *                  *                  *
                                                        *
H-1C                Nurses in health professional shortage areas...  101(a)(15)(H)(i)(c).
*                  *                  *                  *                  *                  *
                                                        *
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PART 42--[AMENDED]

    3. The authority citation for part 42 continues to read as follows:

    Authority: 8 U.S.C. 1104.

    4. Amend the table in Sec. 42.11 as follows:
    a. Remove the entry for ES1 from the section entitled ``Employment 
2nd Preference * * *''; and
    b. Revise the entries for SK1, SK-2, SK3 and SK4 in the section 
entitled ``Employment 4th Preference * * *.''.
    The revisions read as follows:


Sec. 42.11  Classification symbols.

* * * * *

                                                    Immigrants
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      Symbol                             Class                                      Section of law
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*                  *                  *                  *                  *                  *
                                                        *
                             Employment 4th Preference (Certain Special Immigrants)
SK1                 Certain Retired International Organization or    101(a)(27)(I)(iii)
                     NATO employees.                                 & 101(a)(27)(L).
SK2                 Spouse of SK1..................................  101(a)(27)(I)(iv)
                                                                     & 101(a)(27)(L).

[[Page 20905]]

 
SK3                 Certain Unmarried Sons or Daughters of an        101(a)(27)(I)(i)
                     International Organization or NATO Employee.    & 101(a)(27)(L).
SK4                 Certain Surviving Spouses of Deceased            101(a)(27)(I)(ii)
                     International Organization or NATO Employee.    & 101(a)(27)(L).
*                  *                  *                  *                  *                  *
                                                        *
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    Dated: March 6, 2000.
Mary A. Ryan,
Assistant Secretary of State for Consular Affairs, U.S. Department of 
State.
[FR Doc. 00-9104 Filed 4-18-00; 8:45 am]
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