[Federal Register Volume 65, Number 241 (Thursday, December 14, 2000)]
[Rules and Regulations]
[Page 78094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31742]


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DEPARTMENT OF STATE

22 CFR Part 42

[Public Notice 3505]


Immigrant Visas; Change in the Schedule of Fees for Consular 
Service

AGENCY:  Department of State.

ACTION:  Final Rule, with a request for comments.

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SUMMARY: The Department of State is amending the immigrant visa 
regulations to reference a change in the Schedule of Fees for Consular 
Services which added a fee under Item 61 for assistance in the 
preparation of a required Affidavit of Support.

DATES: Effective January 1, 2001. Comments must be submitted by 
February 12, 2001.

ADDRESSES: Interested persons are invited to submit comments in 
duplicate to the Chief, Legislation and Regulations Division, Visa 
Services, Department of State, 20520-0106 or e-mail [email protected].

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
D.C. 20520-0106, (202) 663-1204, e-mail [email protected], or fax at 
(202) 663-3898.

SUPPLEMENTARY INFORMATION: On March 13, 2000, the Department of State 
published a Proposed Rule (65 FR 13253), establishing a fee of $50.00 
for the review of, and assistance rendered in connection with, the 
proper preparation of a required Affidavit of Support. Those services 
will be rendered in the United States at the National Visa Center and 
through a call center available to all affiants. That rule was made 
final on September 7, 2000, (65 FR 54148-54150).
    This rule amends the immigrant visa regulation pertaining to the 
Affidavit of Support (22 CFR 40.41(b)), with respect to applicants from 
certain designated posts, to require the payment of that fee prior to 
the consular officer's assessment of the sufficiency of the affidavit. 
The Deputy Assistant Secretary for Visa Services shall designate such 
posts by public notice from time to time, until it becomes applicable 
worldwide.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department is publishing this rule as an final rule, with a 60-
day provision for post-promulgation public comments, based on the 
``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). The fee under reference has been the subject of both a 
proposed and a final rule, which will be effective on the same date as 
this rule. The imposition of such a fee is authorized by law.

Regulatory Flexibility Act

    Pursuant to Sec. 605 of the Regulatory Flexibility Act, the 
Department has assessed the potential impact of this rule, and the 
Assistant Secretary for Consular Affairs hereby certifies that is not 
expected to 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 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 131332

    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 in 22 CFR Part 40

    Aliens, Immigrants, Nonimmigrants, Visas, Ineligibilities

PART 40--REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND 
IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

    1. The authority citation for part 40 is as follows:

    Authority: 8 U.S.C. 1104

    2. Revise Sec. 40.41(b) to read as follows:


Sec. 40.41  Public Charge

* * * * *
    (b) Affidavit of support. Any alien seeking an immigrant visa under 
INA 201(b)(2), 203(a), or 203(b), based upon a petition filed by a 
relative of the alien (or in the case of a petition filed under INA 
203(b) by an entity in which a relative has a significant ownership 
interest), shall be required to present to the consular officer an 
affidavit of support (AOS) on a form that complies with terms and 
conditions established by the Attorney General. Petitioners for 
applicants at a post designated by the Deputy Assistant Secretary for 
Visa Services for initial review of and assistance with such an AOS 
will be charged a fee for such review and assistance pursuant to Item 
61 of the Schedule of Fees for Consular Services (22 CFR 22.1).
* * * * *

    Dated: November 29, 2000.
Maura Harty,
Acting Assistant Secretary for Consular Affairs.
[FR Doc. 00-31742 Filed 12-13-00; 8:45 am]
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