[Federal Register Volume 73, Number 41 (Friday, February 29, 2008)]
[Rules and Regulations]
[Pages 11027-11028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3941]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 42

[Public Notice: 6114]


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

AGENCY: Department of State.

ACTION: Final Rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises the procedure for notifying the beneficiary 
of an immigrant visa petition of the termination of the immigrant visa 
registration because of the failure of the beneficiary to pursue the 
application within a specified time, by providing that such 
notification will be made by National Visa Center directly to the 
beneficiary.

DATES: This rule is effective February 29, 2008.

FOR FURTHER INFORMATION CONTACT: Charles Robertson, Legislation and 
Regulations Division, Visa Services, Department of State, 2401 E 
Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-1202, e-
mail ([email protected]).

SUPPLEMENTARY INFORMATION: 

[[Page 11028]]

Why is the Department promulgating this rule?

    In the past, the consular officer at the post where an alien was 
registered as a beneficiary of an immigrant visa petition was 
responsible for notifying the alien of the termination of the immigrant 
visa registration if the alien failed to pursue the application within 
one year after being notified that a visa was available. The consular 
officer based this notification on information received from the 
National Visa Center (NVC). Now, the NVC will make this notification 
directly to the alien.

How does this change affect the alien?

    There is no change from the point of view of the alien. The alien 
still has the ability to apply for reinstatement of the immigrant visa 
registration. Such application should be sent to the National Visa 
Center and it will be forwarded to the consular officer at the post 
where the alien was registered, under the same conditions as before.

Regulatory Findings

Administrative Procedure Act

    This regulation involves a foreign affairs function of the United 
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not 
subject to the rule making procedures set forth at 5 U.S.C. 553.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment 
rulemaking under 5 U.S.C. 553, it is exempt from the regulatory 
flexibility analysis requirements set forth at sections 603 and 604 of 
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, 
consistent with section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)), the Department certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This regulates individual aliens who seek consideration for immigrant 
visas and does not affect any small entities, as defined in 5 U.S.C. 
601(6).

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires 
agencies to prepare a statement before proposing any rule that may 
result in an annual expenditure of $100 million or more by State, 
local, or tribal governments, or by the private sector. This rule will 
not result in any such expenditure, nor will it significantly or 
uniquely affect small governments.

The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for 
purposes of congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. 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 adverse 
effects on competition, employment, investment, productivity, 
innovation, or the ability of United States-based companies to compete 
with foreign based companies in domestic and import markets.

Executive Order 12866

    The Department of State has reviewed this final rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
Executive Order 12866 and has determined that the benefits of the final 
regulation justify its costs. The Department does not consider the 
final rule to be an economically significant action within the scope of 
section 3(f)(1) of the Executive Order since it is not likely to have 
an annual effect on the economy of $100 million or more or to adversely 
affect in a material way the economy, a sector of the economy, 
competition, jobs, the environment, public health or safety, or state, 
local or tribal governments or communities.

Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the 
States, on the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. Nor will the rule have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.

Paperwork Reduction Act

    This rule does not impose information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

List of Subjects in 22 CFR Part 42

    Aliens, Foreign officials, Immigration, Passports and Visas.

0
Accordingly, for the reasons stated in the preamble, Title 22 Part 42 
is amended as follows:

PART 42--[AMENDED]

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

    Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801. Additional authority is derived from Section 104 
of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (IIRIRA) Pub. L. 104-208, 110 Stat. 3546.


0
2. Revise Sec.  42.83(c) to read as follows:


Sec.  42.83  Termination of registration.

* * * * *
    (c) Notice of termination. Upon the termination of registration 
under paragraph (a) of this section, the National Visa Center (NVC) 
shall notify the alien of the termination. The NVC shall also inform 
the alien of the right to have the registration reinstated if the 
alien, before the end of the second year after the missed appointment 
date if paragraph (a) applies, establishes to the satisfaction of the 
consular officer at the post where the alien is registered that the 
failure to apply for an immigrant visa was due to circumstances beyond 
the alien's control. If paragraph (b) applies, the consular officer at 
the post where the alien is registered shall, upon the termination of 
registration, notify the alien of the termination and the right to have 
the registration reinstated if the alien, before the end of the second 
year after the INA 221(g) refusal, establishes to the satisfaction of 
the consular officer at such post that the failure to present evidence 
purporting to overcome the ineligibility under INA 221(g) was due to 
circumstances beyond the alien's control.
* * * * *

    Dated: February 20, 2008.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
 [FR Doc. E8-3941 Filed 2-28-08; 8:45 am]
BILLING CODE 4710-06-P