[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Rules and Regulations]
[Pages 31398-31399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12453]



22 CFR Part 42

RIN 1400-AD39
[Public Notice 8332]

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

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: The Department of State amends its regulations to eliminate 
the use of Form OF-224 as a method of recording an alien's entitlement 
to an immigrant visa classification. Due to the availability of 
automated systems at all immigrant visa-issuing posts, this entitlement 
is now recorded automatically, rendering the use of Form OF-224 
unnecessary and obsolete.

DATES: This rule is effective May 24, 2013.

FOR FURTHER INFORMATION CONTACT: Taylor W. Beaumont, Legislation and 
Regulations Division, Legal Affairs, Office of Visa Services, Bureau of 
Consular Affairs, Department of State, 2401 E Street NW., Room L-603D, 
Washington, DC 20520-0106, (202) 663-2951, email 
([email protected]).

SUPPLEMENTARY INFORMATION: This rule eliminates the use of Form OF-224, 
Immigrant Visa Control Card, as a method of recording an alien's 
entitlement to an immigrant visa classification. Section 203(e)(3) of 
the Immigration and Nationality Act (INA) requires the Department of 
State to prescribe regulations to maintain waiting lists of applicants 
for immigrant visas. In accordance with this provision, 22 CFR 42.52 
was amended in 1988 to require consular officers to record that an 
alien is entitled to an immigrant visa classification, either on Form 
OF-224 or through the automated system in use at selected posts. As all 
immigrant-visa issuing posts now use an automated system, consular 
officers no longer use Form OF-224, making that part of the rule 

Regulatory Findings

A. Administrative Procedure Act

    The Department is publishing this rule as a final rule based on its 
determination that this rulemaking relates to a matter relating to 
agency management, in that this rulemaking involves non-substantive 
changes to procedures. The Department does not expect any public 
comment. Since the rule is exempt from the provisions of 5 U.S.C. 553, 
it will be effective immediately.

B. 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 has reviewed this regulation and 
certifies that this rule will not have a significant economic impact on 
a substantial number of small entities.

C. The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, 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 

D. 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-

E. Executive Order 12866: Regulatory Planning and Review

    The Department has reviewed this rule to ensure its consistency 
with the regulatory philosophy and principles set forth in Executive 
Order 12866. Consistent with Executive Order 12866, the Department does 
not consider the rule to be an significant action as defined by the 
Executive Order.

[[Page 31399]]

F. Executive Order 13563: Improving Regulation and Regulatory Review

    The Department of State has considered this rule in light of 
Executive Order 13563 and affirms that this regulation is consistent 
with the guidance therein.

G. Executive Orders 12372 and 13132: Federalism

    This rule 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. The rule will not have federalism implications 
warranting the application of Executive Orders No. 12372 and No. 13132.

H. Executive Order 12988: Civil Justice Reform

    The Department has reviewed the rule in light of sections 3(a) and 
3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize 
litigation, establish clear legal standards, and reduce burden.

I. 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

    Immigration, Passports and visas.

    Accordingly, for the reasons set forth in the preamble, 22 CFR part 
42 is amended as follows:


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

    Authority:  8 U.S.C. 1104 and 1182; Pub. L. 105-277; Pub. L. 
108-449; 112 Stat. 2681-795 through 2681-801; The Convention on 
Protection of Children and Co-operation in Respect of Intercountry 
Adoption (done at the Hague, May 29, 1993), S. Treaty Doc. 105-51 
(1998), 1870 U.N.T.S. 167 (reg. No. 31922 (1993)); The Intercountry 
Adoption Act of 2000, 42 U.S.C. 14901-14954. Pub. L. 106-279.

2. Section 42.52 is amended by revising paragraph (c)(1) to read as 

Sec.  42.52  Post records of visa applications.

* * * * *
    (c) * * *
    (1) A record that an alien is entitled to an immigrant visa 
classification shall be made whenever the consular officer is 
satisfied--or receives evidence--that the alien is within the criteria 
set forth in paragraph (b) of this section.
* * * * *

    Dated: April 11, 2013.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2013-12453 Filed 5-23-13; 8:45 am]