[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Pages 32481-32482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13091]



22 CFR Part 42

[Public Notice: 8755]
RIN 1400-AD52

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

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: Pursuant to the Violence Against Women and Department of 
Justice Reauthorization Act of 2005, the Department of State amends the 
immigrant visa classification table listed in the Department's 
regulations to add a symbol for an immigrant visa issued to to an alien 
who: is the parent of a current U.S.citizen, or the parent of a former 
U.S. citizen who, within the two-year period prior to filing the 
petition, lost or renounced U.S. citizenship status related to an 
incident of domestic violence or died; is a person of good moral 
character; is eligible to be classified as an immediate relative under 
the Immigration and Nationality Act; resides, or has resided, with the 
U.S. citizen daughter or son; demonstrates that he or she has been 
battered or subject to extreme cruelty by the U.S. citizen daughter or 
son; and has an approved petition from the Department of Homeland 

DATES: This rule becomes effective June 5, 2014.

FOR FURTHER INFORMATION CONTACT: Taylor W. Beaumont, Department of 
State, Bureau of Consular Affairs, Office of Visa Services, Legal 
Affairs, Division of Legislation and Regulations, 600 19th Street NW., 
Washington, DC 20431, email ([email protected]).

SUPPLEMENTARY INFORMATION: Section 816 of the Violence Against Women 
and Department of Justice Reauthorization Act of 2005, Title VIII of 
Public Law 109-162, codified at 8 U.S.C. 1154(a)(1)(A)(vii), created an 
immigrant visa classification for the parents of U.S. citizens, and the 
parents of former U.S. citizens who, within the past two years, have 
lost or renounced U.S. citizenship status related to an incident of 
domestic violence or died.
    The Department currently identifies applicants for this status 
using the ``IB5'' symbol, an existing symbol used for parents of U.S. 
citizens who are at least 21 years old. The unique IB5 classification 
symbol will facilitate the Department's ability to identify applicants 
for such status in various immigrant visa information databases.

Regulatory Findings

A. Administrative Procedure Act

    Since this rule concerns the administration of visas, which is a 
foreign affairs function of the United States, the Department publishes 
this rule as a final rule pursuant to 5 U.S.C. 553(a)(1). In addition, 
since this rule implements the provisions of the Violence Against Women 
and Department of Justice Reauthorization Act of 2005, the Department 
finds that notice and public comment on this rule are unnecessary, 
pursuant to 5 U.S.C. 553(b)(B). Accordingly, this rule is effective 

B. Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this 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-
121. This rule would 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.

E. Executive Order 12866

    The Department does not consider this rule to be a ``significant 
regulatory action'' within the scope of section 3(f) of Executive Order 
12866. Nonetheless, the Department has reviewed the rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Order.

F. Executive Order 13563

    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 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 12372 and 

H. Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, 
minimize litigation, establish clear legal standards, and reduce 

I. Executive Order 13175

    The Department of State has determined that this rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not pre-empt 
tribal law. Accordingly, the requirements of Executive Order 13175 do 
not apply to this rulemaking.

[[Page 32482]]

J. 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.

    22 CFR Part 42 is amended as follows:


1. The authority citation for part 42 is amended 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)); 42 U.S.C. 14901-
14954, Pub. L. 106-279; Pub. L. 111-287; 8 U.S.C. 1101, 124 Stat. 
3058; 8 U.S.C. 1154, Pub. Law 109-162.

2. Section 42.11 is amended by adding an entry for ``IB5'' after 
``IB3'' under ``Immediate Relatives'' in the ``Immigrants'' table to 
read as follows:

Sec.  42.11  Classification symbols.

* * * * *

                     Symbol                                       Class                       Section of law
                                               Immediate Relatives
                                                  * * * * * * *
IB5............................................  Self-petition Parent of U.S. Citizen..        204(a)(1)(A)(vii)
                                                  * * * * * * *

    Dated: May 12, 2014.
Michele T. Bond,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2014-13091 Filed 6-4-14; 8:45 am]