[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72522-72523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25308]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 9530]
RIN 1400-AD93
Visas: Visa Information Update Requirements Under the Electronic
Visa Update System (EVUS)
AGENCY: Department of State.
ACTION: Final rule with request for comments.
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SUMMARY: The Department of State is coordinating with the Department of
Homeland Security on instituting a requirement for nonimmigrant aliens
who hold a passport issued by an identified country containing a U.S.
nonimmigrant visa of a designated category to provide required
information to DHS after the receipt of his or her visa of a designated
category.
DATES: This Final rule is effective on November 29, 2016. The
Department of State will accept comments until December 19, 2016.
ADDRESSES: You may submit comments, identified by RIN 1400-AD93, by one
of the following methods:
Electronic comments: Submit through the Federal
eRulemaking Portal http://www.regulations.gov and search for docket
number DOS-2016-0066.
Mail: Address all written submissions to Chief, CA/VO/L/R,
U.S. Department of State, 600 19th St. NW., 12th Floor, Washington, DC
20006.
FOR FURTHER INFORMATION CONTACT: Kevin J. Earnest, Legislation and
Regulations Division, Legal Affairs, Office of Visa Services, Bureau of
Consular Affairs, Department of State, 600 19th St. NW., Washington, DC
20006, (202) 485-7588.
SUPPLEMENTARY INFORMATION: The Department of State (State) regulation
on the revocation of nonimmigrant visas is at 22 CFR 41.122. State is
amending 22 CFR 41.122 in support of a joint program with the
Department of Homeland Security (DHS) that requires nonimmigrant aliens
who hold a passport issued by an identified country containing a U.S.
nonimmigrant visa of a designated category to periodically provide
required information to DHS after the receipt of his or her visa of a
designated category.
The revised 22 CFR 41.122(b)(3) and the contemporaneous DHS rule
amending 8 CFR part 215, subpart B (RIN 1651-AB08), are creating the
Electronic Visa Update System (EVUS). As provided in 8 CFR part 215,
subpart B, EVUS is an online information update system. Under EVUS,
nonimmigrant aliens who hold a passport issued by an identified country
containing a U.S. nonimmigrant visa of a designated category are
required to enroll in EVUS by providing information to DHS after the
receipt of their visa of a designated category, and periodically
thereafter. Successful enrollment in EVUS is evidenced by the receipt
of a notification of compliance. Identified countries and designated
visa categories are those countries and visa categories that the
Secretary of Homeland Security, in consultation with the Secretary of
State, has determined will be subject to EVUS enrollment requirements.
Identified countries and designated visa categories will be announced
in a notice published in the Federal Register. Failure to comply with
EVUS after November 29, 2016, will result in an automatic provisional
revocation of the visa and will preclude travel to the United States on
that visa. The visa will be automatically reinstated upon compliance
with the EVUS requirements outlined in 8 CFR 215.24, as established by
receipt of a notification of compliance. While, as discussed in the DHS
rulemaking, individuals may enroll in EVUS prior to November 29, such
enrollment is not required for travel to the United State prior to that
date.
This rulemaking provides State the mechanism for visas to be
automatically provisionally revoked, and the revocation to
automatically be reversed and visas reinstated upon subsequent
compliance with EVUS (22 CFR 41.122(b)(3)). The rule also makes other
modifications to the visa revocation regulations consistent with the
EVUS enrollment requirements.
As discussed in the contemporaneous DHS EVUS rule, DHS is
exercising its authority under INA 214(a)(1) and 215(a)(1) (8 U.S.C.
1184(a)(1) and 1185(a)(1)) to require that nonimmigrant aliens who hold
a passport issued by an identified country containing a U.S.
nonimmigrant visa of a designated category comply with the requirements
in 8 CFR part 215, subpart B, and successfully enroll in EVUS by
providing certain information to DHS after the receipt of their visas
of a designated category as a condition of admission to the United
States. Recognizing that holders of such visas who have not complied
with the requirements in 8 CFR part 215, subpart B, will not be
admitted to the United States under 8 CFR. 214.1(a)(3)(i), State is
amending 22 CFR 41.122 to provide for automatic provisional revocation
of the visas. Once the visa holder makes the required submission of
biographic and other information and successfully enrolls in EVUS, the
revocation of the visa will automatically be reversed, and the visa
will be valid for travel to the United States.
To implement EVUS, State is amending 22 CFR 41.122 and DHS is
contemporaneously amending 8 CFR part 212, 214, 215, and 273.
Description of Regulation Changes
In 22 CFR 41.122, paragraph (b) is now subdivided. New paragraph
(b)(1) describes the force and effect of a provisional revocation
generally. The paragraph also describes how a provisional revocation
can be reversed and how the revocation authority contained in INA
221(i) (8 U.S.C. 1201(i)) is not limited by this paragraph. Paragraph
(b)(2) contains the current language of paragraph (b) with the addition
of a new header. New paragraph (b)(3) describes the new process of
automatic provisional revocation of U.S. visas of designated categories
held by nonimmigrant aliens in a passport issued by an identified
country who fail to comply with EVUS after the receipt of his or her
visa as required by 8 CFR 215.24.
Paragraph (c) is modified to make a notification exception to visa
holders where visas have been automatically provisionally revoked under
new paragraph (b)(3) of this section.
Paragraph (d) is modified to make an exception to the requirement
of physically cancelling visas for visas that are automatically
provisionally revoked by paragraph (b)(3).
Paragraph (e) remains unchanged.
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 notice-and-comment rule making procedures set forth in 5
U.S.C. 553.
This final rule is also exempt from notice and comment requirements
under the ``good cause'' exception set forth at 5 U.S.C. 553(b)(3)(B).
This rule is critical because it improves the security of granting
longer-length visas while also facilitating legitimate travel.
Implementation of this rule as soon as possible is necessary to protect
the national security of the United States and to prevent the harm that
could be
[[Page 72523]]
caused by the exploitation of longer-length visas.
Small Business Regulatory Enforcement Fairness Act of 1996
Under Section 251 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 804), a rule that is likely to result in
an annual effect on the U.S. economy of $100,000,000 or more, along
with other criteria, is considered a major rule. State concludes that
this rule does not meets the criteria for a major rule.
Regulatory Flexibility Act/Executive Order 13272: Small Business
Since this rule is exempt from the notice-and-comment rulemaking
provisions of 5 U.S.C. 553, the Regulatory Flexibility Act does not
apply to this rulemaking. See 5 U.S.C. 601(2).
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 promulgating any general notice of proposed
rulemaking, or any final rule for which a general notice of proposed
rulemaking was published, that may result in an annual expenditure of
$100 million or more by State, local, or tribal governments, or by the
private sector. No such burden is being imposed by this rulemaking.
Executive Orders 12866 and 13563
State has reviewed this rule to ensure its consistency with the
regulatory philosophy and principles set forth in Executive Order 12866
and certifies that the benefits of this rulemaking outweigh the costs.
State does not consider this rule to be an economically significant
regulatory action under Executive Order 12866. In addition, State has
considered this rule in light of Executive Order 13563 and affirms that
this regulation is consistent with the guidance therein.
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.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department 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 section 5 of Executive Order 13175 do
not apply to this rulemaking.
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 41
Aliens, Foreign officials, Immigration, Passports and visas,
Students.
Accordingly, for the reasons set forth in the preamble, 22 CFR part
41 is amended as follows:
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY ACT, AS AMENDED
0
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795
through 2681-801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458, as amended by section 546 of Pub. L. 109-295).
0
2. In Sec. 41.122:
0
a. Revise paragraph (b);
0
b. Add a sentence at the end of paragraph (c); and
0
c. Revise paragraph (d).
The revisions and addition read as follows:
Sec. 41.122 Revocation of visas.
* * * * *
(b) Provisional revocation--(1) General. A provisional revocation
is subject to reversal through internal procedures established by the
Department of State. Upon reversal of the revocation, the visa
immediately resumes the validity provided for on its face. Provisional
revocation shall have the same force and effect as any other visa
revocation under INA 221(i), unless and until the revocation has been
reversed. Neither the provisional revocation of a visa nor the reversal
of a provisional revocation limits, in any way, the revocation
authority provided for under INA 221(i), with respect to the particular
visa or any other visa.
(2) Pending visa eligibility determination. A consular officer, the
Secretary, or any Department official to whom the Secretary has
delegated this authority may provisionally revoke a nonimmigrant visa
while considering information related to whether a visa holder is
eligible for the visa.
(3) Automatic provisional revocation based on failure to comply
with all EVUS requirements. Visas held by individuals subject to the
Electronic Visa Update System (EVUS) who have not complied with the
conditions described in 8 CFR 215.24 or whose notification of
compliance has expired or been rescinded are automatically
provisionally revoked and are no longer valid for travel to the United
States, without further notice to the visa holder. The automatic
provisional revocation pursuant to this paragraph (b)(3) shall be
automatically reversed upon compliance with EVUS requirements set out
at 8 CFR part 215, subpart B, as confirmed by receipt of a notification
of compliance. A visa revoked on grounds other than failure to comply
with EVUS shall remain revoked, notwithstanding compliance with EVUS.
(c) * * * This paragraph (c) does not apply to provisional
revocations under paragraph (b)(3) of this section.
(d) Procedure for physically canceling visas. Except for
provisional revocations pursuant to paragraph (b)(3) of this section, a
nonimmigrant visa that is revoked shall be canceled by writing or
stamping the word ``REVOKED'' plainly across the face of the visa, if
the visa is available to the consular officer. The failure or inability
to physically cancel the visa does not affect the validity of the
revocation.
* * * * *
Dated: October 13, 2016.
Michele Thoren Bond,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2016-25308 Filed 10-19-16; 8:45 am]
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