[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Notices]
[Pages 72600-72601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25326]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[CBP Dec. No. 16-18]
Electronic Visa Update System (EVUS) Requirements: Identification
of the People's Republic of China (PRC) as an EVUS Country and
Designation of Maximum Validity B-1, B-2, and B-1/B-2 Visas as
Designated Visa Categories
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Notice.
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SUMMARY: In this Federal Register, DHS is publishing a final rule
titled ``Establishment of the Electronic Visa Update System (EVUS)''
(hereafter ``EVUS Final Rule''), amending 8 CFR part 215, subpart B, to
establish the Electronic Visa Update System and to specify certain
requirements. According to the rule, nonimmigrant aliens who hold a
passport issued by an identified country containing a U.S. nonimmigrant
visa of a designated category will be required to provide biographic
and other information to DHS by enrolling in EVUS to maintain the
validity of those visas. The EVUS final rule specifies that the
Secretary of Homeland Security, in consultation with the Secretary of
State, may identify countries and designate nonimmigrant visa
categories for purposes of the EVUS requirements and that notice of
identified countries and designated nonimmigrant visa categories will
be published in the Federal Register. Through this notice, the
Secretary of Homeland Security, after consultation with the Secretary
of State, identifies the People's Republic of China (PRC) as an EVUS
country and designates B-1, B-2, and B-1/B-2 visas issued without
restriction for the maximum validity period, which is generally 10
years,\1\ as designated visa categories when the visas are contained in
a passport issued by the PRC.
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\1\ This includes visas issued for more than nine years and all
replacement visas issued to correct errors in the original instance.
DATES: This identification and designation is effective October 20,
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2016.
FOR FURTHER INFORMATION CONTACT: Suzanne Shepherd, Office of Field
Operations, [email protected] or (202) 344-2073.
SUPPLEMENTARY INFORMATION:
Background
In this Federal Register, DHS is publishing a final rule titled
``Establishment of the Electronic Visa Update System (EVUS)'' amending
8 CFR part 215, subpart B, to establish the Electronic Visa Update
System. EVUS is an online information update system that allows for the
collection of biographic and other information from nonimmigrant aliens
who hold a passport issued by an identified country containing a U.S.
nonimmigrant visa of a designated category. See EVUS Final Rule.
Nonimmigrant aliens subject to these regulations must periodically
enroll in EVUS and obtain a notification of compliance prior to travel
to the United States. As discussed in the Department of State's
parallel rule, ``Visa Information Update Requirements under the
Electronic Visa Update System (EVUS),'' also published in this Federal
Register, individuals subject to the EVUS requirements must comply with
the EVUS regulations in 8 CFR part 215, subpart B, in order to maintain
the validity of their visas of a designated category.
As specified in 8 CFR 215.22, and explained in the EVUS Final Rule,
the Secretary of Homeland Security, in the Secretary's discretion and
in consultation with the Secretary of State, may identify countries
(``EVUS countries'') whose passport holders will be subject to the EVUS
regulations, if the passport contains a U.S. nonimmigrant visa of a
designated category, and designate applicable visa categories. The
regulations state that notice of identified countries and designated
visa categories will be published in the Federal Register. See 8 CFR
215.22 and 8 CFR 215.23(c). This announcement provides such a notice.
Identification and Designation
Pursuant to 8 CFR 215.22, the Secretary, following consultation
with the Secretary of State, identifies the People's Republic of China
(PRC) as an EVUS country and designates all B-1, B-2, and B-1/B-2 visas
issued without restriction for maximum validity, which generally will
be 10 years, but includes visas issued for more than nine years and all
replacement visas issued to correct errors in the original visa, as
designated visa categories when the visas are contained in a passport
issued by the PRC.
B nonimmigrant visas, often referred to as ``visitor visas,'' are
issued to individuals seeking to travel and be admitted to the United
States temporarily for business (visa category B-1); for tourism or
pleasure, (visa
[[Page 72601]]
category B-2), or a combination of both purposes (visa category B-1/B-
2). See section 101(a)(15)(B) of the Immigration and Nationality Act of
1952, as amended (INA) (8 U.S.C. 1101(a)(15)(B)), 8 CFR 214.1(a), and
22 CFR 41.31.
Accordingly, nonimmigrant aliens who hold a passport issued by the
PRC containing a U.S. nonimmigrant B-1, B-2 or B-1/B-2 visa issued
without restriction, for maximum validity, which generally will be 10
years, but includes visas issued for more than nine years and all
replacement visas issued to correct an error in the original visa, must
comply with the EVUS regulations in 8 CFR part 215, subpart B, in
addition to all other applicable immigration laws and regulations.
Dated: October 13, 2016.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-25326 Filed 10-19-16; 8:45 am]
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