[Federal Register Volume 84, Number 141 (Tuesday, July 23, 2019)]
[Rules and Regulations]
[Pages 35297-35299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14195]


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DEPARTMENT OF STATE

22 CFR Parts 22 and 42

[Public Notice 10109]
RIN 1400-AE11


Schedule of Fees for Consular Services, Department of State and 
Overseas Embassies and Consulates--Visa Services Fee Changes

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This rule is promulgated to implement the Adoptive Family 
Relief Act (the Act), which allows for the waiver or refund of fees 
relating to the renewal or replacement of an immigrant visa for certain 
already-adopted children where the adopted child was unable to use his 
or her initially issued immigrant visa as a direct result of 
extraordinary circumstances. The Department is also amending its 
regulations regarding immigrant visa application procedures to cover 
new technologies, application forms, and procedures that have been 
implemented in recent years.

DATES: This rule is effective on July 23, 2019.

FOR FURTHER INFORMATION CONTACT: Jorge Abudei, Management Analyst, 
Office of the Comptroller, Bureau of Consular Affairs, Department of 
State; phone: 202-485-6697, telefax: 202-485-6826; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Why is the Department promulgating this rule?

    The Adoptive Family Relief Act (Pub. L. 114-70) (the Act) amended 
Section 221(c) of the Immigration and Nationality Act (INA), 8 U.S.C. 
1201(c), to allow for the waiver or refund of certain immigrant visa 
fees for a lawfully adopted child, or a child coming to the United 
States to be adopted by a United States citizen (hereinafter referred 
to as adoptive children), subject to criteria prescribed by the 
Secretary of State. More than 350 American families have successfully 
adopted children from the Democratic Republic of the Congo. However, 
since September 25, 2013, some families have not been able to bring 
their adoptive children home to the United States because the 
Democratic Republic of the Congo suspended the issuance of ``exit 
permits'' for these children. As the permit suspension drags on, 
however, American families are repeatedly paying visa renewal and 
related fees, while also continuing to be separated from their adoptive 
children. The waiver or refund provides ``support and relief to 
American families seeking to bring their adoptive children from the 
Democratic Republic of the Congo home to the United States, and would 
also provide relief to similarly situated adoptive families should 
barriers arise in other countries in the future.'' See 161 Cong. Rec. 
S2796-01.
    The Department is amending current rules regarding immigrant visa 
fees found in Sec. Sec.  22.1, 42.71(b) and 42.74 of 22 CFR in order to 
implement the Act. Thus, the current text of Sec.  42.71(b) will become 
Sec.  42.71(b)(1) and a new paragraph (b)(2) will set forth the 
requirements for the waiver or refund of immigrant visa fees for 
adoptive families who must renew a visa for an adoptive child who, 
through no fault of the parent(s) or child, is unable to travel to the 
United States. If an immigrant visa was issued on or after March 27, 
2013 and an adoptive child was unable to use that visa as a direct 
result of extraordinary circumstances beyond the control of the 
adoptive child or adoptive parent(s), such as denial of an exit permit, 
the adoptive child, adoptive parent(s), or their representative may 
request a waiver or refund of the immigrant visa fee relating to a 
replacement of such visa. All other visa replacement requirements still 
apply. This rule also adds this exemption to the Schedule of Fees at 22 
CFR 22.1 and adds a paragraph at Sec.  42.74(a)(3) on replacement 
immigrant visas for adoptive children covered by the Act.
    In addition to implementing the Act, this rule also updates 
existing regulations regarding immigrant visa application procedures to 
more accurately reflect new technologies, application forms, and 
procedures that have been implemented in recent years. Obsolete 
language in Sec. Sec.  42.71, 42.73, and 42.74 regarding discontinued 
immigrant visa issuance procedures and outdated forms has been deleted. 
Superfluous language in Sec.  42.71 related to an outdated procedure 
has been removed. Both Sec. Sec.  42.73 and 42.74 have been reorganized 
for readability and Sec.  42.73 has been revised to more closely track 
the equivalent provision to procure issuance of nonimmigrant visas at 
Sec.  41.113. In addition, language related to the locations of 
specific immigrant visa content on the Department's websites has been 
deleted, as websites and their content are generally subject to 
frequent reorganization and other changes. More specific guidance is 
available in Volume 9 of the Foreign Affairs Manual (see fam.state.gov) 
and on travel.state.gov.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a final rule, with an 
effective date less than 30 days from the date of publication, based on 
the ``good cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 
553(d)(3). The Department is issuing this final rule with an effective 
date on the date of publication. The APA permits a final rule to become 
effective fewer than 30 days after the publication if the issuing 
agency finds good cause. 5 U.S.C. 553(d)(3). The Department finds that 
good cause exists for an early effective date in this instance because 
Congress has already mandated that, subject to criteria prescribed by 
the Secretary of State, the visa fees for certain lawfully adopted 
children may be waived, or, if paid, may be refunded. This rulemaking 
implements the Congressional mandate.

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 Act (5 U.S.C. 603 and 604). Because this rule is exempt, 
the Department did not conduct an economic analysis of the impact on 
small entities.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (codified at 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804(2).

[[Page 35298]]

Executive Orders 12866 and 13563

    The Department has considered this rule in light of Executive 
Orders 12866 and 13563 and affirms that this regulation is consistent 
with the guidance therein. The Office of Management and Budget has 
designated this rule not significant for purposes of E.O. 12866. The 
Department does not consider this rule to be an economically 
significant rulemaking action.

Executive Orders 12372 and 13132

    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. The rule will not have federalism 
implications warranting the application of Executive Orders 12372 and 
13132.

Executive Order 13771--Reducing Regulation and Controlling Regulatory 
Costs

    This rule is not subject to the requirements of E.O. 13771 (82 FR 
9339, February 3, 2017) because it is not significant under E.O. 12866.

Executive Order 13175

    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 Executive Order 13175 do not apply to 
this rulemaking.

Executive Order 12988

    The Department has reviewed the regulation 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 
burden.

Paperwork Reduction Act

    This rule does not impose any new information collection 
requirements under the provisions of the Paperwork Reduction Act, 44 
U.S.C. chapter 35. The Office of Information and Regulatory Affairs 
previously approved the application for a refund under the Adoptive 
Family Relief Act (OMB Control No. 1405-0223).

List of Subjects in 22 CFR Parts 22 and 42

    Consular services, Fees, Passports and visas.

    Accordingly, for the reasons stated in the preamble, 22 CFR parts 
22 and 42 are amended as follows:

PART 22--SCHEDULE OF FEES FOR CONSULAR SERVICES--DEPARTMENT OF 
STATE AND FOREIGN SERVICE

0
1. The authority citation for part 22 is revised to read as follows:

    Authority:  8 U.S.C. 1101 note, 1153 note, 1157 note, 1183a 
note, 1184(c)(12), 1201(c), 1351, 1351 note, 1714, 1714 note; 10 
U.S.C. 2602(c); 22 U.S.C. 214, 214 note, 1475e, 2504(h), 2651a, 
4206, 4215, 4219, 6551; 31 U.S.C. 9701; E.O. 10718, 22 FR 4632 
(1957), 3 CFR, 1954-1958 Comp., p. 382; E.O. 11295, 31 FR 10603 
(1966), 3 CFR, 1966-1970 Comp., p. 570.


0
2. Section 22.1 is amended by adding item 32(e) to read as follows:


Sec.  22.1   Schedule of fees.

* * * * *

                 Schedule of Fees for Consular Services
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                   Item No.                                Fee
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                              * * * * * * *
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                   Immigrant and Special Visa Services
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 * * * * * * *
32. Immigrant Visa Application Processing Fee
 (per person).
 
                              * * * * * * *
    (e) Certain applicants for replacement      NO FEE.
     Immigrant Visas as described in 22 CFR
     42.74(b)(2).
 
                              * * * * * * *
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PART 42--VISAS: DOCUMENTATION OF IMMIGRANTS UNDER THE IMMIGRATION 
AND NATIONALITY ACT, AS AMENDED

0
3. The authority citation for part 42 is revised to read as follows:

    Authority:  8 U.S.C. 1104 and 1182; Pub. L. 105-277, 112 Stat. 
2681; Pub. L. 108-449, 118 Stat. 3469; 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, 114 Stat. 825); 8 U.S.C. 1101 (Pub. L. 111-287, 
124 Stat. 3058); 8 U.S.C. 1154 (Pub. L. 109-162, 119 Stat. 2960); 8 
U.S.C. 1201 (Pub. L. 114-70, 129 Stat. 561).


0
4. Section 42.71 is revised to read as follows:


Sec.  42.71   Authority to issue visas; visa fees.

    (a) Authority to issue visas. Consular officers may issue immigrant 
visas at designated consular offices abroad pursuant to the authority 
contained in INA 101(a)(16), 221(a), and 224.
    (b) Immigrant visa fees--(1) Payment of fees. The Secretary of 
State prescribes a fee for the processing of immigrant visa 
applications. Except as provided in paragraph (b)(2) of this section, 
an individual registered for immigrant visa processing at a post 
designated for this purpose by the Deputy Assistant Secretary for Visa 
Services must pay the fee upon being notified that a visa is expected 
to become available in the near future, and upon being requested to 
obtain the supporting documentation needed to apply formally for a 
visa, in accordance with instructions received with such notification. 
The fee must be paid before an applicant at a post so designated will 
receive an appointment to appear and make application before a consular 
officer. Applicants at a post not yet so designated will pay the fee 
immediately prior to formal application for a visa. A fee collected for 
the processing of an immigrant visa application is refundable only if 
the principal officer of a post or the officer in charge of a consular 
section determines that the application was not

[[Page 35299]]

adjudicated as a result of action by the U.S. Government over which the 
alien had no control and for which the alien was not responsible, which 
precluded the applicant from benefitting from the processing, or as 
provided in paragraph (b)(2).
    (2) Waiver or refund of fees for replacement immigrant visas. The 
consular officer shall waive the application processing fee for a 
replacement immigrant visa or, upon request, refund such a fee where 
already paid, if the consular officer is satisfied that the alien, the 
alien's parent(s), or the alien's representative has established that:
    (i) The prior immigrant visa was issued on or after March 27, 2013, 
to an alien who has been lawfully adopted, or who is coming to the 
United States to be adopted, by a United States citizen;
    (ii) The alien was unable to use the original immigrant visa during 
the period of its validity as a direct result of extraordinary 
circumstances, including the denial of an exit permit; and
    (iii) The inability to use the visa was attributable to factors 
beyond the control of the adopting parent or parents and of the alien.

0
5. Section 42.73 is revised to read as follows:


Sec.  42.73  Procedure in issuing visas.

    (a) Evidence of visa. An immigrant visa shall be evidenced by a 
physical visa or by an electronic visa located in the Department's 
records. The appropriate symbol as prescribed in Sec.  42.11, showing 
the classification of the alien, shall be entered on the visa.
    (b) Visa format. A machine-readable visa shall be in the format 
designated by the Department, and contain, at a minimum, the following 
data:
    (1) Full name of the immigrant;
    (2) Visa symbol;
    (3) Location of the visa issuing office;
    (4) Passport number;
    (5) The registration number (A-number) assigned to the immigrant;
    (6) Sex;
    (7) Date of birth;
    (8) Nationality;
    (9) Date of issuance;
    (10) Date of expiration;
    (11) Visa control number;
    (12) Any annotations entered to reflect waivers or other 
information useful to an immigration officer at a port of entry (POE) 
upon the immigrant's application for admission to the United States;
    (13) A digitized photo of the immigrant; and
    (14) Machine-readable data that can be processed by an immigration 
officer at a POE.
    (c) Disposition of supporting documents. Post shall, wherever 
possible, return original supporting documents furnished by the alien. 
Duplicate copies may be retained in the consular system, as required or 
necessary.

0
6. Section 42.74 is revised to read as follows:


Sec.  42.74  Issuance of new, replacement, or duplicate visas.

    (a) New immigrant visa for a special immigrant under INA 
101(a)(27)(A) and (B). The consular officer may issue a new immigrant 
visa to a qualified alien entitled to status under INA 101(a)(27)(A) or 
(B), who establishes:
    (1)(i) That the original visa has been lost, mutilated or has 
expired; or
    (ii) That the alien will be unable to use it during the period of 
its validity; provided that:
    (A) The alien pays anew the application processing fees prescribed 
in the Schedule of Fees (22 CFR 22.1); and
    (B) The consular officer ascertains whether the original issuing 
office knows of any reason why a new visa should not be issued.
    (2) [Reserved]
    (b) Replacement immigrant visa for an immediate relative or for an 
alien subject to numerical limitation. A consular officer may issue a 
replacement visa under the original number of a qualified alien 
entitled to status as an immediate relative (INA 201(b)(2)), a family 
or employment preference immigrant (INA 203(a) or (b)), or a diversity 
immigrant (INA 203(c)), if--
    (1) The alien is unable to use the visa during the period of its 
validity due to reasons beyond the alien's control;
    (2) The visa is issued during the same fiscal year in which the 
original visa was issued, or in the following year in the case of an 
immediate relative only, if the original number had been reported as 
recaptured;
    (3) The number has not been returned to the Department as a 
``recaptured visa number'' in the case of a preference or diversity 
immigrant;
    (4) The alien pays anew the application processing fees prescribed 
in the Schedule of Fees; and
    (5) The consular officer ascertains whether the original issuing 
office knows of any reason why a new visa should not be issued.
    (c) Replacement visa for adoptees. A consular officer may issue a 
replacement immigrant visa to a qualified alien, if the conditions in 
paragraphs (a)(1) and (3) of this section are met, and if the consular 
officer determines--
    (1) A prior immigrant visa was issued on or after March 27, 2013, 
to a child who has been lawfully adopted, or who is coming to the 
United States to be adopted, by a United States citizen;
    (2) The inability to use the visa was attributable to factors 
beyond the control of the adoptee or the adopting parent(s); and
    (3) The application processing fee has been waived pursuant to 
Sec.  42.71(b)(2) or has been paid anew.
    (d) Duplicate visas issued within the validity period of the 
original visa. If the validity of a visa previously issued has not yet 
terminated and the original visa has been lost or mutilated, a 
duplicate visa may be issued containing all of the information 
appearing on the original visa, including the original issuance and 
expiration dates. The applicant shall execute a new application and 
provide copies of the supporting documents submitted in support of the 
original application. The alien must pay anew the application 
processing fees prescribed in the Schedule of Fees.

Carl C. Risch,
Assistant Secretary of Consular Affairs, U.S. Department of State.
[FR Doc. 2019-14195 Filed 7-22-19; 8:45 am]
 BILLING CODE 4710-06-P