[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Rules and Regulations]
[Pages 55692-55693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21249]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 11458]
RIN 1400-AE82


Visas: Documentation of Nonimmigrants Under the Immigration and 
Nationality Act; Validity of Visa

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: This final rule replaces an outdated form name and number with 
a revised form name and number used for processing exchange visitor 
visas and updates the agency responsible for maintaining the form.

DATES: This final rule is effective November 8, 2021.

FOR FURTHER INFORMATION CONTACT: Andrea B. Lage, Acting Regulatory 
Coordinator, U.S. Department of State, Bureau of Consular Affairs, Visa 
Services, 600 19th Street NW, Washington, DC 20522, 202-485-7586, 
[email protected].

SUPPLEMENTARY INFORMATION: This rule makes a technical update to 
replace an outdated reference to Form IAP-66, Certificate of 
Eligibility for Exchange Visitor Status, with the updated name of Form 
DS-2019, Certificate of Eligibility for Exchange Visitor Status (J-
NONIMMIGRANT) (hereinafter, Form DS-2019), which the Department of 
State has maintained since 2001.
    Effective October 1, 1999, in accordance with sections 301 and 312 
of the Foreign Affairs Reform and Restructuring Act of 1998, as 
amended,\1\ the United States Information Agency, which administered 
the Exchange Visitor Program, was abolished and its functions were 
transferred to the Department of State. Following the transfer, the 
Department of State's Bureau of Educational and Cultural Affairs (ECA) 
assumed responsibility for the Exchange Visitor Program. On October 11, 
2001, the Office of Management and Budget approved ECA's request to 
replace the Form IAP-66 with Form DS-2019. Then, on April 11, 2002, ECA 
published an interim final rule that replaced the outdated Form IAP-66 
with the new Form DS-2019 in several sections of 22 CFR part 62,\2\ but 
no corresponding changes were made in 22 CFR part 41 at the time.
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    \1\ 22 U.S.C. 6501.
    \2\ 67 FR 17613 (April 11, 2002).
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    Exchange Visitor Program sponsors issue Forms DS-2019 to 
prospective exchange visitors. The Form DS-2019 identifies the exchange 
visitor and his or her designated sponsor, and provides a brief 
description of the exchange visitor's program, including the start and 
end date, category of exchange, and an estimate of the cost of the 
exchange program. The prospective exchange visitor must provide a 
properly executed Form DS-2019 to a consular officer to be issued a J-1 
nonimmigrant visa. See 22 CFR 41.62(a)(1). After being admitted to the 
United States, a responsible officer extending the program of an 
exchange visitor is required to provide the exchange visitor a duly 
executed Form DS-2019 reflecting the extension and provide a 
notification copy of such form to the Department of State. 22 CFR 
62.43(b).
    By amending 22 CFR 41.112, this rule will update the Department's 
regulations governing the process through which the validity of an 
expired nonimmigrant visa may be automatically extended to the date of 
application for readmission under certain circumstances. Certain 
exchange visitors may apply with DHS for readmission after an absence 
of 30 days or less solely in a contiguous territory or adjacent islands 
other than Cuba by presenting a current Form DS-2019 and a valid 
passport.\3\ 22 CFR 41.112(d)(2)(ii). Additionally, in cases where DHS 
has changed the original nonimmigrant classification to another 
nonimmigrant classification, the validity of the expired or unexpired 
nonimmigrant visa may be considered to be automatically extended to the 
date of application for admission, and the visa may be converted as 
necessary to that changed classification. 22 CFR 41.112(d)(1)(ii).
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    \3\ To be eligible to seek admission based on automatic 
extension of nonimmigrant visa validity, the applicant must have 
maintained and intend to resume nonimmigrant status; be applying for 
readmission within the authorized period of initial admission or 
extension of stay; not require authorization for admission under 
section 212(d)(3) of the Immigration and Nationality Act, 8 U.S.C. 
1182(d)(3); not have applied for a new visa while abroad; and not be 
a national of a country identified as supporting terrorism in the 
Department's annual Patterns of Global Terrorism report.
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Regulatory Findings

Administrative Procedure Act

    This rule constitutes a rule of policy and procedure, and as a 
result, it is exempt from notice and comment under 5 U.S.C. 
553(b)(3)(A).

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(b), it is exempt from the regulatory 
flexibility analysis requirements set forth by the Regulatory

[[Page 55693]]

Flexibility Act (5 U.S.C. 601 et seq.). Nonetheless, the Department of 
State certifies that this rule will not have a significant economic 
impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 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 does 
not require the Department of State to prepare a statement because it 
will not result in any such expenditure, nor will it significantly or 
uniquely affect small governments. This rule involves visas, which 
involves foreign individuals, and does not directly or substantially 
affect state, local, or tribal governments, or businesses.

Congressional Review Act

    This rule is not a major rule as defined in 5 U.S.C. 804. This rule 
will not result in an annual effect on the economy of $100 million or 
more; a major increase in costs or prices; or adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of United States-based companies to compete with foreign-based 
companies in domestic and import markets.

Executive Orders 12866 and 13563

    Executive Orders 13563 and 12866 direct agencies to assess costs 
and benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributed impacts, and equity). These Executive Orders 
stress the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. The 
Department of State has examined this rule in light of Executive Order 
13563, and has determined that the rulemaking is consistent with the 
guidance therein. The Department of State has reviewed this rulemaking 
to ensure its consistency with the regulatory philosophy and principles 
set forth in Executive Order 12866. There are no anticipated direct 
costs to the public associated with this rule.

Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effect 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 
13132.

Executive Order 12988: Civil Justice Reform

    The Department of State has reviewed the rule 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.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    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 Section 5 of Executive 
Order 13175 do not apply to this rulemaking.

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 
35. The Form DS-2019, Certificate of Eligibility for Exchange Visitor 
Status (J-NONIMMIGRANT), is approved under the PRA (OMB Control No. 
1405-0119).

List of Subjects in 22 CFR Part 41

    Aliens, Cultural Exchange Program, Nonimmigrant, Visas.

    Accordingly, for the reasons set forth in the preamble, 22 CFR 
Ppart 41 is amended to read 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. 1101; 1102; 1104; 1182; 1184; 1185 note 
(section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. 
L. 109-295); 1323; 1361; 2651a.


0
2. In Sec.  41.112, revise paragraph (d)(2)(i) to read as follows:


Sec.  41.112  Validity of visa.

* * * * *
    (d) * * *
    (2) * * *
    (i) Is in possession of a Form I-94, Arrival-Departure Record, 
endorsed by DHS to show an unexpired period of initial admission or 
extension of stay, provided that in the case of a qualified F student 
or the accompanying spouse or child of such student, is in possession 
of a current Form I-20, Certificate of Eligibility for Nonimmigrant 
Student Status, issued by the school that the student has been 
authorized to attend by DHS and endorsed by the issuing school official 
to indicate the period of initial admission or extension of stay 
authorized by DHS, and provided that in the case of a qualified J 
exchange visitor or the accompanying spouse or child of such exchange 
visitor, is in possession of a current Form DS-2019, Certificate of 
Eligibility for Exchange Visitor Status (J-NONIMMIGRANT), issued and 
endorsed by the Department of State-designated sponsor of the exchange 
program, to indicate the period of initial admission authorized by DHS 
or the extension of stay authorized by the Department of State;
* * * * *

Kevin E. Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2021-21249 Filed 10-6-21; 8:45 am]
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