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[Federal Register: March 19, 2001 (Volume 66, Number 53)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Part 42
[Public Notice 3555]
Visas: Documentation of Immigrants--International Broadcasters
AGENCY: Bureau of Consular Affairs, DOS.
ACTION: Interim rule with request for comments.
SUMMARY: This rule incorporates into existing regulation a new special
immigrant visa classification for certain international broadcasting
employees of the International Broadcasting Bureau of the Broadcasting
Board of Governors or grantees of that Board. This addition to the
regulation results from an amendment to the pertinent legislation. The
change will permit certain broadcasting employees to receive immigrant
visas and apply for entry into the United States as immigrants.
DATES: Effective date: This interim rule is effective on April 18,
Comment date: Written comments must be submitted on or before May
ADDRESSES: Submit comments in duplicate to the Chief, Legislation and
Regulations Division, Visa Services, Department of State, 20520-0106,
(202) 663-1204, e-mail email@example.com, or fax at (202) 663-3898.
FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
What Is the Authority for This Rule?
Pub. L. 106-536 created a new class of special immigrants under INA
203(b)(4) for international broadcasting employees. Such aliens must be
seeking to enter the United States to work as a broadcaster for the
International Broadcasting Bureau of the Broadcasting Board of
Governors, or for a grantee of the Broadcasting Board of Governors. The
alien's accompanying spouse and child(ren) are entitled to derivative
status. The law limits the number of immigrants in this category to 100
annually, excluding spouses and children for whom there is no numerical
How Is the Department Amending its Regulation?
The Department is amending its regulation at 22 CFR 42.32 by adding
a new paragraph (d)(8).
What Effect Will This Rule Have on Current Regulations?
This rule authorizes consular officers to accord fourth preference
employment-based special immigrant classification to certain
international broadcasters. As with other classes of fourth preference
employment-based immigrants, the alien must be the beneficiary of an
Administrative Procedure Act
The Department's implementation of this regulation as an interim
rule is based upon the ``good cause'' exceptions found at 5 U.S.C.
553(b)(B) and (d)(3). As the amendment to the regulation simply
implements without interpretation a legislative mandate that provides a
benefit to aliens by extending special immigrant status to a specific
class of aliens, the Department has determined that it is unnecessary
to publish a proposed rule or to solicit comments from the public. In
view of this benefit and since the amendment applies to visas made
available in any fiscal year beginning on or after October 1, 2000, the
rule will be made effective immediately upon publication in the Federal
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. 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 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.
Executive Order 12866
The Department of State does not consider this rule, to be a
``significant regulatory action'' under Executive Order 12866, section
3(f), Regulatory Planning and Review, and the Office of Management and
Budget has waived its review process under section 6(a)(3)(A).
Executive Order 13132
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
List of Subjects in 22 CFR Part 42
Aliens, Immigrants, Passports and Visas.
1. The authority citation for Part 42 shall continue to read:
Authority: 8 U.S.C. 1104.
2. Amend Sec. 42.32 by adding a new paragraph (d)(8) to read as
Sec. 42.32 [Amended]
* * * * *
(d) * * *
(8) Certain United States international broadcasting employees.
(i) Entitlement to status. An alien is classifiable as a special
immigrant under INA 203(b)(4) as described in INA 101(a)(27)(M), if the
consular office has received a petition approved by the INS to accord
such classification, or official notification of such an approval, and
the consular officer is satisfied from the evidence presented that the
alien is within the class described in INA 101(a)(27)(M).
(ii) Entitlement to derivative status. Pursuant to INA 203(d), and
whether or not named in the petition, the spouse or child of any alien
classified under INA 203(b)(4) as a special immigrant qualified under
this section, if not otherwise entitled to an immigrant status and the
immediate issuance of a visa, is entitled to derivative status
corresponding to the classification and priority date of the
beneficiary of the petition.
* * * * *
Dated: December 22, 2000.
Acting Assistant Secretary for Consular Affairs, U.S. Department of
[FR Doc. 01-6477 Filed 3-16-01; 8:45 am]
BILLING CODE 4710-06-P
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