[Federal Register: June 6, 2002 (Volume 67, Number 109)]
[Rules and Regulations]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF STATE
22 CFR Parts 41 and 42
[Public Notice 4028]
Documentation of Immigrants and Nonimmigrants Under the
Immigration and Nationality Act, as Amended--Visa Fees: Interim Rule
With Request for Comments
AGENCY: Department of State.
ACTION: Interim rule with request for comments.
SUMMARY: This rule reflects and conforms visa regulations to the
changes made in a final rule amending the Schedule of Consular Services
Fees published on Thursday, May 16, 2002. The latter rule waives all
nonimmigrant visa fees for U. S. Government foreign national employees
who are travelling to the United States on official business. It also
provides for merging the processing and issuance fees associated with
immigrant visas. Each of those changes necessitates the revision of
related visa regulations. Finally, this rule eliminates a subsection
relating to the validity of visas issued to certain residents of Hong
Kong, because the law underlying that provision expired on January 1,
DATES: Written comments may be submitted on or before July 8, 2002.
ADDRESSES: Written comments may be submitted, in duplicate, to the
Legislation and Regulations Division, Visa Services, Department of
State, Washington, DC 20520-0106 or by e-mail to firstname.lastname@example.org.
FOR FURTHER INFORMATION CONTACT: Elizabeth J. Harper, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
D.C. 20520-0106, (202) 663-1221, e-mail email@example.com, or fax at
(202) 663-3898 with respect to the legal sufficiency of this rule or
similar matters. For enquiries about the effect of this rule on
individual cases, contact the Visa Office by e-mail at
www.usvisa.state.gov. See reference to Susan Abeyta below, regarding
comments on the changes in the Schedule of Fees.
SUPPLEMENTARY INFORMATION: A current regulation, at 22 CFR 41.107(c),
lists the two classes of aliens who are exempt from the payment of
nonimmigrant visa fees. This rule adds foreign employees of the U.S.
Government who will travel to the United States on official business to
With respect to immigrant visas, 22 CFR 42.71(b) currently
identifies two levels of activity for which fees are assessed. The
first is for the processing of an application for an immigrant visa and
the second is for the issuance of such a visa. It also sets forth
different time frames for the collection of such individual fees. As
the Department is combining these fees into a single fee covering all
processing functions, editorial changes to 42.71 have become necessary.
The timing of the payment of these fees and the basis for the refund of
the single fee have been appropriately modified to accord with having
one fee rather than separate fees for separate services.
Why Are These Changes Being Made?
The changes in this interim rule are necessary, as stated above,
because the Schedule of Consular Services Fees was recently amended in
a final rule published May 16, 2002 (Public Notice 4016; 67 FR 34831).
Why Was the Fee Schedule Changed?
A cost study underlies the changes in the proposed new Schedule of
Consular Fees, which includes some modest increases in some visa fees.
The considerations taken into account are set forth fully in the rule
pertaining to the new Schedule. Any questions regarding the changes in
the fee schedule should be directed to Susan Abeyta, Office of the
Executive Director, Bureau of Consular Affairs, telefax: (202) 663-
2499; e-mail: firstname.lastname@example.org as noted in that proposed rule.
Why Is There a Waiver of Fees for Some Nonimmigrants and Not Others?
The Congress in a public law enacted one of the current waivers of
another results from international comity. The latest addition to the
list, made in this rule, is for non-citizen employees of the United
States Government, who are employed abroad but coming to the United
States on official business in connection with that employment. We
believe such travel to be primarily in the interest of the U.S.
Government, so that the issuance of the visa is not primarily a benefit
to the traveler for which a fee would be charged.
Are There Any Other Changes in This Regulation?
Yes. We are making editorial amendments in the several places where
references to ``application and issuance fees'' appear in other
sections of part 42, to conform with the language changes discussed
above. We are also deleting a subsection of 22 CFR 42.72 relating to
immigrants from Hong Kong because the underlying statute expired on
January 1, 2002.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a
30-day provision for public comments, to accord with the proposed rule
it is complementing.
Regulatory Flexibility Act
Pursuant to Sec. 605 of the Regulatory Flexibility Act, the
Department has assessed the potential impact of this rule, and the
Assistant Secretary for Consular Affairs hereby certifies that it is
not expected to 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 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. In addition, the Department is
exempt from Executive Order 12866 except to the extent that it is
promulgating regulations in conjunction with a domestic agency that are
significant regulatory actions. The Department has nevertheless
reviewed the regulation to ensure its consistency with the regulatory
philosophy and principles set forth in that Executive Order.
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 require consultations or warrant
the preparation of a federalism summary impact statement.
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
List of Subjects in 22 CFR Parts 41 and 42
Aliens, Fees, Immigrants, Nonimmigrants, Passports and visas.
Accordingly, the Department of State amends 22 CFR Chapter I as set
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 et
2. Add to Sec. 41.107(c) a new paragraph (c)(3) to read as follows:
Sec. 41.107 Visa Fees.
* * * * *
(c) Certain aliens exempted from fees.
* * * * *
(3) Foreign national employees of the U. S. Government who are
travelling to the United States on official business in connection with
* * * * *
3. The authority citation for part 42 continues to read as follows:
Authority: 8 U.S.C. 1104.
4. Revise Sec. 42.33(h)(2) to read as follows:
Sec. 42.33 Diversity Immigrants.
* * * * *
(h) Further processing.
* * * * *
(2) Names of visa recipients shall not be maintained in connection
with this information and the information shall be compiled and
maintained in such form that the identity of visa recipients cannot be
(i) Diversity Visa Lottery Surcharge. In addition to collecting the
immigrant visa application processing fee, as provided in Sec. 42.71(b)
of this part, the consular officer shall also collect from each
applicant for a visa under the Diversity Immigrant Visa Program such
fee for the processing of the diversity lottery as the Secretary of
5. Revise Sec. 42.71 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. (Consular offices
designated to issue immigrant visas are listed periodically in Visa
Office Bulletins published at www.travel.state.gov by the Department of
State.) A consular officer assigned to duty in the territory of a
country against which the sanctions provided in INA 243(d) have been
invoked must not issue an immigrant visa to an alien who is a national,
citizen, subject, or resident of that country, unless the officer has
been informed that the sanction has been waived by INS in the case of
an individual alien or a specified class of aliens.
(b) Immigrant visa fees. The Secretary of State prescribes a fee
for the processing of immigrant visa applications. 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 processing fee upon being notified that a visa is expected to
become available in the near future and being requested to obtain the
supporting documentation needed to apply formally 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
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,
that precluded the applicant from benefiting from the processing.
Sec. 42.72 [Amended]
6. Amend Sec. 42.72 by removing and reserving paragraph (c).
Sec. 42.74 [Amended]
7. Amend Sec. 42.74 by:
a. In paragraph (a)(2)(i), (b)(iv), and (c), removing
``statutory'', removing ``and issuance'' and adding in its place
``processing'', and adding ``prescribed in the Schedule of Fees'' after
b. In paragraph (b)(1)(v) add an ``s'' to ``ascertain''.
Dated: April 19, 2002.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-13001 Filed 6-5-02; 8:45 am]
BILLING CODE 4710-06-P
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