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[Federal Register: August 29, 2002 (Volume 67, Number 168)]
[Rules and Regulations]               
[Page 55319-55320]
From the Federal Register Online via GPO Access []

Rules and Regulations
                                                Federal Register

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 


[[Page 55319]]


22 CFR Part 42

[Public Notice 4092]

Visas: Documentation of Immigrants--Visa Classification Symbols

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.


SUMMARY: This rule amends the Department's regulations to add and 
delete immigrant visa symbols on the immigrant visa classification 
table. The Department is amending the table to add a new class of 
special immigrants for certain aliens who had petitions or labor 
certification applications revoked, terminated or rendered null due to 
the terrorist activities of September 11, 2001, and for the guardian 
grandparents of certain children rendered orphans by the attacks. The 
Department is also taking this opportunity to remove the HK immigrant 
classification symbols used for transition employees of certain U.S. 
businesses in Hong Kong and their dependents whose visa validity was 
extended under section 124 of Public Law 101-649. This immigrant status 
was valid only through January 1, of 2002. The Department is also 
changing ``orphan'' to ``child'' under the classification definition 
IR3 and correcting the section of law citation under the entry AM3 to 
read ``Public Law 100-102'' instead of ``P.L. 100-202''.

DATES: This rule takes effect on August 29, 2002.

FOR FURTHER INFORMATION CONTACT: For information regarding this 
regulation please contact Pam Chavez, Legislation and Regulations 
Division, Visa Services, Department of State, Washington, DC 20520-
0106, phone (202) 663-1206 or e-mail


What Legislation Created These Visa Categories?

    Public Law 107-56 (the USA Patriot Act) provided special 
immigration benefits for certain victims of the terrorist acts of 
September 11, 2001. Section 421 of this Act created a new special 
immigrant category (SP) for certain aliens who were beneficiaries of 
petitions or labor certification applications which were revoked, 
terminated or otherwise rendered null due to the terrorist attacks of 
September 11, 2001. The USA Patriot Act also provides special immigrant 
status for the spouse and children of these aliens and for certain 
grandparents of children who were orphaned as a result of these 
    Section 124 of Public Law 101-649 (IMMACT 90) extended the visa 
validity for employees of certain U.S. businesses located in Hong Kong 
to January 1, 2002. Aliens issued visas under section 124 of IMMACT 90 
were given the classification symbol HK. Since visas are no longer 
being issued for this visa classification, the Department is removing 
the code from the classification table.

How Is the Department Amending its Regulations?

    The rule amends the immigrant visa classification table at 22 CFR 
42.11 by adding a new classification symbol SP. The rule also removes 
the classification symbols HK1, HK2 and HK3. In the classification 
symbol IR4, the word ``orphan'' is replaced by the word ``child''. In 
the classification symbol AM3, the public law citation should read 
``Public Law 100-102.''

Final Rule

Administrative Procedure Act

    The Department's implementation of this regulation as a final rule 
is based upon the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) 
and (d)(3). Since the new special immigrant category became effective 
upon enactment of the law and since there is a substantial immediate 
benefit to aliens, citizens and lawful permanent residents, there is 
not enough time nor sufficient reason to delay its implementation by 
issuing a proposed rule with request for comments.

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

    Although it is being promulgated in conjunction with the 
Immigration and Naturalization Service, a domestic agency, 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. Therefore, in accordance with the 
letter to the Department of State of February 4, 1994 from the Director 
of the Office of Management and Budget, it does not require review by 
the Office of Management and Budget.

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

[[Page 55320]]

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 
requirements under the Paperwork Reduction Act.

List of Subjects in 22 CFR Part 42

    Aliens, Immigrants, Passports and visas.


    1. The authority citation for part 42 is revised to read as 

    Authority: 8 U.S.C. 1104.

    2. Amend Sec. 42.11 as follows:
    a. In the table, under the heading ``Immediate Relatives'', revise 
the entry for IR4;
    b. In the table, revise the entries under the heading ``Vietnam 
Amerasian Immigrants'';
    c. In the table, under the heading ``Employment 4th Preference 
(Certain Special Immigrants)'', add an entry for SP in alpha-numeric 
order; and
    d. In the table, remove the heading ``Transition for Employees of 
Certain U.S. Businesses in Hong Kong (Fiscal Years 1991-1993)*'' and 
the entries HK1, HK2 and HK3, and remove the note at the end of the 
    The revisions and additions read as follows:

Sec. 42.11  Classification symbols.

* * * * *

               Symbol                                Class                             Section of law
                                               Immediate Relatives

*                  *                  *                  *                  *                  *
IR4................................  Child Adopted Abroad by U.S. Citizen.  201(b)

*                  *                  *                  *                  *                  *
                                          Vietnam Amerasian Immigrants
AM1................................  Vietnam Amerasian Principal..........  584(b)(1)(A), 584(b)(1)(B), and
                                                                             584(b)(2)(C) of the Foreign
                                                                             Operations, Export Financing, and
                                                                             Related Programs Appropriations
                                                                             Act, 1988 (As contained in section
                                                                             101(e) of Public Law 100-102 as
AM2................................  Spouse or Child of AM1...............  ....................................
AM3................................  Natural Mother of Unmarried AM1
                                      (Spouse or Child of Such Mother) or
                                      Person Who has Acted in Effect as
                                      the Mother, Father, or Next-of-Kin
                                      of Unmarried AM1 (and Spouse or
                                      Child of Such Person).

*                  *                  *                  *                    *                    *
                             Employment 4th Preference (Certain Special Immigrants)

*                  *                  *                    *                    *                  *
SP.................................  Alien Beneficiary of a petition or     Section 421 of Public Law 107-56.
                                      labor certification application
                                      filed prior to September 11, 2001,
                                      if the petition or application was
                                      rendered void due to a terrorist act
                                      of September 11, 2001. Spouse, child
                                      of such alien, or the grandparent of
                                      a child orphaned by a terrorist act
                                      of September 11, 2001.

*                    *                  *                  *                  *                *

    Dated: July 31, 2002.
George Lannon,
Acting Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 02-20090 Filed 8-28-02; 8:45 am]