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[Federal Register: February 11, 2008 (Volume 73, Number 28)]
[Rules and Regulations]               
[Page 7670]
From the Federal Register Online via GPO Access []



22 CFR Part 42

[Public Notice: 6100]

Visas: Documentation of Immigrants Under the Immigration and 
Nationality Act, as Amended

AGENCY: Department of State.

ACTION: Final rule.


SUMMARY: This rule revises the photo requirement as part of the 
application process for a Diversity Immigrant Visa, to require that the 
photo be in color. Color photographs enhance facial recognition and 
reduce the opportunity for fraud.

DATES: This rule is effective February 11, 2008.

FOR FURTHER INFORMATION CONTACT: Charles Robertson, Legislation and 
Regulations Division, Visa Services, Department of State, 2401 E 
Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-1202, e-
mail (


Why is the Department promulgating this rule?

    In the past, photographs submitted at the time of electronically 
filing petitions for consideration under INA 203(c) for issuance of 
diversity immigrant visas could be in either color or black and white. 
As part of the general harmonization of photo requirements for all visa 
functions, this requirement is being amended to make color photos the 
only acceptable photographs for a petition for consideration for 
diversity visa issuance. Compared to black and white, color photographs 
enhance the facial recognition process and reduce the opportunity for 

Regulatory Findings

Administrative Procedure Act

    This regulation involves a foreign affairs function of the United 
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not 
subject to the rule making procedures set forth at 5 U.S.C. 553.

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 analysis requirements set forth at sections 603 and 604 of 
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, 
consistent with section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 605(b)), the Department certifies that this rule will not have a 
significant economic impact on a substantial number of small entities. 
This regulates individual aliens who seek consideration for diversity 
immigrant visas and does not affect any small entities, as defined in 5 
U.S.C. 601(6).

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), 
Public Law 104-4, 109 Stat. 48, 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.

The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for 
purposes of congressional review of agency rulemaking under the Small 
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. 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 Order 12866

    The Department of State has reviewed this proposed rule to ensure 
its consistency with the regulatory philosophy and principles set forth 
in Executive Order 12866 and has determined that the benefits of the 
proposed regulation justify its costs. The Department does not consider 
the proposed rule to be an economically significant action within the 
scope of section 3(f)(1) of the Executive Order since it is not likely 
to have an annual effect on the economy of $100 million or more or to 
adversely affect in a material way the economy, a sector of the 
economy, competition, jobs, the environment, public health or safety, 
or state, local or tribal governments or communities.

Executive Orders 12372 and 13132: Federalism

    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. Nor will the rule have federalism 
implications warranting the application of Executive Orders No. 12372 
and No. 13132.

Paperwork Reduction Act

    This rule does not impose information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

List of Subjects in 22 CFR Part 42

    Immigration, Photographs, Visas.

Accordingly, for the reasons set forth above, Title 22 part 42 is 
amended as follows:


1. The authority citation for part 42 continues to read as follows:

    Authority: 8 U.S.C. 1104; Pub. L. 107-56, sec. 421.

2. Revise Sec.  42.33 paragraph (b)(2) (iii) to read as follows:

Sec.  42.33  Diversity immigrants.

* * * * *
    (b) * * *
    (2) * * *
    (iii) The image must be in color.
* * * * *

    Dated: January 31, 2008.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
 [FR Doc. E8-2463 Filed 2-8-08; 8:45 am]