Japan Machinery Center for Trade and Investment
Kikaishinko Bldg. 3-5-8 Shibakoen, Minato-ku, Tokyo 105-0011 JAPAN
Tel: +81-3-3431-9507 Fax: +81-3-3436-6455 Website: www.jmcti.org

June 30, 2011

The Honorable Patrick F. Kennedy
Under Secretary for Management
U.S. Department of State
2201 C Street NW
Washington, DC 20520 U.S.A.

Re: Reissuance of Nonimmigrant Visas in the United States
Dear Mr. Under Secretary for Management:
Japan Machinery Center for Trade and Investment (JMC) appreciates the opportunity to provide
comments on the Department of State's "Regulatory Review under E.O. 13563 - Department of State
Preliminary Plan" (DOS-2011-0079) published on May 9, 2011.
JMC is a non-profit organization that consists of 264 member companies, including Japan’s major
electronics and machinery manufacturers, trading companies and engineering companies. JMC’sactivities emphasize multilateral trade and investment rules, bilateral free trade agreements,
environmental protection regulations, national industrial policies, trade related security measures, andtrade insurance.
As of July 16, 2004, the DOS mandated visa renewals to be made outside the US. Thus, visas mostlyused by Japanese expatriates such as ; "L" visa (initial 3-years plus 2-years), and "E" visa (initial 5-yearsplus 5-years) are subjected to be renewed outside of the US such as the US Consulate Generals in Mexico,
Canada or Japan. Normally, most expatriates will stay for more than 3-years and must get their visas
renewed during their stay. Enterprises incur considerable expenses mainly for traveling (a few thousand
dollars per Japanese expatriate) since expatriates and all their family members must travel to any of thethree countries for visa renewal. The loss of working hours for visa renewal (4 days in Mexico, and 1-3weeks in Japan) seriously impacts enterprises. Moreover, it makes a serious effects on education tochildren who accompany their expatriates to the US due to be absent from their school for a long term in
the case of visa reissuance for the family. It means that enterprises bear not only excessive monetary
expenditures but also unwilling temporary leave.
According to the DOS's Public Notice 4747 "Discontinuation of Reissuance of Certain Nonimmigrant
Visas in the United States" (69 Federal Register 35121), the reason the DOT ceased visa renewals inside
the US is that "it is not feasible for the Department to collect the biometric identifiers in the United States"
as a result of Enhanced Security and Visa Entry Reform Act of 2002 (Pub. L. 107-173). So far as we areJapan Machinery Center for Trade and Investment

aware, however, biometric identifications are now available at the USCIS Application Support Centers
across the US, which information is currently collected in Consulate Generals outside the US. Also, 22
CFR 41.111(b) shows that the DOS still has the authority to issue visas for qualified expatriates inside theUS. The latest facilities at USCIS Application Support Centers could enable the DOS to conduct visa
renewal in the US in complying with the request of Enhanced Security and Visa Entry Reform Act.
We welcome the DOS has started reviewing the rule and advocate visa renewal will be allowed inside theUS. As Executive Order 13563 points out, regulations should be reviewed along with technologicalinnovation and its diffusion, which will generally bring many benefits with lower costs. We are confident
that visa renewal inside the US will reduce regulatory burden and will contribute to more economic
prosperity in the US.
We greatly appreciate your consideration.
<Related regulations and documents>
Regulatory Review under E.O. 13563 - Department of State Preliminary Plan
http://www.regulations.gov/#!docketDetail;dct=O+SR+PR+N+FR;rpp=10;po=0;D=DOS-2011-0079

Federal Register/Vol. 69, No. 120/Wednesday, June 23, 2004/Notices
http://edocket.access.gpo.gov/2004/pdf/04-14245.pdf

Pub. L. 107-173 Enhanced Security and Visa Entry Reform Act of 2002
http://www.uscis.gov/ilink/docView/PUBLAW/HTML/PUBLAW/0-0-0-24919.html

22 CFR 41.111(b) - Authority to issue visa
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=c3aa434e4677740a1375a024737ca738&rgn=div8&view=
text&node=22:1.0.1.5.27.11.1.1&idno=22

Sincerely yours,

Takehiko Inoue
Chairperson of International Trade and Investment Committee
Japan Machinery Center for Trade and Investment (JMC)
Please see attached member list2