[Federal Register Volume 72, Number 44 (Wednesday, March 7, 2007)]
[Rules and Regulations]
[Pages 10060-10064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3871]



[[Page 10060]]

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DEPARTMENT OF STATE

22 CFR Part 41

RIN 1400-AB49
[Public Notice 5711]


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

AGENCY: State Department.

ACTION: Final rule.

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SUMMARY: This final rule amends the Department of States regulations 
related to students and exchange visitors to reflect changes introduced 
by Public Law108-441, and numerous administrative and procedural 
changes that have occurred with respect to these paragraphs following 
the transfer of the exchange visitor INA 212(e) waiver authority in 
1999 from the United States Information Agency (USIA) to the Bureau of 
Consular Affairs in the Department of State. A number of these changes 
are non-substantive (i.e., agency name changes [the Department of 
Homeland Security in place of the Immigration and Naturalization 
Service], updating of office designations, etc.). Other changes reflect 
statutory amendments regarding waivers for the exchange visitor 
physicians and the proposed reconstitution of the Exchange Visitor 
Waiver Review Board.

DATES: This rule is effective on March 7, 2007.

FOR FURTHER INFORMATION CONTACT: Charles Robertson, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-1202, e-mail (<a href="/cdn-cgi/l/email-protection#34465b56514640475b5a5751077447405540511a535b42"><span class="__cf_email__" data-cfemail="087a676a6d7a7c7b67666b6d3b487b7c697c6d266f677e">[email protected]</span></a>).

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

    On October 1, 1999, the United States Information Agency was 
consolidated into the United States Department of State. The 
reorganization was carried out in accordance with the Foreign Affairs 
Reform and Restructuring Act of 1998, which also called for the Arms 
Control and Disarmament Agency and some functions of the Agency for 
International Development to be integrated into the Department of 
State.
    As a consequence of this extensive merger, the Department of State 
issued a final rule (64 FR 54538-54541) amending USIA's regulations. 
The final rule repealed, revised, re-designated, and otherwise amended 
USIA's authorities. Among other things, the USIA Waiver Review Branch 
of the Office of the General Counsel was moved into the Department of 
State's Visa Office. The USIA Waiver Review Branch became the Waiver 
Review Division of the Office of Legislation, Regulations, and Advisory 
Assistance, Visa Services, Bureau of Consular Affairs, CA/VO/L/W. It 
maintains its previous responsibilities for reviewing applications by 
J-1 exchange visitors who are seeking waivers of the two-year foreign 
residence requirement set forth at Section 212(e) of the Immigration 
and Nationality Act (INA). The Division makes recommendations to the 
Department of Homeland Security concerning such waivers.

Do these administrative changes really need changes in the authorities?

    The Department of State inherited a multitude of functions as a 
result of the October 1, 1999 consolidation of USIA into the Department 
of State. The pertinent regulations to the waiver function contain 
errors as well as out-of-date references, so this regulation corrects 
these items. Also, Public Law 108-441, signed into law on December 3, 
2004, amended section 214(l) of the Immigration and Nationality Act, 
which makes certain changes regarding foreign medical graduates who 
obtain J-1 status in order to receive graduate medical education or 
training.

What specific errors does this regulation address?

    Our regulation updates the required J-visa application form 
(Certificate of Eligibility for Exchange Visitor (J-1) Status), IAP-66, 
to reflect the current Department-approved designation, DS-2019. The 
term ``Secretary of State'' replaces the term ``Director of USIA''. The 
Department of Homeland Security replaces the Immigration and 
Naturalization Service. The medical schools have been clearly 
identified as ``foreign'' medical schools. The Waiver Review Board, 
which is occasionally and incorrectly referred to as the ``division'' 
rather than the ``board'', is also herein corrected. Finally, 
references to USIA's authorities previously located at 22 CFR part 514 
have been corrected to reflect their relocation at 22 CFR 41.62 and 
41.63. The regulation also simplifies language identifying the 
jurisdictional DHS office to which the waiver recommendation is sent. 
The language is flexible permitting DHS to designate different offices 
without the need for the Department to modify these regulations.

Why is the Department making the review of persecution cases with the 
Bureau of Democracy, Human Rights and Labor (DRL) permissive rather 
than mandatory?

    Section 212 (e) of the Act grants the Department of Homeland 
Security (DHS), exclusive authority to determine the existence of 
prospective persecution in these cases. Thus, the Visa Office honors 
the holding of DHS in these cases and perceives no need to submit all 
cases for further review. We have found that the results are 
sufficiently consistent with DHS findings to render this action 
superfluous. Furthermore, the Waiver Review Division will only submit a 
case for an opinion if it believes that circumstances may have 
meaningfully changed since the DHS finding of persecution.

Why is the Waiver Review Board being reconstituted?

    The Waiver Review Board provided USIA with an excellent means of 
deciding cases that have compelling competing interests. The Visa 
Office found the Board to be a useful tool for representing differing 
interests and for reaching a consensus on difficult cases. This 
regulation proposes to realign the representation of the Board by 
apportioning Board membership between policy formulators in the Bureau 
of Consular Affairs and principals administering the exchange visitor 
program interests in the Bureau of Education and Cultural Affairs. The 
rule proposes to designate the Principal Deputy Assistant Secretary for 
Consular Affairs as the chair.

Why is the Department not clearly identifying the number of cases that 
can be approved annually under the Conrad program?

    The old regulation indicates that 20 exchange visitor physicians 
could qualify for this program per state annually. But the law was 
amended to increase that number to 30. Further modifications to the 
numerical limitation on Conrad program beneficiaries are a distinct 
possibility; consequently, to avoid periodic amendment of the 
regulation, the language is being modified to refer non-specifically to 
the annual limitation.

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.

[[Page 10061]]

Regulatory Flexibility Act/Executive Order 13272

    Small Business. This rule is not subject to the notice-and-comment 
rulemaking provisions of the Administrative Procedure Act or any other 
act, and, accordingly it does not require analysis under the Regulatory 
Flexibility Act (5 U.S.C. 601, et seq.) and Executive Order 13272, 
section 3(b).

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: Regulatory Review

    The Department of State has reviewed this 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 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.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the proposed regulations in light of 
sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate 
ambiguity, minimize litigation, establish clear legal standards, and 
reduce burden.

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 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports 
and Visas, Students.


0
For the reasons stated in the preamble, the Department of State amends 
22 CFR Part 41 to read as follows:

PART 41--[AMENDED]

0
1. The authority citation for part 41 continues to read:

    Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801. Additional authority is derived from Section 104 
of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (IIRIRA) Pub. L. 104-208, 110 Stat. 3546.


0
2. Section 41.62 is amended by revising paragraphs (a)(1), (c)(1)(i), 
(c)(1)(ii), and (c)(3) to read as follows:


Sec.  41.62  Exchange visitors.

    (a) * * *
    (1) Has been accepted to participate, and intends to participate, 
in an exchange visitor program designated by the Bureau of Education 
and Cultural Affairs, Department of State, as evidenced by the 
presentation of a properly executed Form DS-2019, Certificate of 
Eligibility for Exchange Visitor (J-1) Status;
* * * * *
    (c) * * *
    (1) * * *
    (i) The alien's participation in one or more exchange programs was 
wholly or partially financed, directly or indirectly, by the U.S. 
Government or by the government of the alien's last legal permanent 
residence; or
    (ii) At the time of the issuance of an exchange visitor visa and 
admission to the United States, or, if not required to obtain a 
nonimmigrant visa, at the time of admission as an exchange visitor, or 
at the time of acquisition of such status after admission, the alien is 
a national and resident or, if not a national, a legal permanent 
resident (or has status equivalent thereto) of a country which the 
Secretary of State has designated, through publication by public notice 
in the Federal Register, as clearly requiring the services of persons 
engaged in the field of specialized knowledge or skill in which the 
alien will engage during the exchange visitor program; or
* * * * *
    (3) The country in which 2 years' residence and physical presence 
will satisfy the requirements of INA 212(e) in the case of an alien 
determined to be subject to such requirements is the country of which 
the alien is a national and resident, or, if not a national, a legal 
permanent resident (or has status equivalent thereto).
* * * * *

0
3. Section 41.63 is amended by revising paragraphs (a)(1)(ii), (a)(2), 
(a)(3), (b)(1), (b)(2), (c)(1), (c)(3), (c)(4) introductory text, 
(c)(5), (d)(1), (d)(2), (d)(3), (e)(1), (e)(2), (e)(3)(i), (e)(3)(ii), 
(e)(3)(iii), (e)(3)(iv), (e)(3)(v), (e)(3)(viii), (e)(4), (f) and (g) 
to read as follows:


Sec.  41.63  Two-year home-country physical presence requirement.

    (a) * * *
    (1) * * *
* * * * *
    (ii) Who at the time of admission or acquisition of status under 
101(a)(15)(J) was a national or legal permanent resident of a country 
which the Secretary of State, pursuant to regulations prescribed by 
him, had designated as clearly requiring the services of persons 
engaged in the field of specialized knowledge or skill in which the 
alien was engaged [See the most recent ``Revised Exchange Visitor 
Skills List'', at http://exchanges.state.gov/education/jexchanges/participation/skills_list.pdf]; or
* * * * *
    (2) Upon the favorable recommendation of the Secretary of State, 
pursuant to the request of an interested United States Government 
agency (or in the case of an alien who is a graduate of a foreign 
medical school pursuing a program in graduate medical education or 
training, pursuant to the request of a State Department of Public 
Health, or its equivalent), or of the Secretary of Homeland Security 
after the latter has determined that departure from the United States 
would impose

[[Page 10062]]

exceptional hardship upon the alien's spouse or child (if such spouse 
or child is a citizen of the United States or a legal permanent 
resident alien), or that the alien cannot return to the country of his 
nationality or last legal permanent residence because he would be 
subject to persecution on account of race, religion, or political 
opinion, the Secretary of Homeland Security may waive the requirement 
of such two-year foreign residence abroad in the case of any alien 
whose admission to the United States is found by the Secretary of 
Homeland Security to be in the public interest except that in the case 
of a waiver requested by a State Department of Public Health, or its 
equivalent, the waiver shall be subject to the requirements of section 
214(l) of the Immigration and Nationality Act (8 U.S.C. 1184).
    (3) Except in the case of an alien who is a graduate of a foreign 
medical school pursuing a program in graduate medical education or 
training, the Secretary of Homeland Security, upon the favorable 
recommendation of the Secretary of State, may also waive such two-year 
foreign residence requirement in any case in which the foreign country 
of the alien's nationality or last legal permanent residence has 
furnished the Secretary of State a statement in writing that it has no 
objection to such waiver in the case of such alien. Notwithstanding the 
foregoing, an alien who is a graduate of a foreign medical school 
pursuing a program in graduate medical education or training may obtain 
a waiver of such two-year foreign residence requirements if said alien 
meets the requirements of section 214(l) of the Immigration and 
Nationality Act (8 U.S.C. 1184) and paragraphs (a) (2) and (e) of this 
section.
    (b) * * *
    (1) An exchange visitor who seeks a waiver of the two-year home-
country residence and physical presence requirement on the grounds that 
such requirement would impose exceptional hardship upon the exchange 
visitor's spouse or child (if such spouse or child is a citizen of the 
United States or a legal permanent resident alien), or on the grounds 
that such requirement would subject the exchange visitor to persecution 
on account of race, religion, or political opinion, shall submit the 
application for waiver (DHS Form I-612) to the jurisdictional office of 
the Department of Homeland Security.
    (2)(i) If the Secretary of Homeland Security (Secretary of DHS) 
determines that compliance with the two-year home-country residence and 
physical presence requirement would impose exceptional hardship upon 
the spouse or child of the exchange visitor, or would subject the 
exchange visitor to persecution on account of race, religion, or 
political opinion, the Secretary of DHS shall transmit a copy of his 
determination together with a summary of the details of the expected 
hardship or persecution, to the Waiver Review Division, in the 
Department of State's Bureau of Consular Affairs.
    (ii) With respect to those cases in which the Secretary of DHS has 
determined that compliance with the two-year home-country residence and 
physical presence requirement would impose exceptional hardship upon 
the spouse or child of the exchange visitor, the Waiver Review Division 
shall review the program, policy, and foreign relations aspects of the 
case, make a recommendation, and forward it to the appropriate office 
at DHS. If it deems it appropriate, the Waiver Review Division may 
request the views of each of the exchange visitors' sponsors concerning 
the waiver application. Except as set forth in paragraph (g)(4) of this 
section, the recommendation of the Waiver Review Division shall 
constitute the recommendation of the Department of State.
    (iii) With respect to those cases in which the Secretary of DHS has 
determined that compliance with the two-year home-country residence and 
physical presence requirement would subject the exchange visitor to 
persecution on account of race, religion, or political opinion, the 
Waiver Review Division shall review the program, policy, and foreign 
relations aspects of the case, including consultation if deemed 
appropriate with the Bureau of Human Rights and Humanitarian Affairs of 
the United States Department of State, make a recommendation, and 
forward such recommendation to the Secretary of DHS. Except as set 
forth in paragraph (g)(4) of this section, the recommendation of the 
Waiver Review Division shall constitute the recommendation of the 
Department of State and such recommendation shall be forwarded to DHS.
    (c) * * *
    (1) A United States Government agency may request a waiver of the 
two-year home-country residence and physical presence requirement on 
behalf of an exchange visitor if such exchange visitor is actively and 
substantially involved in a program or activity sponsored by or of 
interest to such agency.
* * * * *
    (3) A request by a United States Government agency shall be signed 
by the head of the agency, or his or her designee, and shall include 
copies of all IAP 66 or DS-2019 forms issued to the exchange visitor, 
his or her current address, and his or her country of nationality or 
last legal permanent residence.
    (4) A request by a United States Government agency, excepting the 
Department of Veterans Affairs, on behalf of an exchange visitor who is 
a foreign medical graduate who entered the United States to pursue 
graduate medical education or training, and who is willing to provide 
primary care or specialty medicine in a designated primary care Health 
Professional shortage Area, or a Medically Underserved Area, or 
psychiatric care in a Mental Health Professional Shortage Area, shall, 
in additional to the requirement set forth in paragraphs (c)(2) and (3) 
of this section, include:
* * * * *
    (5) Except as set forth in paragraph (g)(4) of this section, the 
recommendation of the Waiver Review Division shall constitute the 
recommendation of the Department of State and such recommendation shall 
be forwarded to the Secretary of DHS.
    (d) * * *
    (1) Applications for waiver of the two-year home-country residence 
and physical presence requirement may be supported by a statement of no 
objection by the exchange visitor's country of nationality or last 
legal permanent residence. The statement of no objection shall be 
directed to the Secretary of State through diplomatic channels; i.e., 
from the country's Foreign Office to the Department of State through 
the U.S. Mission in the foreign country concerned, or through the 
foreign country's head of mission or duly appointed designee in the 
United States to the Secretary of State in the form of a diplomatic 
note. This note shall include applicant's full name, date and place of 
birth, and present address. If deemed appropriate, the Department of 
State may request the views of each of the exchange visitor's sponsors 
concerning the waiver application.
    (2) The Waiver Review Division shall review the program, policy, 
and foreign relations aspects of the case and forward its 
recommendation to the Secretary of DHS. Except as set forth in Sec.  
41.63(g)(4), infra, the recommendation of the Waiver Review Division 
shall constitute the recommendation of the Department of State.
    (3) An exchange visitor who is a graduate of a foreign medical 
school and who is pursuing a program in graduate medical education or 
training in the United States is prohibited under

[[Page 10063]]

section 212(e) of the Immigration and Nationality Act from applying for 
a waiver solely on the basis of no objection from his or her country of 
nationality or last legal permanent residence. However, an alien who is 
a graduate of a foreign medical school pursuing a program in graduate 
medical education or training may obtain a waiver of such two-year 
foreign residence requirements if said alien meets the requirements of 
section 214(l) of the Immigration and Nationality Act (8 U.S.C. 1184) 
and paragraphs (a)(2) and (e) of this section.
    (e) * * *
    (1) Pursuant to Public Law 103-416, in the case of an alien who is 
a graduate of a medical school pursuing a program in graduate medical 
education or training, a request for a waiver of the two-year home-
country residence and physical presence requirement may be made by a 
State department of Public Health, or its equivalent. Such waiver shall 
be subject to the requirements of section 214(l) of the Immigration and 
Nationality Act (8 U.S.C. 1194(l)) and this Sec.  41.63.
    (2) With respect to such waiver under Public Law 104-416, if such 
alien is contractually obligated to return to his or her home country 
upon completion of the graduate medical education or training, the 
Secretary of State is to be furnished with a statement in writing that 
the country to which such alien is required to return has no objection 
to such waiver. The no objection statement shall be furnished to the 
Secretary of State in the manner and form set forth in paragraph (d) of 
this section and, additionally, shall bear a notation that it is being 
furnished pursuant to Public Law 103-416.
    (3) * * *
    (i) A completed DS-3035. Copies of these forms may be obtained from 
the Visa Office or online at http://www.travel.state.gov.
    (ii) A letter from the Director of the designated State Department 
of Public Health, or its equivalent, which identifies the foreign 
medical graduate by name, country of nationality or country of last 
legal permanent residence, and date of birth, and states that it is in 
the public interest that a waiver of the two-year home residence 
requirement be granted;
    (iii) An employment contract between the foreign medical graduate 
and the health care facility named in the waiver application, to 
include the name and address of the health care facility, and the 
specific geographical area or areas in which the foreign medical 
graduate will practice medicine. The employment contract shall include 
a statement by the foreign medical graduate that he or she agrees to 
meet the requirements set forth in section 214(l) of the Immigration 
and Nationality Act. The term of the employment contract shall be at 
least three years and the geographical areas of employment shall only 
be in areas, within the respective state, designated by the Secretary 
of Health and Human Services as having a shortage of health care 
professionals, unless the waiver request is for an alien who will 
practice medicine in a facility that serves patients who reside in one 
or more geographic areas so designated by the Secretary of Health and 
Human Services without regard to whether such facility is located 
within such a designated geographic area. For the latter situation, 
which will be referred to as ``non-designated requests'', the contract 
should also state that the term of the employment contract shall be at 
least three years and employment shall only be in a facility that 
serves patients who reside in one or more geographic areas so designed 
by the Secretary of Health and Human Services as having a shortage of 
health care professionals.
    (iv) Evidence establishing that the geographic area or areas in the 
state in which the foreign medical graduate will practice medicine or 
where patients who will be served by the foreign medical graduates 
reside, are areas which have been designated by the Secretary of Health 
and Human Services as having a shortage of health care professionals. 
For purposes of this paragraph, the geographic area or areas must be 
designated by the Department of Health and Human Services as a Health 
Professional Shortage Area (``HPSA'') or as a Medically Underserved 
Area/Medically Underserved Population (``MUA/MUP'').
    (v) Copies of all forms IAP 66 or DS-2019 issued to the foreign 
medical graduate seeking the waiver;
* * * * *
    (viii) Because of the numerical limitations on the approval of 
waivers under Public Law 103-416, i.e., no more than the maximum number 
of waivers for each State each fiscal year as mandated by law, each 
application from a State Department of Public Health, or its 
equivalent, shall be numbered sequentially, beginning on October 1 of 
each year. The ``non-designated'' requests will also be numbered 
sequentially with appropriate identifier.
    (4) The Waiver Review Division shall review the program, policy, 
and foreign relations aspects of the case and forward its 
recommendation to the Secretary of DHS. Except as set forth in 
paragraph (g)(4) of this section, the recommendation of the Waiver 
Review Division shall constitute the recommendation of the Department 
of State.
    (f) Changed Circumstances. An applicant for a waiver on the grounds 
of exceptional hardship or probable persecution on account of race, 
religion, or political opinion, has a continuing obligation to inform 
the Department of Homeland Security of changed circumstances material 
to his or her pending application.
    (g) The Waiver Review Board.
    (1) The Waiver Review Board (``Board'') shall consist of the 
following persons or their designees:
    (i) The Principal Deputy Assistant Secretary of the Bureau of 
Consular Affairs;
    (ii) The Director of Office of Public Affairs for the Bureau of 
Consular Affairs;
    (iii) The Legislative Management Officer for Consular Affairs, 
Bureau of Legislative Affairs;
    (iv) The Director of the Office of Exchange Coordination and 
Designation in the Bureau of Educational and Cultural Affairs; and
    (v) The Director of the Office of Policy and Evaluation in the 
Bureau of Educational and Cultural Affairs.
    (2) A person who has had substantial prior involvement in a 
particular case referred to the Board may not be appointed to, or serve 
on, the Board for that particular case unless the Bureau of Consular 
Affairs determines that the individual's inclusion on the Board is 
otherwise necessary or practicably unavoidable.
    (3) The Principal Deputy Assistant Secretary of Consular Affairs, 
or his or her designee, shall serve as Board Chairman. No designee 
under this paragraph (g)(3) shall serve for more than 2 years.
    (4) Cases will be referred to the Board at the discretion of the 
Chief, Waiver Review Division, of the Visa Office. The Chief, Waiver 
Review Division, or his or her designee may, at the Chairman's 
discretion, appear and present facts related to the case but shall not 
participate in Board deliberations.
    (5) The Chairman of the Board shall be responsible for convening 
the Board and distributing all necessary information to its members. 
Upon being convened, the Board shall review the case file and weigh the 
request against the program, policy, and foreign relations aspects of 
the case.
    (6) The Bureau of Consular Affairs shall appoint, on a case-by-case 
basis, from among the attorneys in the State Department's Office of 
Legal Advisor

[[Page 10064]]

one attorney to serve as legal advisor to the Board.
    (7) At the conclusion of its review of the case, the Board shall 
make a written recommendation either to grant or to deny the waiver 
application. The written recommendation of a majority of the Board 
shall constitute the recommendation of the Board. Such recommendation 
shall be promptly transmitted by the Chairman to the Chief, Waiver 
Review Division.
    (8) At the conclusion of its review of the case, the Board shall 
make a written recommendation either to grant or to deny the waiver 
application. The written recommendation of a majority of the Board 
shall constitute the recommendation of the Board. Such recommendation 
shall be promptly transmitted by the Chairman to the Chief, Waiver 
Review Division.

    Dated: February 23, 2007.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
 [FR Doc. E7-3871 Filed 3-6-07; 8:45 am]
BILLING CODE 4710-06-P


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