[Federal Register Volume 63, Number 84 (Friday, May 1, 1998)]
[Rules and Regulations]
[Pages 24107-24108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11533]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 2793]


Documentation of Nonimmigrants Under the Immigration and 
Nationality Act, as Amended--Fees for Application and Issuance of 
Nonimmigrant Visas

AGENCY: Department of State.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule results from a recent amendment to the law. It 
permits the Secretary of State to waive the visa fees for a 
nonimmigrant alien who will be engaged in charitable activities in the 
United States, subject to criteria the Secretary sets up. This 
provision became effective on the date of enactment. This rule 
implements that amendment.

DATES: This interim rule is effective May 1, 1998. Written comments are 
invited and must be received on or before June 30, 1998.

ADDRESSES: Written comments may be submitted, in duplicate, to the 
Chief, Legislation and Regulations Division, Visa Services, Department 
of State, Washington, D.C. 20520-0106.

FOR FURTHER INFORMATION CONTACT: H. Edward Odom, Chief, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
D.C. 20520-0106, (202) 663-1204.

SUPPLEMENTARY INFORMATION: Section 2 of Pub. L. 105-54 of October 7, 
1997, amended section 281 of the Immigration and Nationality Act, as 
amended, (INA), by adding a sentence providing for the waiver or 
reduction of nonimmigrant visa fees under certain circumstances for 
aliens coming to the United States to engage in charitable activities.
    Current rules relating to nonimmigrant visa fees are contained in 
22 CFR 41.107 subsection (c) which describes certain aliens exempted 
from fees. This rule expands that subsection to include those 
individuals who are coming primarily for charitable purposes or for 
purposes related thereto. As Senator Abraham (a co-sponsor) stated in 
the Senate discussion of the amendment of INA 281, ``It is not in the 
U.S. interest to impose fees that inhibit or otherwise burden 
individuals who seek to help our communities.'' It is in this spirit 
underlying the legislation that this interim rule has been developed.
    The statute provides that the waiver or reduction of fees for 
application and issuance of a nonimmigrant visa is subject to criteria 
prescribed by the Secretary of State, including the duration of stay 
and the financial burden upon the charitable organization.In keeping 
with that injunction, it is deemed appropriate to require prospective 
beneficiary charitable organizations to request the relief to be 
provided because of the financial burden and to furnish sufficient 
information to establish that the alien(s) concerned will be engaged in 
activities which motivated the

[[Page 24108]]

enactment of this provision. The request should be furnished in 
writing, inter alia to provide documentation reconciling the number of 
visas issued with the lesser amount of fees collected.
    Thus, the current text of 22 CFR 41.107(c) will become ``(c)(1)'' 
and a new (c)(2) will set forth the data required to support the waiver 
of the fees. These include, in (c)(2)(i), disclosure of whether the 
organization, if U.S.-based, is tax exempt as a charitable organization 
under 26 U.S.C. 501(c) or, if foreign, is equivalently recognized as a 
charitable organization in the country in which based. Section 
41.107(c)(2)(ii) requires that the activities in which the alien(s) 
will engage will be charitable in nature, providing assistance to the 
poor and needy including, but not limited to, those activities 
identified in the legislation. Section 41.107(c)(2)(iii) requires such 
identifying information as the location in which the services will be 
provided and the number of and identifying data regarding each of the 
alien(s) concerned. Finally, Sec. 41.107(c)(2)(iv) seeks data on the 
proposed duration of the temporary stay of the alien(s) in the United 
States, which should be commensurate with both the classification in 
which the alien(s) will be applying and the purposes for which the 
alien(s) will be entering the United States.

Regulatory Analysis and Notices

Interim Rule

    The implementation of this rule as an interim rule, with a 60-day 
provision for post-promulgation public comments, is based on the ``good 
cause'' exceptions set forth at 5 U.S.C. 553(b)(3)(B) and 553(d)(3). 
The provision of law being implemented became effective on enactment on 
October 7, 1997. It provides a benefit to institutions that it is in 
the interest of the United States as determined by Congress to benefit. 
Delay of the benefit for public notice and comment is unnecessary and 
inconsistent with the intent of the law.

The 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 and will benefit those that are charitable 
organizations.

E.O. 12988 and E.O. 12866

    This rule has been reviewed as required under E.O. 12998 and 
determined to be in compliance therewith. This rule is exempt from 
review under E.O. 12866, but has been reviewed internally by the 
Department to ensure consistency therewith. The rule does not directly 
affect states or local governments or Federal relationships and does 
not create unfunded mandates.

5 U.S.C. Chapter 8

    As required by 5 U.S.C., chapter 8, the Department has screened 
this rule and determined that it is not a major rule, as defined in 5 
U.S.C. 80412.

Paperwork Reduction Act

    While charitable organizations requesting this benefit will have to 
apply with information matching their situation to legal requirements, 
that information will be used for agency decisions on individual visas 
and not used for public dissemination or statistical purposes.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passports, Visas.

    In view of the foregoing, 22 CFR part 41 is amended as follows:

PART 41--[AMENDED]

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

    Authority: 8 U.S.C. 1104.

    2. Section 41.107 is amended by redesignating paragraph (c) as 
paragraph (c)(1) and adding a new paragraph (c)(2) to read as follows:


Sec. 41.107  Visa fees.

* * * * *
    (c) * * *
    (2) The consular officer shall waive the nonimmigrant visa 
application and issuance fees for an alien who will be engaging in 
charitable activities for a charitable organization upon the written 
request of the charitable organization claiming that it will find the 
fees a financial burden, if the consular officer is satisfied that:
    (i) The organization seeking relief from the fees is, if based in 
the United States, tax-exempt as a charitable organization under the 
provisions of section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 
501(c)(3)); if a foreign organization based outside the United States, 
it establishes that it is recognized as a charitable institution by the 
government of the country in which it is based under criteria 
substantially similar to those of section 501(c)(3), and
    (ii) The charitable activities in which the alien will engage are 
specified and will be a part of, or will be related to and in support 
of, the organization's provision of services, including but not limited 
to health care, food and housing, job training, and similar direct 
services and assistance to the poor and needy, and
    (iii) The request includes the location of the proposed activities, 
the number and identifying data of each of the alien(s) who will be 
applying for visas, and
    (iv) The proposed duration of the alien(s)'s temporary stay in the 
United States is reasonably consistent with the charitable purpose for 
which the alien(s) seek to enter the United States.
 * * * * *
    Dated: April 15, 1998.
Donna J. Hamilton,
Acting Assistant Secretary for Consular Affairs.
[FR Doc. 98-11533 Filed 4-30-98; 8:45 am]
BILLING CODE 4710-06-P