[Federal Register Volume 63, Number 19 (Thursday, January 29, 1998)]
[Rules and Regulations]
[Pages 4393-4394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-1780]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 42

[Public Notice 2664]


Visas: Issuance of New or Replacement Immigrant Visas

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: This rule amends the Department's regulations to comply with a 
change in the Immigration and Nationality Act (INA) that requires the 
Department to factor the number of immigrant visas issued to immediate 
relatives into the annual worldwide limitation on immigration.

EFFECTIVE DATE: January 29, 1998.

FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and 
Regulations Division, Visa Services, Department of State, Room L6-21, 
SA-1, Washington, DC 20520-0106. Phone: (202) 663-1203.

SUPPLEMENTARY INFORMATION: On November 29, 1990, the President signed 
the Immigration Act of 1990 (IMMACT 90) which, among other things, 
amended by including the number of aliens granted immediate relative 
status into the calculation for determining the annual family 
preference limitation. Before IMMACT 90 (Pub. L. 101-649) the number of 
immediate relative visas issued to the spouses, minor children and 
parents of U.S. citizens was not a factor in determining the overall 
annual numerical limitation for worldwide immigration.
    IMMACT 90 amended the INA by requiring the Department to deduct the 
number of immediate relatives granted permanent resident status in the 
United States during the previous fiscal year from the worldwide 
480,000 annual limit for the current fiscal year, but limited the 
annual family preference limit to no less than 226,000. To avoid 
double-counting the number of visas issued to immediate relatives who, 
for reasons beyond their control, are unable to use their original 
immigrant visas, consular offices will now issue replacement visas 
rather than new visas. The Department is amending its regulations at 22 
CFR 42.74 accordingly.

Final Rule

    The Department has determined that there is good cause for this 
rule to be exempt from notice comment requirements under 5 U.S.C. 
553(b)(3)(A) because Public Law 101-649 requires that the number of 
aliens granted immediate relative status be included in the calculation 
of the annual family preference limitation and the use of replacement 
visas rather than new visas is simply an administrative mechanism to 
avoid double counting. Notice and public comment thereon are therefore 
unnecessary.

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980, as amended in 1996 (5 
U.S.C. Chapter 6), requires the Federal Government to anticipate and 
minimize the impact of rules and paperwork requirements on small 
entities. Such entities are defined as small businesses (those with 
fewer than 500 employees), small non-profit organizations (those with 
fewer that 500 employees), and small governmental entities (those in 
areas with fewer than 50,000 residents). The Department has assessed 
the potential impact of the Rule and the Assistant Secretary for 
Consular Affairs by approving it certifies that it will not have a 
significant economic effect on a substantial number of small entities. 
It imposes no requirements on such entities.
    In addition, pursuant to the Small Business Regulatory Fairness Act 
(5 U.S.C. Chapter 8), the Department has screened the Rule and 
determined that it is not a ``major rule'', as defined in 5 U.S.C. 
804(2). It will not result in an annual effect on the economy of 
$100,000 or more; a major increase in cost or prices; or significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or on the ability of U.S.-based companies in domestic and 
export markets.

Paperwork Reduction Act

    No new information requirements are contained in this final rule.

Executive Orders 12866 and 12988

    This rule is exempt from Executive Order 12866 but has been 
reviewed internally by the Department to ensure consistency with the 
objectives thereof. This rule also has been reviewed as required by 
Executive Order 12988 and determined to be in compliance therewith.

Executive Order 12612

    This rule will not have substantial direct effect on the States, on 
the relationship between the national government and the States, or on 
distribution of power and responsibilities among the various levels of 
government. Therefore, in accordance with Executive Order 12612, it is 
determined that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment.

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 
$100,000,000 or more in any one 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 (2 U.S.C. 1501 et seq.) and Executive Order 12875.

List of Subjects in 22 CFR Part 42

    Aliens, Immigrants, Visas and passports.

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

PART 42--[AMENDED]

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

    Authority: 8 U.S.C. 1104.

    2. 22 CFR 42.74 is amended by revising paragraph (a) and (b) to 
read as follows:


Sec. 42.74  Issuance of new or replacement visas.

    (a) New immigrant visa for a special immigrant under INA 
101(a)(27)(A) and (B).
    (1) The consular officer may issue a new immigrant visa to a 
qualified alien entitled to status under INA 101(a)(27)(A) or (B), who 
establishes:
    (i) That the original visa has been lost, mutilated or has expired, 
or
    (ii) The alien will be unable to use it during the period of its 
validity;

[[Page 4394]]

    (2) Provided:
    (i) The alien pays anew the statutory application and issuance 
fees; and
    (ii) The consular officer ascertains whether the original issuing 
office knows of any reason why a new visa should not be issued.
    (b) Replacement immigrant visa for an immediate relative or for an 
alien subject to numerical limitation.
    (1) A consular officer may issue a replacement visa under the 
original number of a qualified alien entitled to status under INA 
201(b)(2)(A)(i), INA 203(a), (b), or (c), or under INA 124, if--
    (i) The alien is unable to use the visa during the period of its 
validity due to reasons beyond the alien's control;
    (ii) The visa is issued during the same fiscal year in which the 
original visa was issued;
    (iii) The number has not be returned to the Department as a 
``recaptured visa number'';
    (iv) The alien pays anew the statutory application and issuance 
fees; and
    (v) The consular officer ascertain whether the original issuing 
office of knows of any reason why a new visa should not be issued.
    (2) In issuing a visa under this paragraph (b), the consular 
officer shall insert the word ``REPLACE'' on Form OF-155A, Immigrant 
Visa and Alien Registration, before the word ``IMMIGRANT'' in the title 
of the visa.
* * * * *
    Dated: December 17, 1997.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 98-1780 Filed 1-28-98; 8:45 am]
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