[Federal Register Volume 66, Number 117 (Monday, June 18, 2001)]
[Rules and Regulations]
[Pages 32740-32743]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15050]


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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 41 and 42

[Public Notice 3654]


Visas: Documentation of Immigrants and Nonimmigrants--Visa 
Classification Symbols

AGENCY: Bureau of Consular Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: The Department is amending its regulations to add new 
immigrant and nonimmigrant symbols to the classification tables. The 
amendments are necessary to implement recently enacted legislation. The 
legislation created a new immigrant category for certain international 
broadcasters (BC1, BC2, and BC3) and new nonimmigrant categories for 
victims of trafficking for illicit sexual purposes and slavery (T1 and 
T2), aliens who have suffered abuse such as battering and other forms 
of violence (U1 and U2), spouses and children of lawful permanent 
residents for whom petitions were filed before December 21, 2000 and 
who have been waiting for an immigrant visa for three years or more 
(V1, V2, and V3), and spouses of U.S. citizens (K3) and children of the 
K3 (K4) who are awaiting the issuance of an immigrant visa (K3, K4). 
This rule removes the immigrant classification for diversity transition 
natives (AA1, AA2 and AA3). This program ended September 30, 1995. The 
Department is also taking this opportunity to amend the classification 
symbols for retired NATO-6 employees, their spouses and their unmarried 
sons and daughters. In the Department's publication on April 19, 2000 
[65 FR 20903], the Department erroneously classified these aliens as SK 
special immigrants. These aliens should be classified as SN1, SN2, SN3 
and SN4.

DATES: This rule takes effect on June 18, 2001.

FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and 
Regulations Division, Visa Services, Department of State, Washington, 
DC 20520-0106, (202) 663-1204.

SUPPLEMENTARY INFORMATION:

What Legislation Created These New Visa Categories?

Pub. L. 106-386, The Victims of Trafficking and Violence Protection Act 
of 2000 (VTVPA)

    The VTVPA is actually two separate laws, the ``Trafficking Victims 
Protection Act of 2000'' (TVPA) and the ``Violence Against Women Act of 
2000'' (VAWA2).

How Does an Alien Qualify for T Visa Status Under the TVPA?

    Section 107 of Division A of the TVPA created a new nonimmigrant 
category under INA 101(a)(15)(T) for aliens who the Attorney General 
has determined are victims of a ``severe form of trafficking in 
persons.'' Section 103 of the TVPA defines a ``severe form of 
trafficking in persons'' as either:

    (1) sex trafficking in which a commercial sex act is induced by 
force, fraud or coercion or in which the person induced to perform 
such act has not attained 18 years of age, or
    (2) the recruitment, harboring, transportation, provision, or 
obtaining of a person for labor or services, through the use of 
force, fraud, or coercion for the purpose of subjection to 
involuntary servitude, peonage, debt bondage, or slavery.

    To qualify for the ``T'' category, the person must
    (1) Be physically present in the United States, American Samoa, the 
Commonwealth of the Northern Mariana Islands, or a U.S. port of entry 
because of such trafficking;
    (2) Have complied with any reasonable request for assistance to law 
enforcement in the investigation or prosecution of acts of trafficking, 
or be under the age of 15; and
    (3) Be likely to suffer extreme hardship involving unusual and 
severe harm upon removal.
    The Attorney General may, in order to avoid extreme hardship, 
permit the spouse, children and parents of an alien under age 21 and 
the spouse and children of an alien over age 21 to accompany or follow 
to join the principal alien.

How Does an Alien Qualify for U Visa Status Under the VAWA2?

    Section 1513 of Division B of the VAWA2 created a new category 
under INA 101(a)(15)(U) for victims of physical or mental abuse. To 
qualify under the U category the alien must file a petition with the 
Attorney General and establish therein:
    (1) The alien has suffered substantial physical or mental abuse as 
a result of having been a victim of any one of an extensive list of 26 
criminal activities,

[[Page 32741]]

including rape, torture, domestic abuse, enslavement prostitution, 
etc.;
    (2) As certified by a law enforcement or immigration official, the 
alien (or if the alien is a child under age 16 the child's parent, 
guardian or friend) possesses information about the criminal activity 
involved;
    (3) The alien has been, is being or is likely to be helpful in the 
investigation and prosecution of the criminal activity by Federal, 
state or local law enforcement authorities; and,
    (4) The criminal activity violated the laws of the United States or 
occurred in the United States.
    If the Attorney General determines that extreme hardship exists and 
a law enforcement official certifies that an investigation or 
prosecution would be harmed without that person's assistance, the 
spouse, child or parents of the principal alien under age 16 may 
accompany or follow to join the principal alien.
    The U category is limited to 10,000 principal aliens per fiscal 
year.

Pub. L. 106-553, Legal Immigration Family Equity Act (LIFE ACT)

    The LIFE ACT creates new nonimmigrant categories under INA 
101(a)(15)(V) and adds a new category under INA 101(a)(15)(K).
    An alien may be classified as a V nonimmigrant if the alien is:
    (1) The spouse or child of a lawful permanent resident;
    (2) Is the beneficiary of an approved petition filed under INA 204 
prior to December 21, 2000; and
    (3) Has been waiting for three or more years after filing the 
petition for the issuance of an immigrant visa.
    An alien may be granted K status if the alien:
    (1) Is the spouse of a U.S. citizen petitioner or the child of such 
spouse; and
    (2) Is waiting for the approval of a petition or the availability 
of an immigrant visa.

Pub. L. 106-536, Special Immigrant Status for Certain U.S. 
Broadcasters

    Pub. L. 106-536 created a new immigrant category (BC) under INA 
101(a)(27)(M) for certain United States international broadcasting 
employees. To qualify as a special immigrant broadcaster, the alien 
must be:
    (1) Seeking to enter the United States to work as a broadcaster in 
the United States for the International Broadcasting Bureau of the 
Broadcasting Board of Governors, or
    (2) Seeking to enter the United States to work for a grantee of the 
Broadcasting Board of Governors, or
    (3) The accompanying spouse and child of the principal alien. The 
law limits the number of aliens granted visas in this category to 100 
in any fiscal year.

Why Is the Department Removing the Diversity Transition Natives?

    Section 132 of Pub. L. 104-296 established a class of immigrants 
(AA) to be issued immigrant visas in fiscal years 1992, 1993 and 1994. 
Section 217 of Pub. L. 104-316 extended this program through September 
30, 1995. The Department is removing the diversity transition natives 
(AA-1, AA-2, and AA-3) since this category of immigrants no longer 
exists.

How Is the Department Amending Its Regulations?

Effect on Nonimmigrant Visa Table Affected?

    The rule amends the nonimmigrant visa classification table at 22 
CFR 41.12 by adding new classifications: T1 and T2; U1 and U2, V1, V2 
and V3, and K3 and K4.

Effect on Immigrant Visa Table Affected?

    The rule amends the immigrant visa classification table at 22 CFR 
42.11 by adding three new classifications: BC1, BC2 and BC3. The rule 
removes the classification symbols AA1, AA2 and AA3. The rule also 
corrects the classification symbols for certain retired civilian 
employees of NATO and the spouses and unmarried sons and daughters and 
certain retired and deceased NATO employees. These aliens were 
erroneously classified as SK special immigrants and should have been 
classified as SN1, SN2, SN3 and SN4.

Final Rule

Administrative Procedure Act

    The Department's implementation of this regulation as a final rule 
is based upon the
    ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3). 
The Department decided that since the new nonimmigrant and special 
immigrant categories became effective upon enactment of the respective 
laws and since there is a substantial immediate benefit to many aliens, 
citizens and lawful permanent residents, there is not enough time nor 
sufficient reason to delay its implementation by issuing a proposed 
rule with request for comments.

Regulatory Flexibility Act

    The Department of State, in accordance with the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by 
approving it, certifies that this rule will not have a significant 
economic impact on a substantial number of small entities.

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 
million or more in any 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. 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 significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    Although it is being promulgated in conjunction with the 
Immigration and Naturalization Service, a domestic agency, the 
Department of State does not consider this rule, to be a ``significant 
regulatory action'' under Executive Order 12866, section 3(f), 
Regulatory Planning and Review. Therefore, in accordance with the 
letter to the Department of State of February 4, 1994 from the Director 
of the Office of Management and Budget, it does not require review by 
the Office of Management and Budget.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
states, on the relationship between the national government and the 
states, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

[[Page 32742]]

Paperwork Reduction Act

    This rule does not impose any new reporting or record-keeping 
requirements.
    The information collection requirement (Form OF-156) contained by 
reference in this rule was previously approved for use by the Office of 
Management and Budget (OMB) under the Paperwork Reduction Act.

List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Passports and visas.

PART 41--[AMENDED]

    1. The authority citation for Part 41 is revised to read:

    Authority: 8 U.S.C. 1104; 22 U.S.C. 2651a.


    2. Amend the table in Sec. 41.12 by adding new categories K3 and 
K4, T1, and T2, U-1, and U2, V1, V2 and V3, in alpha-numeric order.

    3. The addition reads as follows:


Sec. 41.12  Classification symbols.

* * * * *

                              Nonimmigrants
------------------------------------------------------------------------
             Symbol and class                      Section of law
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
K3  Spouse of U.S. citizen................  101(a)(15)(K)(ii)
K4  Child of a K3.........................  101(a)(15)(K)(iii)
 
*                  *                  *                  *
                  *                  *                  *
T1  Victim of a severe form of trafficking  101(a)(15)(T)(i)
 in persons.
T2  Spouse, child or parent of a T1.......  101(a)(15)(T)(ii)
 
*                  *                  *                  *
                  *                  *                  *
U1  Victim of criminal activity...........  101(a)(15)(i)(I)
U2  Spouse, child or parent of a U1.......  101(a)(15)(ii)
V1  Spouse of a Legal Permanent Resident    101(a)(15)(V)(i)
 Alien.
V2  Child of a Legal Permanent Resident     101(a)(15)(V)(i)
 Alien.
V3  Child of a V1 or V2...................  203(d)
------------------------------------------------------------------------

PART 42--[AMENDED]

    4. The authority citation for Part 42 is revised to read as 
follows:

    Authority: 8 U.S.C. 1104; 2651a.


    5. Amend Sec. 42.11 by adding in alpha-numeric order new categories 
BC1, BC2 and BC3 under the section entitled ``Employment 4th 
Preference''; by adding in alpha-numeric order new categories SN1, SN2, 
SN3 and SN4, under the section entitled ``Employment 4th Preference''; 
and by removing the section heading ``Diversity Transition for Natives 
of Certain Adversely Affected Foreign States'' and the 3-column entries 
for AA1, AA2 and AA3.
    The additions read as follows:


Sec. 42.11  Classification symbols.

* * * * *

                               Immigrants
------------------------------------------------------------------------
             Symbol and class                      Section of law
------------------------------------------------------------------------
 
*                  *                  *                  *
                  *                  *                  *
         Employment 4th Preference (Certain Special Immigrants)
------------------------------------------------------------------------
BC1  Broadcaster in the U.S. employed by    101(a)(27)(M)
 the International Broadcasting Bureau of
 the Broadcasting Board of Governors or a
 grantee of such organization.
BC2  Accompanying spouse of a BC1.........  101(a)(27)(M)
BC3  Accompanying child of a BC1..........  101(a)(27)(M)
 
*                  *                  *                  *
                  *                  *                  *
SN1  Certain retired NATO6 civilians......  101(a)(27)(L)
SN2  Spouse of an immigrant classified SN1  101(a)(27)(L)
SN3  Certain unmarried sons or daughters    101(a)(27)(L)
 of NATO6 civilian employees.
SN4  Certain surviving spouses of deceased  101(a)(27)(L)
 NATO-6 civilian employees.
 
*                  *                  *                  *
                  *                  *                  *
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[[Page 32743]]

    Dated: April 10, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 01-15050 Filed 6-15-01; 8:45 am]
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