[Federal Register Volume 61, Number 16 (Wednesday, January 24, 1996)]
[Rules and Regulations]
[Pages 1832-1834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1011]



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DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 40 and 41

[Public Notice 2312]


Visas: Regulations Pertaining to Nonimmigrants and Immigrants 
Under the Immigration and Nationality Act, as Amended

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: On March 4, 1995, the President, as part of the 
Administration's regulatory reinvention initiative, directed all heads 
of departments and agencies, inter alia, to conduct a page-by-page 
review of all regulations and to ``eliminate or revise those that are 
outdated or otherwise in need of reform.'' (Memorandum for Heads of 
Departments and Agencies, Regulatory Reinvention Initiative, March 4, 
1995.) In response, the Visa Office of the Department of State has 
undertaken a review of its visa regulations to determine whether they 
may be eliminated, shortened, or rewritten in a more understandable 
fashion.

EFFECTIVE DATES: January 24, 1996.

FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation 
and Regulations Division, Visa Office, (202) 663-1204.

SUPPLEMENTARY INFORMATION: The President has directed each agency to 
undertake a review of its regulations for the purpose of reducing the 
regulations or, when possible, rendering them more readable and 
comprehensible. The Visa Office of the Department of State has engaged 
in a thorough line-by-line review of all visa related regulations in 
parts 40 through 45 and part 47 of Title 22 of the Code of Federal 
Regulations. As a result, the Visa Office is proposing various 
amendments to the regulations consistent with the President's 
directive. The Visa Office is also using this opportunity to make other 
necessary changes to the regulations. The Visa Office will be 
publishing the proposed changes in a series of publications.

Editing

    This rule makes editorial changes to two sections in 22 CFR Part 40 
and to five sections in Part 41.

Part 40 Amendments

    The amendment to Sec. 40.62 changes the section by incorporating 
the statutory period of time one must 

[[Page 1833]]
remain outside the U.S. following deportation by specific reference to 
the statute rather than by repeating the statutory language which the 
regulation currently does.
    The amendment to Sec. 40.93 will ensure that it accurately reflects 
INA 212(a)(9)(C) as amended by sec. 307 of the Miscellaneous and 
Technical Immigration and Naturalization Amendments of 1991 (Pub. L. 
102-232) Dec. 12, 1991.

Part 41 Amendments

    This rule amends Secs. 41.53, 41.54, 41.55, 41.56 and 41.57, 
relating to H, L, O, P, and Q visas. As these business visa 
classifications require the approval of a petition by the Immigration 
and Naturalization Service, the Department's regulatory structure at 22 
CFR part 41 is similar for each of these classifications. The 
amendments shorten each regulation by making reference to official 
evidence of approval of status by the INS rather than identifying 
specific types of evidence, such as petitions, approval notices, etc., 
which reflect approval status.

Final Rule

    Because the changes to 22 CFR made by this rule are editorial and 
non substantive, it has, been determined that notice and public comment 
are unnecessary. This rule, therefore, meets the good cause exception 
under 5 U.S.C. 553(b)(B) and is being published as a final rule.
    This rule is not considered to have a significant impact on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. This rule imposes no reporting or record 
keeping requirements on the public requiring the approval of the Office 
of Management and Budget under the Paperwork Reduction Act. This rule 
has been reviewed as required by E.O. 12778 and certified to be in 
compliance therewith. It is exempt from E.O. 12866 but has been 
reviewed and found to be consistent therewith.

List of Subjects in 22 CFR Parts 40 and 41

    Aliens, Nonimmigrants, Immigrants, Ineligibilities, Visas and 
passports.

Proposed Regulations

    In view of the foregoing, title 22 of the Code of Federal 
Regulations subchapter E--parts 40, and 41 are amended to read as 
follows.

PART 40--[AMENDED]

    1. The authority citation for part 40 continues to read:

    Authority: 8 U.S.C. 1104.

    2. Part 40 is amended by revising Sec. 40.62 to read as follows:


Sec. 40.62  Certain aliens arrested and deported.

    An alien who was arrested and deported from the United States under 
INA 212(a)(6)(B) shall not be issued a visa unless the alien has 
complied with the time limitations therein or has obtained permission 
from the Immigration and Naturalization Service to reapply for 
admission to the United States.
    3. Section 40.93 is revised to read as follows:


Sec. 40.93  International child abduction.

    An alien who would otherwise be ineligible under INA 
212(a)(9)(C)(i) shall not be ineligible under such paragraph if the 
U.S. citizen child in question is physically located in a foreign state 
which is party to the Hague Convention on the Civil Aspects of 
International Child Abduction.

PART 41--[AMENDED]

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

    Authority: 8 U.S.C. 1104.

    5. Part 41 is revised by amending paragraph (a) of Sec. 41.53 to 
read as follows:


Sec. 41.53  Temporary Workers and Trainees.

    (a) Requirements for H classification. An alien shall be 
classifiable under INA 101(a)(15)(H) if:
    (1) The consular officer is satisfied that the alien qualifies 
under that section; and either
    (2) With respect to the principal alien, the consular officer has 
received official evidence of the approval by INS of a petition to 
accord such classification or of the extension by INS of the period of 
authorized entry in such classification; or
    (3) The consular officer is satisfied the alien is the spouse or 
child of an alien so classified and is accompanying or following to 
join the principal alien.
* * * * *
    6. Section 41.54 is amended by revising paragraph (a) to read as 
follows:


Sec. 41.54  Intracompany transferees (executives, managers, and 
specialists).

    (a) Requirements for L classification. An alien shall be 
classifiable under the provisions of INA 101(a)(15)(L) if:
    (1) The consular officer is satisfied that the alien qualifies 
under that section; and either
    (2) In the case of an individual petition, the consular officer has 
received official evidence of the approval by INS of a petition to 
accord such classification or of the extension by INS of the period of 
authorized stay in such classification; or
    (3) In the case of a blanket petition, the alien has presented to 
the consular officer official evidence of the approval by INS of a 
blanket petition
    (i) listing only those intracompany relationships and positions 
found to qualify under INA 101(a)(15)(L) or
    (ii) to accord such classification to qualified aliens who are 
being transferred to qualifying positions identified in such blanket 
petition; or
    (4) The consular officer is satisfied the alien is the spouse or 
child of an alien so classified and is accompanying or following to 
join the principal alien.
* * * * *
    7. Section 41.55 is amended by revising paragraph (a) introductory 
text, (a)(1) and (2) to read as follows:


Sec. 41.55  Aliens with extraordinary ability.

    (a) Requirements for O classification. An alien shall be 
classifiable under the provisions of INA 101(a)(15)(O) if:
    (1) The consular officer is satisfied that the alien qualifies 
under the provisions of that section; and either
    (2) With respect to the principal alien, the consular officer has 
received official evidence of the approval by INS of a petition to 
accord such classification or of the extension by INS of the period of 
authorized stay in such classification; or
* * * * *
    8. Section 41.56 is amended by revising paragraph (a) introductory 
text, (a) (1) and (2) to read as follows:


Sec. 41.56  Athletes, artists, and entertainers.

    (a) Requirements for P classification. An alien shall be 
classifiable under the provisions of INA 101(a)(15)(P) if:
    (1) The consular officer is satisfied that the alien qualifies 
under the provisions of that section; and either
    (2) With respect to the principal alien, the consular officer has 
received official evidence of the approval by INS of a petition to 
accord such classification or of the extension by INS of the period of 
authorized stay in such classification; or
* * * * *
    9. Section 41.57 is amended by revising paragraph (a)(2) and 
paragraph (c) to read as follows, and by deleting paragraph (a)(3).


Sec. 41.57  International cultural exchange visitors.

    (a) * * *
    (2) The consular officer has received official evidence of the 
approval by INS of a petition or the extension by INS of 

[[Page 1834]]
the period of authorized stay in such classification.
* * * * *
    (b) * * *
    (c) Validity of Visa. The period of validity of a visa issued on 
the basis of paragraph (a) of this section must not exceed the period 
indicated in the petition, notification, or confirmation required in 
paragraph (a)(2) of this section.

    Dated: December 14, 1995.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 96-1011 Filed 1-23-96; 8:45 am]
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