Rule2021-21249
Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Validity of Visa
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 7, 2021
Effective
November 8, 2021
Issuing agencies
State Department
Abstract
This final rule replaces an outdated form name and number with a revised form name and number used for processing exchange visitor visas and updates the agency responsible for maintaining the form.
Full Text
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<title>Federal Register, Volume 86 Issue 192 (Thursday, October 7, 2021)</title>
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[Federal Register Volume 86, Number 192 (Thursday, October 7, 2021)]
[Rules and Regulations]
[Pages 55692-55693]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21249]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 11458]
RIN 1400-AE82
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act; Validity of Visa
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: This final rule replaces an outdated form name and number with
a revised form name and number used for processing exchange visitor
visas and updates the agency responsible for maintaining the form.
DATES: This final rule is effective November 8, 2021.
FOR FURTHER INFORMATION CONTACT: Andrea B. Lage, Acting Regulatory
Coordinator, U.S. Department of State, Bureau of Consular Affairs, Visa
Services, 600 19th Street NW, Washington, DC 20522, 202-485-7586,
<a href="/cdn-cgi/l/email-protection#e1b7889280b3848692a19295809584cf868e97"><span class="__cf_email__" data-cfemail="f5a39c8694a7909286b58681948190db929a83">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This rule makes a technical update to
replace an outdated reference to Form IAP-66, Certificate of
Eligibility for Exchange Visitor Status, with the updated name of Form
DS-2019, Certificate of Eligibility for Exchange Visitor Status (J-
NONIMMIGRANT) (hereinafter, Form DS-2019), which the Department of
State has maintained since 2001.
Effective October 1, 1999, in accordance with sections 301 and 312
of the Foreign Affairs Reform and Restructuring Act of 1998, as
amended,\1\ the United States Information Agency, which administered
the Exchange Visitor Program, was abolished and its functions were
transferred to the Department of State. Following the transfer, the
Department of State's Bureau of Educational and Cultural Affairs (ECA)
assumed responsibility for the Exchange Visitor Program. On October 11,
2001, the Office of Management and Budget approved ECA's request to
replace the Form IAP-66 with Form DS-2019. Then, on April 11, 2002, ECA
published an interim final rule that replaced the outdated Form IAP-66
with the new Form DS-2019 in several sections of 22 CFR part 62,\2\ but
no corresponding changes were made in 22 CFR part 41 at the time.
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\1\ 22 U.S.C. 6501.
\2\ 67 FR 17613 (April 11, 2002).
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Exchange Visitor Program sponsors issue Forms DS-2019 to
prospective exchange visitors. The Form DS-2019 identifies the exchange
visitor and his or her designated sponsor, and provides a brief
description of the exchange visitor's program, including the start and
end date, category of exchange, and an estimate of the cost of the
exchange program. The prospective exchange visitor must provide a
properly executed Form DS-2019 to a consular officer to be issued a J-1
nonimmigrant visa. See 22 CFR 41.62(a)(1). After being admitted to the
United States, a responsible officer extending the program of an
exchange visitor is required to provide the exchange visitor a duly
executed Form DS-2019 reflecting the extension and provide a
notification copy of such form to the Department of State. 22 CFR
62.43(b).
By amending 22 CFR 41.112, this rule will update the Department's
regulations governing the process through which the validity of an
expired nonimmigrant visa may be automatically extended to the date of
application for readmission under certain circumstances. Certain
exchange visitors may apply with DHS for readmission after an absence
of 30 days or less solely in a contiguous territory or adjacent islands
other than Cuba by presenting a current Form DS-2019 and a valid
passport.\3\ 22 CFR 41.112(d)(2)(ii). Additionally, in cases where DHS
has changed the original nonimmigrant classification to another
nonimmigrant classification, the validity of the expired or unexpired
nonimmigrant visa may be considered to be automatically extended to the
date of application for admission, and the visa may be converted as
necessary to that changed classification. 22 CFR 41.112(d)(1)(ii).
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\3\ To be eligible to seek admission based on automatic
extension of nonimmigrant visa validity, the applicant must have
maintained and intend to resume nonimmigrant status; be applying for
readmission within the authorized period of initial admission or
extension of stay; not require authorization for admission under
section 212(d)(3) of the Immigration and Nationality Act, 8 U.S.C.
1182(d)(3); not have applied for a new visa while abroad; and not be
a national of a country identified as supporting terrorism in the
Department's annual Patterns of Global Terrorism report.
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Regulatory Findings
Administrative Procedure Act
This rule constitutes a rule of policy and procedure, and as a
result, it is exempt from notice and comment under 5 U.S.C.
553(b)(3)(A).
Regulatory Flexibility Act/Executive Order 13272: Small Business
Because this final rule is exempt from notice and comment
rulemaking under 5 U.S.C. 553(b), it is exempt from the regulatory
flexibility analysis requirements set forth by the Regulatory
[[Page 55693]]
Flexibility Act (5 U.S.C. 601 et seq.). Nonetheless, the Department of
State certifies that this rule will not have a significant economic
impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995, 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 does
not require the Department of State to prepare a statement because it
will not result in any such expenditure, nor will it significantly or
uniquely affect small governments. This rule involves visas, which
involves foreign individuals, and does not directly or substantially
affect state, local, or tribal governments, or businesses.
Congressional Review Act
This rule is not a major rule as defined in 5 U.S.C. 804. 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 Orders 12866 and 13563
Executive Orders 13563 and 12866 direct agencies to assess costs
and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributed impacts, and equity). These Executive Orders
stress the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility. The
Department of State has examined this rule in light of Executive Order
13563, and has determined that the rulemaking is consistent with the
guidance therein. The Department of State has reviewed this rulemaking
to ensure its consistency with the regulatory philosophy and principles
set forth in Executive Order 12866. There are no anticipated direct
costs to the public associated with this rule.
Executive Orders 12372 and 13132: Federalism
This regulation will not have substantial direct effect 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 12372 and
13132.
Executive Order 12988: Civil Justice Reform
The Department of State has reviewed the rule in light of sections
3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity,
minimize litigation, establish clear legal standards, and reduce
burden.
Executive Order 13175--Consultation and Coordination With Indian Tribal
Governments
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not pre-empt
tribal law. Accordingly, the requirements of Section 5 of Executive
Order 13175 do not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35. The Form DS-2019, Certificate of Eligibility for Exchange Visitor
Status (J-NONIMMIGRANT), is approved under the PRA (OMB Control No.
1405-0119).
List of Subjects in 22 CFR Part 41
Aliens, Cultural Exchange Program, Nonimmigrant, Visas.
Accordingly, for the reasons set forth in the preamble, 22 CFR
Ppart 41 is amended to read as follows:
PART 41--VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY ACT, AS AMENDED
0
1. The authority citation for part 41 continues to read as follows:
Authority: 8 U.S.C. 1101; 1102; 1104; 1182; 1184; 1185 note
(section 7209 of Pub. L. 108-458, as amended by section 546 of Pub.
L. 109-295); 1323; 1361; 2651a.
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2. In Sec. 41.112, revise paragraph (d)(2)(i) to read as follows:
Sec. 41.112 Validity of visa.
* * * * *
(d) * * *
(2) * * *
(i) Is in possession of a Form I-94, Arrival-Departure Record,
endorsed by DHS to show an unexpired period of initial admission or
extension of stay, provided that in the case of a qualified F student
or the accompanying spouse or child of such student, is in possession
of a current Form I-20, Certificate of Eligibility for Nonimmigrant
Student Status, issued by the school that the student has been
authorized to attend by DHS and endorsed by the issuing school official
to indicate the period of initial admission or extension of stay
authorized by DHS, and provided that in the case of a qualified J
exchange visitor or the accompanying spouse or child of such exchange
visitor, is in possession of a current Form DS-2019, Certificate of
Eligibility for Exchange Visitor Status (J-NONIMMIGRANT), issued and
endorsed by the Department of State-designated sponsor of the exchange
program, to indicate the period of initial admission authorized by DHS
or the extension of stay authorized by the Department of State;
* * * * *
Kevin E. Bryant,
Deputy Director, Office of Directives Management, Department of State.
[FR Doc. 2021-21249 Filed 10-6-21; 8:45 am]
BILLING CODE 4710-06-P
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