Visas: Visa Information Update Requirements Under the Electronic Visa Update System (EVUS), 72522-72523 [2016-25308]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72522-72523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25308]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 9530]
RIN 1400-AD93


Visas: Visa Information Update Requirements Under the Electronic 
Visa Update System (EVUS)

AGENCY: Department of State.

ACTION: Final rule with request for comments.

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SUMMARY: The Department of State is coordinating with the Department of 
Homeland Security on instituting a requirement for nonimmigrant aliens 
who hold a passport issued by an identified country containing a U.S. 
nonimmigrant visa of a designated category to provide required 
information to DHS after the receipt of his or her visa of a designated 
category.

DATES: This Final rule is effective on November 29, 2016. The 
Department of State will accept comments until December 19, 2016.

ADDRESSES: You may submit comments, identified by RIN 1400-AD93, by one 
of the following methods:
     Electronic comments: Submit through the Federal 
eRulemaking Portal https://www.regulations.gov and search for docket 
number DOS-2016-0066.
     Mail: Address all written submissions to Chief, CA/VO/L/R, 
U.S. Department of State, 600 19th St. NW., 12th Floor, Washington, DC 
20006.

FOR FURTHER INFORMATION CONTACT: Kevin J. Earnest, Legislation and 
Regulations Division, Legal Affairs, Office of Visa Services, Bureau of 
Consular Affairs, Department of State, 600 19th St. NW., Washington, DC 
20006, (202) 485-7588.

SUPPLEMENTARY INFORMATION: The Department of State (State) regulation 
on the revocation of nonimmigrant visas is at 22 CFR 41.122. State is 
amending 22 CFR 41.122 in support of a joint program with the 
Department of Homeland Security (DHS) that requires nonimmigrant aliens 
who hold a passport issued by an identified country containing a U.S. 
nonimmigrant visa of a designated category to periodically provide 
required information to DHS after the receipt of his or her visa of a 
designated category.
    The revised 22 CFR 41.122(b)(3) and the contemporaneous DHS rule 
amending 8 CFR part 215, subpart B (RIN 1651-AB08), are creating the 
Electronic Visa Update System (EVUS). As provided in 8 CFR part 215, 
subpart B, EVUS is an online information update system. Under EVUS, 
nonimmigrant aliens who hold a passport issued by an identified country 
containing a U.S. nonimmigrant visa of a designated category are 
required to enroll in EVUS by providing information to DHS after the 
receipt of their visa of a designated category, and periodically 
thereafter. Successful enrollment in EVUS is evidenced by the receipt 
of a notification of compliance. Identified countries and designated 
visa categories are those countries and visa categories that the 
Secretary of Homeland Security, in consultation with the Secretary of 
State, has determined will be subject to EVUS enrollment requirements. 
Identified countries and designated visa categories will be announced 
in a notice published in the Federal Register. Failure to comply with 
EVUS after November 29, 2016, will result in an automatic provisional 
revocation of the visa and will preclude travel to the United States on 
that visa. The visa will be automatically reinstated upon compliance 
with the EVUS requirements outlined in 8 CFR 215.24, as established by 
receipt of a notification of compliance. While, as discussed in the DHS 
rulemaking, individuals may enroll in EVUS prior to November 29, such 
enrollment is not required for travel to the United State prior to that 
date.
    This rulemaking provides State the mechanism for visas to be 
automatically provisionally revoked, and the revocation to 
automatically be reversed and visas reinstated upon subsequent 
compliance with EVUS (22 CFR 41.122(b)(3)). The rule also makes other 
modifications to the visa revocation regulations consistent with the 
EVUS enrollment requirements.
    As discussed in the contemporaneous DHS EVUS rule, DHS is 
exercising its authority under INA 214(a)(1) and 215(a)(1) (8 U.S.C. 
1184(a)(1) and 1185(a)(1)) to require that nonimmigrant aliens who hold 
a passport issued by an identified country containing a U.S. 
nonimmigrant visa of a designated category comply with the requirements 
in 8 CFR part 215, subpart B, and successfully enroll in EVUS by 
providing certain information to DHS after the receipt of their visas 
of a designated category as a condition of admission to the United 
States. Recognizing that holders of such visas who have not complied 
with the requirements in 8 CFR part 215, subpart B, will not be 
admitted to the United States under 8 CFR. 214.1(a)(3)(i), State is 
amending 22 CFR 41.122 to provide for automatic provisional revocation 
of the visas. Once the visa holder makes the required submission of 
biographic and other information and successfully enrolls in EVUS, the 
revocation of the visa will automatically be reversed, and the visa 
will be valid for travel to the United States.
    To implement EVUS, State is amending 22 CFR 41.122 and DHS is 
contemporaneously amending 8 CFR part 212, 214, 215, and 273.

Description of Regulation Changes

    In 22 CFR 41.122, paragraph (b) is now subdivided. New paragraph 
(b)(1) describes the force and effect of a provisional revocation 
generally. The paragraph also describes how a provisional revocation 
can be reversed and how the revocation authority contained in INA 
221(i) (8 U.S.C. 1201(i)) is not limited by this paragraph. Paragraph 
(b)(2) contains the current language of paragraph (b) with the addition 
of a new header. New paragraph (b)(3) describes the new process of 
automatic provisional revocation of U.S. visas of designated categories 
held by nonimmigrant aliens in a passport issued by an identified 
country who fail to comply with EVUS after the receipt of his or her 
visa as required by 8 CFR 215.24.
    Paragraph (c) is modified to make a notification exception to visa 
holders where visas have been automatically provisionally revoked under 
new paragraph (b)(3) of this section.
    Paragraph (d) is modified to make an exception to the requirement 
of physically cancelling visas for visas that are automatically 
provisionally revoked by paragraph (b)(3).
    Paragraph (e) remains unchanged.

Regulatory Findings

Administrative Procedure Act

    This regulation involves a foreign affairs function of the United 
States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not 
subject to the notice-and-comment rule making procedures set forth in 5 
U.S.C. 553.
    This final rule is also exempt from notice and comment requirements 
under the ``good cause'' exception set forth at 5 U.S.C. 553(b)(3)(B). 
This rule is critical because it improves the security of granting 
longer-length visas while also facilitating legitimate travel. 
Implementation of this rule as soon as possible is necessary to protect 
the national security of the United States and to prevent the harm that 
could be

[[Page 72523]]

caused by the exploitation of longer-length visas.

Small Business Regulatory Enforcement Fairness Act of 1996

    Under Section 251 of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (5 U.S.C. 804), a rule that is likely to result in 
an annual effect on the U.S. economy of $100,000,000 or more, along 
with other criteria, is considered a major rule. State concludes that 
this rule does not meets the criteria for a major rule.

Regulatory Flexibility Act/Executive Order 13272: Small Business

    Since this rule is exempt from the notice-and-comment rulemaking 
provisions of 5 U.S.C. 553, the Regulatory Flexibility Act does not 
apply to this rulemaking. See 5 U.S.C. 601(2).

The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 
104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to 
prepare a statement before promulgating any general notice of proposed 
rulemaking, or any final rule for which a general notice of proposed 
rulemaking was published, that may result in an annual expenditure of 
$100 million or more by State, local, or tribal governments, or by the 
private sector. No such burden is being imposed by this rulemaking.

Executive Orders 12866 and 13563

    State has reviewed this rule to ensure its consistency with the 
regulatory philosophy and principles set forth in Executive Order 12866 
and certifies that the benefits of this rulemaking outweigh the costs. 
State does not consider this rule to be an economically significant 
regulatory action under Executive Order 12866. In addition, State has 
considered this rule in light of Executive Order 13563 and affirms that 
this regulation is consistent with the guidance therein.

Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects 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 No. 12372 
and No. 13132.

Executive Order 13175--Consultation and Coordination With Indian Tribal 
Governments

    The Department 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 information collection requirements under 
the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Passports and visas, 
Students.

    Accordingly, for the reasons set forth in the preamble, 22 CFR part 
41 is amended 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. 1104; Pub. L. 105-277, 112 Stat. 2681-795 
through 2681-801; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458, as amended by section 546 of Pub. L. 109-295).

0
2. In Sec.  41.122:
0
a. Revise paragraph (b);
0
b. Add a sentence at the end of paragraph (c); and
0
c. Revise paragraph (d).
    The revisions and addition read as follows:


Sec.  41.122  Revocation of visas.

* * * * *
    (b) Provisional revocation--(1) General. A provisional revocation 
is subject to reversal through internal procedures established by the 
Department of State. Upon reversal of the revocation, the visa 
immediately resumes the validity provided for on its face. Provisional 
revocation shall have the same force and effect as any other visa 
revocation under INA 221(i), unless and until the revocation has been 
reversed. Neither the provisional revocation of a visa nor the reversal 
of a provisional revocation limits, in any way, the revocation 
authority provided for under INA 221(i), with respect to the particular 
visa or any other visa.
    (2) Pending visa eligibility determination. A consular officer, the 
Secretary, or any Department official to whom the Secretary has 
delegated this authority may provisionally revoke a nonimmigrant visa 
while considering information related to whether a visa holder is 
eligible for the visa.
    (3) Automatic provisional revocation based on failure to comply 
with all EVUS requirements. Visas held by individuals subject to the 
Electronic Visa Update System (EVUS) who have not complied with the 
conditions described in 8 CFR 215.24 or whose notification of 
compliance has expired or been rescinded are automatically 
provisionally revoked and are no longer valid for travel to the United 
States, without further notice to the visa holder. The automatic 
provisional revocation pursuant to this paragraph (b)(3) shall be 
automatically reversed upon compliance with EVUS requirements set out 
at 8 CFR part 215, subpart B, as confirmed by receipt of a notification 
of compliance. A visa revoked on grounds other than failure to comply 
with EVUS shall remain revoked, notwithstanding compliance with EVUS.
    (c) * * * This paragraph (c) does not apply to provisional 
revocations under paragraph (b)(3) of this section.
    (d) Procedure for physically canceling visas. Except for 
provisional revocations pursuant to paragraph (b)(3) of this section, a 
nonimmigrant visa that is revoked shall be canceled by writing or 
stamping the word ``REVOKED'' plainly across the face of the visa, if 
the visa is available to the consular officer. The failure or inability 
to physically cancel the visa does not affect the validity of the 
revocation.
* * * * *

    Dated: October 13, 2016.
 Michele Thoren Bond,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2016-25308 Filed 10-19-16; 8:45 am]
 BILLING CODE 4710-06-P