Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended, 23067-23069 [E8-9336]
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Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations
the Center for Veterinary Medicine, 21
CFR part 510 is amended as follows:
PART 510—NEW ANIMAL DRUGS
1. The authority citation for 21 CFR
part 510 continues to read as follows:
I
Authority: 21 U.S.C. 321, 331, 351, 352,
353, 360b, 371, 379e.
2. In § 510.600 in the table in
paragraph (c)(1), revise the entry for
‘‘Halocarbon Laboratories’’; and in the
table in paragraph (c)(2), revise the entry
for ‘‘012164’’ to read as follows:
I
§ 510.600 Names, addresses, and drug
labeler codes of sponsors of approved
applications.
*
*
*
(c) * * *
(1) * * *
*
*
Firm name and address
*
*
*
Halocarbon Products Corp.,
887 Kinderkamack Rd.,
River Edge, NJ 07661.
*
*
*
Drug labeler
code
*
012164
*
*
*
(2) * * *
Drug labeler
code
*
012164
*
*
*
Firm name and address
*
*
*
Halocarbon Products Corp.,
887 Kinderkamack Rd.,
River Edge, NJ 07661.
*
*
*
Dated: April 16, 2008.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. E8–9328 Filed 4–28–08; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF STATE
22 CFR Parts 40 and 41
[Public Notice: 6202]
Visas: Documentation of
Nonimmigrants Under the Immigration
and Nationality Act, as Amended
Department of State.
Final rule.
AGENCY:
jlentini on PROD1PC65 with RULES
ACTION:
SUMMARY: This final rule amends the
Department of State’s regulations related
to application for a nonimmigrant visa,
to offer a completely electronic
application procedure as an alternative
to submission of the Form DS–156.
DATES: This rule is effective on April 29,
2008.
FOR FURTHER INFORMATION CONTACT:
Charles Robertson, Legislation and
VerDate Aug<31>2005
16:32 Apr 28, 2008
Jkt 214001
Regulations Division, Visa Services,
Department of State, Washington, DC
20520–0106, (202) 663–1202, e-mail
(robertsonce3@state.gov).
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating
this rule?
The Government Paperwork
Elimination Act (GPEA 1998) requires
that, when possible, Federal agencies
use electronic forms, electronic filing,
and electronic signatures to conduct
agency business with the public. For
this reason, the Department of State
developed and introduced an electronic
application process for nonimmigrant
visas to eventually replace the current
application process, which depends on
a paper form (Form DS–156, and other
forms when required, such as the Form
DS–157 and Form DS–158). The first
step was to offer an electronic visa
application form (EVAF) as a voluntary
alternative way of obtaining and
preparing the Form DS–156. While the
nonimmigrant visa applicant could
obtain and prepare the Form DS–156
electronically, he or she was required to
sign the Form DS–156 manually. On
October 1, 2006, the EVAF was made
mandatory worldwide wherever
possible. Now, while the Department
will continue to accept the EVAF
(electronic Form DS–156) where
necessary, it proposes to eventually
eliminate the Form DS–156 entirely and
replace it with the Form DS–160, an
electronic form designed to be
completed and signed electronically.
What effect does the electronic
application process have on the
nonimmigrant visa applicant?
The procedure is the same for the
nonimmigrant visa applicant except that
he or she will not be required to print
and sign a form to take to the visa
interview. All information entered into
the Form DS–160 will be available to
the consular officer at the time of the
interview, thus simplifying the process
from the point of the view of the
applicant. The applicant is required to
sign the Form DS–160 electronically.
How does the applicant sign the Form
DS–160 electronically?
The applicant will be required to click
on the box designated ‘‘Sign
Application’’ found within the
certification section of the application.
How does the consular officer identify
the applicant who has submitted an
electronic application (Form DS–160)?
Photos, passports and fingerscans
collected as part of the application
process will identify the applicant.
PO 00000
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Fmt 4700
Sfmt 4700
23067
How does the applicant certify that the
information in the Form DS–160 is
correct?
By signing the Form DS–160
electronically (i.e., clicking on the ‘‘Sign
Application’’ box), the applicant
certifies that the information provided is
correct.
Is an electronic signature binding on a
nonimmigrant visa applicant?
Yes. The electronic signature (i.e., the
click on the ‘‘Sign Application’’ box)
indicates that the applicant is familiar
with and intends to be bound by the
statements contained in the application
and has answered all questions
truthfully, under penalty of perjury.
Can a third party prepare the Form DS–
160?
While a third party may assist the
applicant in preparing the Form DS–
160, the applicant must electronically
sign the application himself or herself.
The applicant must identify in the
application any third party who has
assisted in the preparation of the Form
DS–160.
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 rule
making procedures set forth at 5 U.S.C.
553.
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, it is exempt from the
regulatory flexibility analysis
requirements set forth at sections 603
and 604 of the Regulatory Flexibility
Act (5 U.S.C. 603 and 604). Nonetheless,
consistent with section 605(b) of the
Regulatory Flexibility Act (5 U.S.C.
605(b)), the Department certifies that
this rule will not have a significant
economic impact on a substantial
number of small entities. This regulates
individual aliens who seek
consideration for nonimmigrant visas
and does not affect any small entities, as
defined in 5 U.S.C. 601(6).
The Unfunded Mandates Reform Act of
1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UFMA),
Public Law 104–4, 109 Stat. 48, 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
E:\FR\FM\29APR1.SGM
29APR1
23068
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations
State, local, or tribal governments, or by
the private sector. This rule will not
result in any such expenditure, nor will
it significantly or uniquely affect small
governments.
Paperwork Reduction Act
The Small Business Regulatory
Enforcement Fairness Act of 1996
List of Subjects in 22 CFR Parts 40 and
41
This rule is not a major rule as
defined by 5 U.S.C. 804, for purposes of
congressional review of agency
rulemaking under the Small Business
Regulatory Enforcement Fairness Act of
1996, Public Law 104–121. 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.
Aliens, Foreign officials, Immigration,
Nonimmigrants, Passports and Visas.
I For the reasons stated in the preamble,
the Department of State amends 22 CFR
part 40 and 41 as follows:
Executive Order 12866: Regulatory
Review
§ 40.1
Executive Order 12988: Civil Justice
Reform
jlentini on PROD1PC65 with RULES
Authority: 8 U.S.C. 1104; Pub. L. 105–277,
112 Stat. 2681–795 through 2681–801, Pub.
L. 104–208, 110 Stat. 3546.
2. Section 40.1 is amended by revising
paragraph (l)(1) to read as follows:
I
Definitions.
*
*
*
*
(l) * * *
(1) For a nonimmigrant visa applicant,
submitting for formal adjudication by a
consular officer of an electronic
application, Form DS–160, signed
electronically by clicking the box
designated ‘‘Sign Application’’ in the
certification section of the application
or, as directed by a consular officer, a
completed Form DS–156, with any
required supporting documents and
biometric data, as well as the requisite
processing fee or evidence of the prior
payment of the processing fee when
such documents are received and
accepted for adjudication by the
consular officer.
*
*
*
*
*
3. The authority citation for part 41
continues to read:
I
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.
The Department has reviewed the
proposed regulations in light of sections
3(a) and 3(b)(2) of Executive Order No.
12988 to eliminate ambiguity, minimize
litigation, establish clear legal
standards, and reduce burden.
Jkt 214001
1. The authority citation for part 40
continues to read:
I
PART 41—[AMENDED]
Executive Orders 12372 and 13132:
Federalism
16:32 Apr 28, 2008
PART 40—[AMENDED]
*
The Department of State has reviewed
this rule to ensure its consistency with
the regulatory philosophy and
principles set forth in Executive Order
12866 and has determined that the
benefits of the proposed regulation
justify its costs. The Department does
not consider the rule to be an
economically significant action within
the scope of section 3(f)(1) of the
Executive Order since it is not likely to
have an annual effect on the economy
of $100 million or more or to adversely
affect in a material way the economy, a
sector of the economy, competition,
jobs, the environment, public health or
safety, or state, local, or tribal
governments or communities.
VerDate Aug<31>2005
This rule does not impose information
collection requirements under the
provisions of the Paperwork Reduction
Act, 44 U.S.C., Chapter 35.
Authority: 8 U.S.C. 1104; Public Law 105–
277, 112 Stat. 2681–795 through 2681–801,
Pub. L. 104–208, 110 Stat. 3546.3.
4. Section 41.32 is amended by
revising paragraph (a)(2) to read as
follows:
I
§ 41.32 Nonresident alien Mexican border
crossing identification cards; combined
border crossing identification cards and B–
1/B–2 visitor visas.
(a) * * *
(2) Procedure for application.
Mexican applicants shall apply for a B–
1/B–2 Visa/BCC at any U.S. consular
office in Mexico designated by the
Deputy Assistant Secretary of State for
Visa Services pursuant to paragraph (a)
of this section to accept such
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
applications. The application shall be
submitted electronically on Form DS–
160 or, as directed by a consular officer,
on Form DS–156. If submitted
electronically, it must be signed
electronically by clicking the box
designated ‘‘Sign Application’’ in the
certification section of the application.
*
*
*
*
*
I 5. Section 41.103 is revised to read as
follows:
§ 41.103
Filing an application.
(a) Filing an application—(1) Filing of
application required. Every alien
seeking a nonimmigrant visa must make
an electronic application on Form DS–
160 or, as directed by a consular officer,
an application on Form DS–156. The
Form DS–160 must be signed
electronically by clicking the box
designated ‘‘Sign Application’’ in the
certification section of the application.
(2) Filing of an electronic application
(Form DS–160) or Form DS–156 by alien
under 16 or physically incapable. The
application for an alien under 16 years
of age or one physically incapable of
completing an application may be
completed and executed by the alien’s
parent or guardian, or if the alien has no
parent or guardian, by any person
having legal custody of, or a legitimate
interest in, the alien.
(3) Waiver of filing of application
when personal appearance is waived.
Even if personal appearance of a visa
applicant is waived pursuant to 22 CFR
41.102, the requirement for filing an
application is not waived.
(b) Application—(1) Preparation of
Electronic Nonimmigrant Visa
Application (Form DS–160) or,
alternatively, Form DS–156. The
consular officer shall ensure that the
application is fully and properly
completed in accordance with the
applicable regulations and instructions.
(2) Additional requirements and
information as part of application.
Applicants who are required to appear
for a personal interview must provide a
biometric, which will serve to
authenticate identity and additionally
verify the accuracy and truthfulness of
the statements in the application at the
time of interview. The consular officer
may require the submission of
additional necessary information or
question an alien on any relevant matter
whenever the consular officer believes
that the information provided in the
application is inadequate to permit a
determination of the alien’s eligibility to
receive a nonimmigrant visa. Additional
statements made by the alien become a
part of the visa application. All
documents required by the consular
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29APR1
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Rules and Regulations
officer under the authority of § 41.105(a)
are considered papers submitted with
the alien’s application within the
meaning of INA 221(g)(1).
(3) Signature. The Form DS–160 shall
be signed electronically by clicking the
box designated ‘‘Sign Application’’ in
the certification section of the
application. This electronic signature
attests to the applicant’s familiarity with
and intent to be bound by all statements
in the NIV application under penalty of
perjury. Alternatively, except as
provided in paragraph (a)(2) of this
section, the Form DS–156 shall be
signed by the applicant, with intent to
be bound by all statement in the NIV
application under penalty of perjury.
(4) Registration. The Form DS–160 or
the Form DS–156, when duly executed,
constitutes the alien’s registration for
the purposes of INA 221(b).
6. Section 41.106 is revised to read as
follows:
I
§ 41.106
Processing.
Consular officers must ensure that the
Form DS–160 or, alternatively, Form
DS–156 is properly and promptly
processed in accordance with the
applicable regulations and instructions.
7. Section 41.113 is amended by
revising paragraphs (g) and (h) to read
as follows:
I
§ 41.113
Procedures in issuing visas.
*
*
*
*
(g) Delivery of visa. In issuing a
nonimmigrant visa, the consular officer
should deliver the visaed passport, or
the prescribed Form DS–232, which
bears the visa, to the alien or to the
alien’s authorized representative. Any
evidence furnished by the alien in
accordance with 41.103(b) should be
retained in the consular files, along with
Form DS–156, if received.
(h) Disposition of supporting
documents. Original supporting
documents furnished by the alien
should be returned for presentation, if
necessary, to the immigration
authorities at the port of entry.
Duplicate copies may be retained in the
consular files or scanned into the
consular system.
*
*
*
*
*
jlentini on PROD1PC65 with RULES
*
Dated: April 22, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs,
Acting, Department of State.
[FR Doc. E8–9336 Filed 4–28–08; 8:45 am]
17:26 Apr 28, 2008
Jkt 214001
§ 1.501(c)(3)–1
[Amended]
Par. 2. Section 1.501(c)(3)–1 is
amended as follows:
I 1. In paragraph (d)(1)(iii) Example 2.
(ii), in the second sentence, the language
‘‘As a result, the sole activity of O serves
the private interests of these artists.’’ is
removed and the language ‘‘As a result,
the principal activity of O serves the
private interests of these artists.’’ is
added in its place.
I 2. In paragraph (f)(2)(iv) Example 2.
(iii), in the sixth sentence, the language
‘‘Beginning in Year 4, however, as O’s
exempt function activities grow, the size
and scope of the excess benefit
transactions that occurred in Year 3
become less and less significant as
compared to the size and extent of O’s
regular and ongoing exempt function
activities.’’ is removed and the language
‘‘Beginning in Year 4, however, as O’s
exempt function activities grow, the size
and scope of the excess benefit
transactions that occurred in Year 3
become less and less significant as
compared to the size and scope of O’s
regular and ongoing exempt function
activities.’’ is added in its place.
I 3. In paragraph (f)(2)(iv) Example 4.
(iii), in the fourth sentence, the language
‘‘By adopting a conflicts of interest
policy and significant new contract
review procedures and by terminating
C, O has implemented safeguards that
are reasonably calculated to prevent
future violations.’’ is removed and the
language ‘‘By adopting a conflicts of
interest policy and new contract review
procedures and by terminating C, O has
implemented safeguards that are
reasonably calculated to prevent future
violations.’’ is added in its place.
*
*
*
*
*
I
Internal Revenue Service
26 CFR Part 1
[TD 9390]
RIN 1545–BE37
Standards for Recognition of TaxExempt Status if Private Benefit Exists
or if an Applicable Tax-Exempt
Organization Has Engaged in Excess
Benefit Transaction(s); Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendment.
AGENCY:
SUMMARY: This document contains
corrections to final regulations (TD
9390) that were published in the
Federal Register on Friday, March 28,
2008 (73 FR 16519) clarifying the
substantive requirements for tax
exemption under section 501(c)(3) of the
Internal Revenue Code. These final
regulations also contain provisions that
clarify the relationship between the
substantive requirements for tax
exemption under section 501(c)(3) and
the imposition of section 4958 excise
taxes on excess benefit transactions.
DATES: This correction is effective April
29, 2008 and is applicable on March 28,
2008.
FOR FURTHER INFORMATION CONTACT:
Galina Kolomietz, (202) 622–7971 (not a
toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the
subject of this document are under
sections 501(c)(3) and 4958 of the
Internal Revenue Code.
Need for Correction
As published, final regulations (TD
9390) contain errors that may prove to
be misleading and are in need of
clarification.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E8–9362 Filed 4–28–08; 8:45 am]
BILLING CODE 4830–01–P
List of Subjects in 26 CFR Part 1
DEPARTMENT OF THE TREASURY
Income taxes, Reporting and
recordkeeping requirements.
Internal Revenue Service
26 CFR Parts 1, 301, and 602
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
correcting amendments:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as
follows:
I
Authority: 26 U.S.C. 7805 * * *
BILLING CODE 4710–06–P
VerDate Aug<31>2005
DEPARTMENT OF THE TREASURY
23069
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
[TD 9394]
RIN 1545–BD80
Special Rules To Reduce Section 1446
Withholding
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations and removal of
temporary regulations.
AGENCY:
E:\FR\FM\29APR1.SGM
29APR1
]]>Agencies
[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Rules and Regulations]
[Pages 23067-23069]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9336]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Parts 40 and 41
[Public Notice: 6202]
Visas: Documentation of Nonimmigrants Under the Immigration and
Nationality Act, as Amended
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule amends the Department of State's regulations
related to application for a nonimmigrant visa, to offer a completely
electronic application procedure as an alternative to submission of the
Form DS-156.
DATES: This rule is effective on April 29, 2008.
FOR FURTHER INFORMATION CONTACT: Charles Robertson, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1202, e-mail (robertsonce3@state.gov).
SUPPLEMENTARY INFORMATION:
Why is the Department promulgating this rule?
The Government Paperwork Elimination Act (GPEA 1998) requires that,
when possible, Federal agencies use electronic forms, electronic
filing, and electronic signatures to conduct agency business with the
public. For this reason, the Department of State developed and
introduced an electronic application process for nonimmigrant visas to
eventually replace the current application process, which depends on a
paper form (Form DS-156, and other forms when required, such as the
Form DS-157 and Form DS-158). The first step was to offer an electronic
visa application form (EVAF) as a voluntary alternative way of
obtaining and preparing the Form DS-156. While the nonimmigrant visa
applicant could obtain and prepare the Form DS-156 electronically, he
or she was required to sign the Form DS-156 manually. On October 1,
2006, the EVAF was made mandatory worldwide wherever possible. Now,
while the Department will continue to accept the EVAF (electronic Form
DS-156) where necessary, it proposes to eventually eliminate the Form
DS-156 entirely and replace it with the Form DS-160, an electronic form
designed to be completed and signed electronically.
What effect does the electronic application process have on the
nonimmigrant visa applicant?
The procedure is the same for the nonimmigrant visa applicant
except that he or she will not be required to print and sign a form to
take to the visa interview. All information entered into the Form DS-
160 will be available to the consular officer at the time of the
interview, thus simplifying the process from the point of the view of
the applicant. The applicant is required to sign the Form DS-160
electronically.
How does the applicant sign the Form DS-160 electronically?
The applicant will be required to click on the box designated
``Sign Application'' found within the certification section of the
application.
How does the consular officer identify the applicant who has submitted
an electronic application (Form DS-160)?
Photos, passports and fingerscans collected as part of the
application process will identify the applicant.
How does the applicant certify that the information in the Form DS-160
is correct?
By signing the Form DS-160 electronically (i.e., clicking on the
``Sign Application'' box), the applicant certifies that the information
provided is correct.
Is an electronic signature binding on a nonimmigrant visa applicant?
Yes. The electronic signature (i.e., the click on the ``Sign
Application'' box) indicates that the applicant is familiar with and
intends to be bound by the statements contained in the application and
has answered all questions truthfully, under penalty of perjury.
Can a third party prepare the Form DS-160?
While a third party may assist the applicant in preparing the Form
DS-160, the applicant must electronically sign the application himself
or herself. The applicant must identify in the application any third
party who has assisted in the preparation of the Form DS-160.
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 rule making procedures set forth at 5 U.S.C. 553.
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, it is exempt from the regulatory
flexibility analysis requirements set forth at sections 603 and 604 of
the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless,
consistent with section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 605(b)), the Department certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
This regulates individual aliens who seek consideration for
nonimmigrant visas and does not affect any small entities, as defined
in 5 U.S.C. 601(6).
The Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA),
Public Law 104-4, 109 Stat. 48, 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
[[Page 23068]]
State, local, or tribal governments, or by the private sector. This
rule will not result in any such expenditure, nor will it significantly
or uniquely affect small governments.
The Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by 5 U.S.C. 804, for
purposes of congressional review of agency rulemaking under the Small
Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-
121. 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 Order 12866: Regulatory Review
The Department of State has reviewed this rule to ensure its
consistency with the regulatory philosophy and principles set forth in
Executive Order 12866 and has determined that the benefits of the
proposed regulation justify its costs. The Department does not consider
the rule to be an economically significant action within the scope of
section 3(f)(1) of the Executive Order since it is not likely to have
an annual effect on the economy of $100 million or more or to adversely
affect in a material way the economy, a sector of the economy,
competition, jobs, the environment, public health or safety, or state,
local, or tribal governments or communities.
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 12988: Civil Justice Reform
The Department has reviewed the proposed regulations in light of
sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate
ambiguity, minimize litigation, establish clear legal standards, and
reduce burden.
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 Parts 40 and 41
Aliens, Foreign officials, Immigration, Nonimmigrants, Passports
and Visas.
0
For the reasons stated in the preamble, the Department of State amends
22 CFR part 40 and 41 as follows:
PART 40--[AMENDED]
0
1. The authority citation for part 40 continues to read:
Authority: 8 U.S.C. 1104; Pub. L. 105-277, 112 Stat. 2681-795
through 2681-801, Pub. L. 104-208, 110 Stat. 3546.
0
2. Section 40.1 is amended by revising paragraph (l)(1) to read as
follows:
Sec. 40.1 Definitions.
* * * * *
(l) * * *
(1) For a nonimmigrant visa applicant, submitting for formal
adjudication by a consular officer of an electronic application, Form
DS-160, signed electronically by clicking the box designated ``Sign
Application'' in the certification section of the application or, as
directed by a consular officer, a completed Form DS-156, with any
required supporting documents and biometric data, as well as the
requisite processing fee or evidence of the prior payment of the
processing fee when such documents are received and accepted for
adjudication by the consular officer.
* * * * *
PART 41--[AMENDED]
0
3. The authority citation for part 41 continues to read:
Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681-795
through 2681-801, Pub. L. 104-208, 110 Stat. 3546.3.
0
4. Section 41.32 is amended by revising paragraph (a)(2) to read as
follows:
Sec. 41.32 Nonresident alien Mexican border crossing identification
cards; combined border crossing identification cards and B-1/B-2
visitor visas.
(a) * * *
(2) Procedure for application. Mexican applicants shall apply for a
B-1/B-2 Visa/BCC at any U.S. consular office in Mexico designated by
the Deputy Assistant Secretary of State for Visa Services pursuant to
paragraph (a) of this section to accept such applications. The
application shall be submitted electronically on Form DS-160 or, as
directed by a consular officer, on Form DS-156. If submitted
electronically, it must be signed electronically by clicking the box
designated ``Sign Application'' in the certification section of the
application.
* * * * *
0
5. Section 41.103 is revised to read as follows:
Sec. 41.103 Filing an application.
(a) Filing an application--(1) Filing of application required.
Every alien seeking a nonimmigrant visa must make an electronic
application on Form DS-160 or, as directed by a consular officer, an
application on Form DS-156. The Form DS-160 must be signed
electronically by clicking the box designated ``Sign Application'' in
the certification section of the application.
(2) Filing of an electronic application (Form DS-160) or Form DS-
156 by alien under 16 or physically incapable. The application for an
alien under 16 years of age or one physically incapable of completing
an application may be completed and executed by the alien's parent or
guardian, or if the alien has no parent or guardian, by any person
having legal custody of, or a legitimate interest in, the alien.
(3) Waiver of filing of application when personal appearance is
waived. Even if personal appearance of a visa applicant is waived
pursuant to 22 CFR 41.102, the requirement for filing an application is
not waived.
(b) Application--(1) Preparation of Electronic Nonimmigrant Visa
Application (Form DS-160) or, alternatively, Form DS-156. The consular
officer shall ensure that the application is fully and properly
completed in accordance with the applicable regulations and
instructions.
(2) Additional requirements and information as part of application.
Applicants who are required to appear for a personal interview must
provide a biometric, which will serve to authenticate identity and
additionally verify the accuracy and truthfulness of the statements in
the application at the time of interview. The consular officer may
require the submission of additional necessary information or question
an alien on any relevant matter whenever the consular officer believes
that the information provided in the application is inadequate to
permit a determination of the alien's eligibility to receive a
nonimmigrant visa. Additional statements made by the alien become a
part of the visa application. All documents required by the consular
[[Page 23069]]
officer under the authority of Sec. 41.105(a) are considered papers
submitted with the alien's application within the meaning of INA
221(g)(1).
(3) Signature. The Form DS-160 shall be signed electronically by
clicking the box designated ``Sign Application'' in the certification
section of the application. This electronic signature attests to the
applicant's familiarity with and intent to be bound by all statements
in the NIV application under penalty of perjury. Alternatively, except
as provided in paragraph (a)(2) of this section, the Form DS-156 shall
be signed by the applicant, with intent to be bound by all statement in
the NIV application under penalty of perjury.
(4) Registration. The Form DS-160 or the Form DS-156, when duly
executed, constitutes the alien's registration for the purposes of INA
221(b).
0
6. Section 41.106 is revised to read as follows:
Sec. 41.106 Processing.
Consular officers must ensure that the Form DS-160 or,
alternatively, Form DS-156 is properly and promptly processed in
accordance with the applicable regulations and instructions.
0
7. Section 41.113 is amended by revising paragraphs (g) and (h) to read
as follows:
Sec. 41.113 Procedures in issuing visas.
* * * * *
(g) Delivery of visa. In issuing a nonimmigrant visa, the consular
officer should deliver the visaed passport, or the prescribed Form DS-
232, which bears the visa, to the alien or to the alien's authorized
representative. Any evidence furnished by the alien in accordance with
41.103(b) should be retained in the consular files, along with Form DS-
156, if received.
(h) Disposition of supporting documents. Original supporting
documents furnished by the alien should be returned for presentation,
if necessary, to the immigration authorities at the port of entry.
Duplicate copies may be retained in the consular files or scanned into
the consular system.
* * * * *
Dated: April 22, 2008.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Acting, Department of State.
[FR Doc. E8-9336 Filed 4-28-08; 8:45 am]
BILLING CODE 4710-06-P
