Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Validity of Visa, 55692-55693 [2021-21249]

Download as PDF 55692 Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations PART 239—FORMS PRESCRIBED UNDER THE SECURITIES ACT OF 1933 DEPARTMENT OF STATE 3. The general authority citation for part 239 continues to read as follows: [Public Notice: 11458] ■ Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j, 77s, 77z–2, 77z–3, 77sss, 78c, 78l, 78m,78n, 78o(d), 78o–7 note, 78u–5, 78w(a), 78ll, 78mm, 80a–2(a), 80a–3, 80a–8, 80a–9, 80a– 10, 80a–13, 80a–24, 80a–26, 80a–29, 80a–30, and 80a–37; and sec. 107, Pub. L. 112–106, 126 Stat. 312, unless otherwise noted. * * * * * Note: The text of Form ID does not, and the amendments will not, appear in the Code of Federal Regulations. Form ID Uniform Application for Access Codes to File on EDGAR * * * * General Instructions * * * * * Privacy Act Statement lotter on DSK11XQN23PROD with RULES1 Authorities: The information is sought pursuant to 15 U.S.C. 77a et seq., 15 U.S.C. 77aaa et seq., 78a et seq., 80a–1 et seq., and 17 CFR 232.10. Purpose: The information solicited on this form will be used to determine whether to allow applicants to make filings on EDGAR, and, where access is granted, to establish and maintain the filer’s EDGAR account. Routine Uses: Uses for the information collected can be found in the System of Records Notice SEC–33: General Information Technology Records. See https://www.sec.gov/ about/privacy/sorn/sec-33_sec_general_ information_technology_records.pdf. Disclosure: Providing this information is voluntary. Failure to provide the information requested on this form, however, may affect the determination whether to allow applicants to make filings on EDGAR. Please note that information submitted on Form ID may become public. * * * * * By the Commission. Dated: September 20, 2021. Vanessa A. Countryman, Secretary. RIN 1400–AE82 Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Validity of Visa ACTION: This final rule replaces an outdated form name and number with a revised form name and number used for processing exchange visitor visas and updates the agency responsible for maintaining the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, VisaRegs@state.gov. 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. Exchange Visitor Program sponsors issue Forms DS–2019 to prospective exchange visitors. The Form DS–2019 identifies the exchange visitor and his [FR Doc. 2021–21915 Filed 10–6–21; 8:45 am] 1 22 BILLING CODE 8011–01–P 2 67 VerDate Sep<11>2014 16:21 Oct 06, 2021 Jkt 256001 Department of State. Final rule. AGENCY: SUMMARY: 4. Form ID (referenced in §§ 239.63, 249.446, 269.7, and 274.402) is amended by revising the page titled ‘‘General Instructions’’ to read as follows: ■ * 22 CFR Part 41 PO 00000 U.S.C. 6501. FR 17613 (April 11, 2002). Frm 00008 Fmt 4700 Sfmt 4700 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). 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 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. E:\FR\FM\07OCR1.SGM 07OCR1 Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations 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. lotter on DSK11XQN23PROD with RULES1 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 VerDate Sep<11>2014 16:21 Oct 06, 2021 Jkt 256001 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). 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 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 247, 880, 882, 884, 966 [Docket No. FR–6286–I–01] List of Subjects in 22 CFR Part 41 RIN 2501–AD99 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: Extension of Time and Required Disclosures for Notification of Nonpayment of Rent PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED 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. 2. In § 41.112, revise paragraph (d)(2)(i) to read as follows: ■ § 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 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 55693 Office of the Assistant Secretary of Public and Indian Housing, and Office of the Assistant Secretary for Housing-Federal Housing Commissioner, Department of Housing and Urban Development (HUD). ACTION: Interim final rule. AGENCY: This interim final rule applies when, during emergencies such the current COVID–19 pandemic, Federal funding is available to assist tenants with nonpayment of rent and tenants facing eviction for nonpayment of rent in public housing and properties with project-based rental assistance (PBRA) (for purposes of this rule, PBRA includes projects in the following programs: Section 8, Section 8 Moderate Rehabilitation, Section 202/162 Project Assistance Contract, Section 202 Project Rental Assistance Contract (PRAC), Section 811 PRAC, Section 236 Rental SUMMARY: E:\FR\FM\07OCR1.SGM 07OCR1

Agencies

DEPARTMENT OF STATE

[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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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, 
[email protected].

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.
---------------------------------------------------------------------------

    \1\ 22 U.S.C. 6501.
    \2\ 67 FR 17613 (April 11, 2002).
---------------------------------------------------------------------------

    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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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.


0
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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