80 FR 69588 - Visas: Interview Waiver Authority

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 217 (November 10, 2015)

Page Range		69588-69589
FR Document		2015-28578
This rule is promulgated to clarify the circumstances in which a consular officer and the Deputy Assistant Secretary for Visa Services may waive the requirement for a nonimmigrant visa interview.
Federal Register, Volume 80 Issue 217 (Tuesday, November 10, 2015)
[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Rules and Regulations]
[Pages 69588-69589]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28578]


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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice: 9343]
RIN 1400-AD80


Visas: Interview Waiver Authority

AGENCY: State Department.

ACTION: Final rule.

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

SUMMARY: This rule is promulgated to clarify the circumstances in which 
a consular officer and the Deputy Assistant Secretary for Visa Services 
may waive the requirement for a nonimmigrant visa interview.

DATES: This rule is effective November 10, 2015.

FOR FURTHER INFORMATION CONTACT: Lauren A. Boquin, Legislation and 
Regulations Division, Visa Services, Bureau of Consular Affairs, 
Department of State, 600 19th St. NW., Washington, DC 20006, (202) 485-
7638.

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

    The Immigration and Nationality Act (INA), at section 222(h), sets 
out detailed requirements for in-person interviews of applicants for 
nonimmigrant visas. This rule amends 22 CFR 41.102 to be consistent 
with INA 222(h). It is also amended to reflect delegation of the 
Secretary of State's authority under INA section 222(h)(1)(C)(ii) to 
waive visa interviews upon a determination that a waiver is necessary 
as a result of unusual or emergent circumstances. In a delegation of 
authority dated August 20, 2012 (77 FR 52379), the Secretary authorized 
the Assistant Secretary for Consular Affairs to waive in-person visa 
interviews under such circumstances, which would include humanitarian 
crises or medical emergencies. The delegation also included authority 
to re-delegate, and the authority was re-delegated to the Deputy 
Assistant Secretary for Visa Services.
    Paragraph (b) of section 41.102 is amended to add Taipei Economic 
and Cultural Representative Office (TECRO) nonimmigrants classifiable 
as E-1 visa holders, since such nonimmigrants are equivalent to 
diplomatic or official visa holders. Paragraph (c) was inserted to 
reflect the Secretary's undelegated authority to waive the personal 
appearance requirement in the national interest. The amended paragraph 
(d) of this regulation reflects the full scope of the Deputy Assistant 
Secretary for Visa Services' waiver authority, consistent with the 
above-referenced delegations. Paragraph (e) revised the prior paragraph 
(d) to reflect the revised structure of the regulation and to be 
consistent with the authority in INA 222(h) on overcoming prior 
refusals.

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 exempt 
from the requirements of 5 U.S.C. 553. In addition, since this 
rulemaking relates to rules of Department organization, procedure, or 
practice, it is exempt from notice-and-comment rulemaking in accordance 
with 5 U.S.C. 553(b). Finally, since this rulemaking is exempt from 
section 553, the provisions of 5 U.S.C. 553(d) do not apply, and this 
rulemaking is effective immediately.

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 Act (5 U.S.C. 603 and 604). Nonetheless, consistent with 
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.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (codified at 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 will not result in any such expenditure, nor 
will it significantly or uniquely affect small governments.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804. The 
Department is aware of no monetary effect on the economy that will 
result from this rulemaking.

[[Page 69589]]

Executive Orders 12866 and 13563

    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 this 
regulation outweigh any cost. The Department has considered this rule 
in light of Executive Order 13563 and affirms that this regulation is 
consistent with the guidance therein. The Department does not consider 
this rule to be a significant rulemaking action.

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. The rule will not have federalism 
implications warranting the application of Executive Orders 12372 and 
13132.

Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulation 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.

Paperwork Reduction Act

    This rule does not impose any new 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, Documentation of 
nonimmigrants, Passports and visas.

    For the reasons stated in the preamble, the Department of State 
amends 22 CFR part 41 to read as follows:

PART 41--[AMENDED]

0
1. The authority citation for Part 41 is revised to read as follows:

    Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; Pub. L. 105-277, 112 
Stat. 2681-795 through 2681-801; 8 U.S.C. 1185 note (sec. 7209 of 
Pub. L. 108-458, as amended by sec. 546 of Pub. L. 109-295).


0
2. Section 41.102 is revised to read as follows:


Sec.  41.102  Personal appearance of applicant.

    (a) Except when the requirement of personal appearance has been 
waived pursuant to paragraph (b), (c), or (d) of this section, each 
applicant for a nonimmigrant visa who is at least 14 years of age and 
not more than 79 years of age must personally appear before and be 
interviewed by a consular officer, who shall determine on the basis of 
the applicant's representations, the visa application and other 
relevant documentation:
    (1) The proper nonimmigrant classification, if any, of the alien; 
and
    (2) The alien's eligibility to receive a visa.
    (b) Waivers of personal appearance by consular officers. Except as 
provided in paragraph (e) of this section or as otherwise instructed by 
the Deputy Assistant Secretary of State for Visa Services, a consular 
officer may waive the requirement of personal appearance if the 
consular officer concludes the alien presents no national security 
concerns requiring an interview and:
    (1) Is within a class of nonimmigrants classifiable under the visa 
symbols A-1, A-2, C-2, C-3 (except attendants, servants, or personal 
employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, 
NATO-3, NATO-4, NATO-5, NATO-6, or is a Taipei Economic and Cultural 
Representative Office (TECRO) nonimmigrant classifiable under visa 
symbol E-1, and is seeking a visa in such classification; or
    (2) Is an applicant for a diplomatic or official visa as described 
in Sec.  41.26 or Sec.  41.27 of this chapter; or
    (3) Is an applicant who is within 12 months of the expiration of 
the applicant's previously issued visa and:
    (i) Is seeking re-issuance of a nonimmigrant visa in the same 
classification;
    (ii) Is applying at the consular post of the applicant's usual 
residence; and
    (iii) Is an applicant for whom the consular officer has no 
indication of visa ineligibility or of noncompliance with U.S. 
immigration laws and regulations.
    (c) Waivers of personal appearance in the national interest. Except 
as provided in paragraph (e) of this section, the Secretary may waive 
the requirement of personal appearance of an individual applicant or a 
class of applicants if the Secretary determines that such waiver is in 
the national interest of the United States.
    (d) Waivers of personal appearance in unusual or emergent 
circumstances. Except as provided in paragraph (e) of this section, the 
Deputy Assistant Secretary for Visa Services may waive the requirement 
of personal appearance of an individual applicant or a class of 
applicants if the Deputy Assistant Secretary determines that such 
waiver is necessary as a result of unusual or emergent circumstances.
    (e) Cases in which personal appearance may not be waived. Except 
for a nonimmigrant applicant whose personal appearance is waived under 
paragraphs (b)(1), (b)(2), or (c) of this section, the personal 
appearance requirement may not be waived for:
    (1) Any nonimmigrant applicant who is not a national or resident of 
the country in which he or she is applying.
    (2) Any nonimmigrant applicant who was previously refused a visa, 
is listed in CLASS, or otherwise requires a Security Advisory Opinion, 
unless:
    (i) The visa was refused and the refusal was subsequently overcome; 
or
    (ii) The alien was found inadmissible, but the inadmissibility was 
waived.
    (3) Any nonimmigrant applicant who is from a country designated by 
the Secretary of State as a state sponsor of terrorism, regardless of 
age, or who is a member of a group or sector designated by the 
Secretary of State under section 222(h)(2)(F) of the Immigration and 
Nationality Act.

    Dated: August 17, 2015.
Michele Thoren Bond,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2015-28578 Filed 11-9-15; 8:45 am]
BILLING CODE 4710-06-P
69588 Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations

State Airport name ID Approach procedure

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WI ................ MARSHFIELD MUNI .......................................................... MFI NDB RWY 5.
WI ................ MANITOWOC COUNTY .................................................... MTW VOR RWY 17.
WI ................ LAWRENCE J TIMMERMAN ............................................. MWC VOR RWY 15L.
WI ................ RHINELANDER–ONEIDA COUNTY .................................. RHI VOR RWY 09.
WV ............... RALEIGH COUNTY MEMORIAL ....................................... BKW VOR RWY 19.
WV ............... MERCER COUNTY ............................................................ BLF VOR RWY 23.

[FR Doc. 2015–28478 Filed 11–9–15; 8:45 am] ACTION: Final rule. with the above-referenced delegations.
BILLING CODE 4910–13–P Paragraph (e) revised the prior
SUMMARY: This rule is promulgated to paragraph (d) to reflect the revised
clarify the circumstances in which a structure of the regulation and to be
consular officer and the Deputy consistent with the authority in INA
DEPARTMENT OF COMMERCE Assistant Secretary for Visa Services 222(h) on overcoming prior refusals.
may waive the requirement for a
Bureau of Industry and Security Regulatory Findings
nonimmigrant visa interview.
DATES: This rule is effective November Administrative Procedure Act
15 CFR Part 730
10, 2015.
General Information FOR FURTHER INFORMATION CONTACT: This regulation involves a foreign
Lauren A. Boquin, Legislation and affairs function of the United States and,
CFR Correction Regulations Division, Visa Services, therefore, in accordance with 5 U.S.C.
In Title 15 of the Code of Federal Bureau of Consular Affairs, Department 553(a)(1), is exempt from the
Regulations, Parts 300 to 799, revised as of State, 600 19th St. NW., Washington, requirements of 5 U.S.C. 553. In
of January 1, 2015, on page 208, in DC 20006, (202) 485–7638. addition, since this rulemaking relates
§ 730.8, in paragraph (c), remove the SUPPLEMENTARY INFORMATION: to rules of Department organization,
first instance of the phrase: ‘‘General procedure, or practice, it is exempt from
Why is the Department promulgating notice-and-comment rulemaking in
information including assistance in this rule?
understanding the EAR, information on accordance with 5 U.S.C. 553(b).
how to obtain forms, electronic services, The Immigration and Nationality Act Finally, since this rulemaking is exempt
publications, and information on (INA), at section 222(h), sets out from section 553, the provisions of 5
training programs offered by BIS, is detailed requirements for in-person U.S.C. 553(d) do not apply, and this
available from the Office of Export interviews of applicants for rulemaking is effective immediately.
Services at the following locations:’’ nonimmigrant visas. This rule amends Regulatory Flexibility Act/Executive
22 CFR 41.102 to be consistent with INA Order 13272: Small Business
[FR Doc. 2015–28285 Filed 11–9–15; 8:45 am]
222(h). It is also amended to reflect
BILLING CODE 1505–01–D
delegation of the Secretary of State’s Because this final rule is exempt from
authority under INA section notice-and-comment rulemaking under
222(h)(1)(C)(ii) to waive visa interviews 5 U.S.C. 553, it is exempt from the
DEPARTMENT OF COMMERCE
upon a determination that a waiver is Regulatory Flexibility Act (5 U.S.C. 603
Bureau of Industry and Security necessary as a result of unusual or and 604). Nonetheless, consistent with
emergent circumstances. In a delegation the Regulatory Flexibility Act (5 U.S.C.
15 CFR Part 734 of authority dated August 20, 2012 (77 605(b)), the Department certifies that
FR 52379), the Secretary authorized the this rule will not have a significant
Scope of the Export Administration Assistant Secretary for Consular Affairs economic impact on a substantial
Regulations to waive in-person visa interviews number of small entities.
under such circumstances, which would Unfunded Mandates Reform Act of 1995
CFR Correction include humanitarian crises or medical
In Title 15 of the Code of Federal emergencies. The delegation also The Unfunded Mandates Reform Act
Regulations, Parts 300 to 799, revised as included authority to re-delegate, and of 1995 (codified at 2 U.S.C. 1532)
of January 1, 2015, on page 233, in the authority was re-delegated to the generally requires agencies to prepare a
§ 734.4, in paragraph (a)(4), add the term Deputy Assistant Secretary for Visa statement before proposing any rule that
‘‘ECCN’’ before ‘‘9E003.a.1’’. Services. may result in an annual expenditure of
[FR Doc. 2015–28286 Filed 11–9–15; 8:45 am] Paragraph (b) of section 41.102 is $100 million or more by State, local, or
BILLING CODE 1505–01–D
amended to add Taipei Economic and tribal governments, or by the private
Cultural Representative Office (TECRO) sector. This rule will not result in any
nonimmigrants classifiable as E–1 visa such expenditure, nor will it
holders, since such nonimmigrants are significantly or uniquely affect small
DEPARTMENT OF STATE equivalent to diplomatic or official visa governments.
22 CFR Part 41 holders. Paragraph (c) was inserted to
Small Business Regulatory Enforcement
reflect the Secretary’s undelegated
rmajette on DSK2TPTVN1PROD with RULES

Fairness Act of 1996
[Public Notice: 9343] authority to waive the personal
appearance requirement in the national This rule is not a major rule as
RIN 1400–AD80 interest. The amended paragraph (d) of defined by 5 U.S.C. 804. The
Visas: Interview Waiver Authority this regulation reflects the full scope of Department is aware of no monetary
the Deputy Assistant Secretary for Visa effect on the economy that will result
AGENCY: State Department. Services’ waiver authority, consistent from this rulemaking.

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Federal Register / Vol. 80, No. 217 / Tuesday, November 10, 2015 / Rules and Regulations 69589

Executive Orders 12866 and 13563 nonimmigrant visa who is at least 14 necessary as a result of unusual or
The Department of State has reviewed years of age and not more than 79 years emergent circumstances.
this rule to ensure its consistency with of age must personally appear before (e) Cases in which personal
the regulatory philosophy and and be interviewed by a consular appearance may not be waived. Except
principles set forth in Executive Order officer, who shall determine on the basis for a nonimmigrant applicant whose
12866, and has determined that the of the applicant’s representations, the personal appearance is waived under
benefits of this regulation outweigh any visa application and other relevant paragraphs (b)(1), (b)(2), or (c) of this
cost. The Department has considered documentation: section, the personal appearance
this rule in light of Executive Order (1) The proper nonimmigrant requirement may not be waived for:
13563 and affirms that this regulation is classification, if any, of the alien; and (1) Any nonimmigrant applicant who
consistent with the guidance therein. (2) The alien’s eligibility to receive a is not a national or resident of the
The Department does not consider this visa. country in which he or she is applying.
rule to be a significant rulemaking (b) Waivers of personal appearance by (2) Any nonimmigrant applicant who
action. consular officers. Except as provided in was previously refused a visa, is listed
paragraph (e) of this section or as in CLASS, or otherwise requires a
Executive Orders 12372 and 13132: otherwise instructed by the Deputy Security Advisory Opinion, unless:
Federalism Assistant Secretary of State for Visa (i) The visa was refused and the
This regulation will not have Services, a consular officer may waive refusal was subsequently overcome; or
substantial direct effects on the States, the requirement of personal appearance (ii) The alien was found inadmissible,
on the relationship between the national if the consular officer concludes the but the inadmissibility was waived.
government and the States, or the alien presents no national security (3) Any nonimmigrant applicant who
distribution of power and concerns requiring an interview and: is from a country designated by the
responsibilities among the various (1) Is within a class of nonimmigrants Secretary of State as a state sponsor of
levels of government. The rule will not classifiable under the visa symbols A– terrorism, regardless of age, or who is a
have federalism implications warranting 1, A–2, C–2, C–3 (except attendants, member of a group or sector designated
the application of Executive Orders servants, or personal employees of by the Secretary of State under section
12372 and 13132. accredited officials), G–1, G–2, G–3, G– 222(h)(2)(F) of the Immigration and
4, NATO–1, NATO–2, NATO–3, NATO– Nationality Act.
Executive Order 12988: Civil Justice 4, NATO–5, NATO–6, or is a Taipei
Reform Dated: August 17, 2015.
Economic and Cultural Representative Michele Thoren Bond,
The Department has reviewed the Office (TECRO) nonimmigrant Assistant Secretary for Consular Affairs,
regulation in light of sections 3(a) and classifiable under visa symbol E–1, and Department of State.
3(b)(2) of Executive Order 12988 to is seeking a visa in such classification; [FR Doc. 2015–28578 Filed 11–9–15; 8:45 am]
eliminate ambiguity, minimize or
BILLING CODE 4710–06–P
litigation, establish clear legal (2) Is an applicant for a diplomatic or
standards, and reduce burden. official visa as described in § 41.26 or
Paperwork Reduction Act § 41.27 of this chapter; or
(3) Is an applicant who is within 12 DEPARTMENT OF THE INTERIOR
This rule does not impose any new months of the expiration of the
information collection requirements applicant’s previously issued visa and: Bureau of Indian Affairs
under the provisions of the Paperwork (i) Is seeking re-issuance of a
Reduction Act, 44 U.S.C. Chapter 35. nonimmigrant visa in the same 25 CFR Part 256
List of Subjects in 22 CFR Part 41 classification; [156A2100DD/AAKC001030/
Aliens, Foreign officials, Immigration, (ii) Is applying at the consular post of A0A501010.999900 253G]
Documentation of nonimmigrants, the applicant’s usual residence; and
(iii) Is an applicant for whom the RIN 1076–AF22
Passports and visas.
consular officer has no indication of
For the reasons stated in the Housing Improvement Program
visa ineligibility or of noncompliance
preamble, the Department of State
with U.S. immigration laws and ACTION: Final rule.
amends 22 CFR part 41 to read as
regulations.
follows:
(c) Waivers of personal appearance in SUMMARY: The Bureau of Indian Affairs
PART 41—[AMENDED] the national interest. Except as provided is updating its regulations governing its
in paragraph (e) of this section, the Housing Improvement Program, which
■ 1. The authority citation for Part 41 is Secretary may waive the requirement of is a safety-net program that provides
revised to read as follows: personal appearance of an individual grants for repairing, renovating, or
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; applicant or a class of applicants if the replacing existing housing and for
Pub. L. 105–277, 112 Stat. 2681–795 through Secretary determines that such waiver is providing new housing. This final rule
2681–801; 8 U.S.C. 1185 note (sec. 7209 of in the national interest of the United is an important part of the Tiwahe
Pub. L. 108–458, as amended by sec. 546 of States. initiative, which is designed to promote
Pub. L. 109–295). (d) Waivers of personal appearance in the stability and security of Indian
■ 2. Section 41.102 is revised to read as unusual or emergent circumstances. families. This final rule aligns the
Except as provided in paragraph (e) of program with other Federal
rmajette on DSK2TPTVN1PROD with RULES

follows:
this section, the Deputy Assistant requirements, allows leveraging of
§ 41.102 Personal appearance of applicant. Secretary for Visa Services may waive housing funds to increase the number of
(a) Except when the requirement of the requirement of personal appearance families served and projects funded, and
personal appearance has been waived of an individual applicant or a class of promotes tribal sovereignty and self-
pursuant to paragraph (b), (c), or (d) of applicants if the Deputy Assistant determination by providing tribes with
this section, each applicant for a Secretary determines that such waiver is more flexibility in determining how to

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Document Created: 2018-03-01 11:25:13
Document Modified: 2018-03-01 11:25:13
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective November 10, 2015.
Contact		Lauren A. Boquin, Legislation and Regulations Division, Visa Services, Bureau of Consular Affairs, Department of State, 600 19th St. NW., Washington, DC 20006, (202) 485- 7638.
FR Citation		80 FR 69588
RIN Number		1400-AD80
CFR Associated		Aliens; Foreign Officials; Immigration; Documentation of Nonimmigrants and Passports and Visas