81 FR 5906 - Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended
DEPARTMENT OF STATE Federal Register Volume 81, Issue 23 (February 4, 2016)
Federal Register Volume 81, Issue 23 (February 4, 2016)
| Page Range | 5906-5908 | |
| FR Document | 2016-02191 |
[Federal Register Volume 81, Number 23 (Thursday, February 4, 2016)] [Rules and Regulations] [Pages 5906-5908] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02191] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 41 [Public Notice: 9428] RIN 1400-AD17 Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended AGENCY: Department of State. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: As a result of this rule, a passport and a visa will be required of a British, French, or Netherlands national, or of a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area, or has residence in Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, if the alien is proceeding to the United States as an agricultural worker. In light of past experience, and to promote consistency of treatment across H-2A agricultural workers, prudent border management requires these temporary workers to obtain a visa along with most other H-2A agricultural workers. The previous rule allowing temporary workers from these countries to enter the United States without a visa presented a vulnerability. Temporary workers from these countries now require H-2A visas to enter the United States. DATES: This rule is effective February 19, 2016. Comment period: The Department will accept comments until April 4, 2016. ADDRESSES:Interested parties may submit comments at any time by any of the following methods: Mail: U.S. Department of State, Visa Services, Legislation and Regulations Division, 600 19th Street NW., Room 12-526B, Washington, DC 20006 ATTN: Paul-Anthony L. Magadia. If you have access to the Internet you may submit comments by going to http://www.regulations.gov/#!home and searching for Public Notice number XXXX. FOR FURTHER INFORMATION CONTACT: Paul-Anthony L. Magadia, U.S. Department of State, Visa Services, Legislation and Regulations Division, Washington, DC 20006, (202) 485-7641, Email: [email protected]. SUPPLEMENTARY INFORMATION: Why is the Department promulgating this rule? The Department of State (the Department) is amending the previous rule to alleviate fraud and security concerns that have developed subsequent to that rule's publication. The previous rule, 22 CFR 41.2(e)(1), allowed nationals of certain Caribbean countries, as well as nationals of certain other countries who have residence in such countries' territories in the Caribbean, to enter the United States as temporary agricultural workers without visas. The amended rule requires that temporary workers from these countries obtain H-2A visas to enter the United States. What is the current rule? Currently, British, French, and Netherlands nationals and nationals of Antigua, Barbados, Grenada, Jamaica, and Trinidad and Tobago, who have their residence in British, French, or Netherlands territory located in the adjacent islands of the Caribbean area or in Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, are not required to obtain visas before traveling to the United States as H-2A agricultural workers. What will prospective H-2A agricultural workers be required to do? The amended rule requires these prospective H-2A agricultural workers to obtain a visa prior to traveling to the United States. Any spouses or children of these workers also will have to obtain a visa. To obtain a visa, these nonimmigrant aliens will have to be in possession of a valid passport, submit a visa application to and appear for an interview at a U.S. embassy or consulate, and undergo the Department's visa screening process. Will the amended rule ensure that prospective H-2A agricultural workers are properly screened prior to their arrival in the United States? Requiring these prospective H-2A agricultural workers to obtain visas will ensure that they are sufficiently screened prior to arrival in the United States. This will lessen the possibility that persons who pose security risks to the United States and other potential immigration violators may improperly gain admission to the United States. At the same time, requiring that these applicants appear before consular officers will provide greater opportunities to prescreen for potential employment fraud and will promote compliance with Department of Homeland Security (DHS) and Department of Labor (DOL) H-2A rules. [[Page 5907]] How will the amended rule further the national security interests of the United States? The Department, in conjunction with DHS, has determined that the visa exemption provided a loophole that could potentially be exploited by terrorists and other persons seeking to engage in unlawful activities in the United States and threatens the security interests of the United States. This visa exemption is outdated in the post-9/11 environment and inconsistent with the visa requirement for other H-2A agricultural workers from other countries. The Department and DHS have determined that eliminating this visa exemption furthers the national security interests of the United States. How will the amended rule affect the Department's visa issuance process? The application of the general visa requirement to the class of Caribbean agricultural workers described above will ensure that these applicants for admission, like other H-2A agricultural workers, are properly screened through the Department's visa issuance process prior to arrival in the United States. This will lessen the possibility that persons who pose security risks to the United States and other potential immigration violators may improperly gain admission to the United States. Moreover, extending the visa requirement to these Caribbean H-2A agricultural workers will better ensure that such workers are protected from certain employment and recruitment-based abuses. It also will ensure that agricultural workers have been informed, and are aware of, their rights and responsibilities before departing from their home countries to engage in H-2A agricultural work. What other changes is the Department making in this rule? Redesignated paragraph (e)(2)(iv) is being amended to reflect that The Royal Virgin Islands Police Department has been renamed the Royal Virgin Islands Police Force. Will DHS be publishing a parallel amendment? DHS is publishing a parallel amendment to 8 CFR 212.1(b). Regulatory Findings Administrative Procedure Act The publication of this rule as an interim final rule, with provisions for post-promulgation public comments, is based on the good cause exception found in section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)(B)). There is reasonable concern that publication of the rule as a proposed rule, which would permit continuation of the current visa exemption, could lead to an increase in applications for admission in bad faith by persons who would otherwise have been denied visas and are seeking to avoid the visa requirement and consular screening process during the period between the publication of a proposed and a final rule. Accordingly, the Department finds that it is impracticable and contrary to the public interest to publish this rule with prior notice and comment period. Under the good cause exception, this rule is exempt from the notice and comment and delayed effective date requirements of the APA. In addition, the Department is of the opinion that eliminating the visa exemption and requiring a visa for Caribbean H-2A agricultural workers, and the spouses or children accompanying or following these workers, is a foreign affairs function of the U.S. government. As this rule implements this function, the Department is of the opinion that, pursuant to 5 U.S.C. 553(a)(1), this rule is exempt from the requirements of 5 U.S.C. 553, including the notice and comment and 30- day delayed effective date requirements. The Department is nevertheless providing the opportunity for the public to provide comments for 60 days. Regulatory Flexibility Act/Executive Order 13272: Small Business Because this interim 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 rulemaking 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, 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 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. Executive Order 12866: Regulatory Review The costs of this rulemaking are discussed in the companion DHS rule, RIN 1651-AB09, included elsewhere in this edition of the Federal Register. That discussion is incorporated by reference herein. The Department has reviewed the costs and benefits of 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 interim final rule justify its costs. Executive Order 13563 The Department has considered this rule in light of Executive Order 13563, dated January 18, 2011, 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 12372 and 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 Executive Order 13175 do not apply to this rulemaking. Executive Order 12988: Civil Justice Reform The Department has reviewed this interim final rule in light of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. [[Page 5908]] Paperwork Reduction Act This rule does not impose any new information collections subject to the Paperwork Reduction Act, 44 U.S.C., Chapter 35. The Department anticipates between 100 and 4,100 additional nonimmigrant visa applicants per year as a result of this rulemaking. The current burden for this information collection (OMB Control No. 1405-0182) is 13,875,345 hours, with 11,100,276 respondents. The burden per response is 75 minutes. The top estimate for the number of additional respondents would add approximately 5,000 hours to a burden that is almost 14 million hours. Therefore, the addition of these respondents does not significantly increase the burden associated with this information collection. List of Subjects in 22 CFR Part 41 Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and visas. For the reasons stated in the preamble, the Department of State is amending 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 (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295). 0 2. Amend Sec. 41.2 as follows: 0 a. Remove paragraph (e). 0 b. Redesignate paragraphs (f) through (m) as paragraphs (e) through (l). 0 c. Revise redesignated paragraph (e)(2)(iv). The revisions read as follows: Sec. 41.2 Exemption or waiver by Secretary of State and Secretary of Homeland Security of passport and/or visa requirements for certain categories of nonimmigrants. * * * * * (e) * * * (2) * * * (iv) Presents a current certificate issued by the Royal Virgin Islands Police Force indicating that he or she has no criminal record. * * * * * Dated: January 22, 2016. David T. Donahue, Acting Assistant Secretary for Consular Affairs, Department of State. [FR Doc. 2016-02191 Filed 2-3-16; 8:45 am] BILLING CODE 4710-06-P
![5906 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Rules and Regulations
PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF STATE Why is the Department promulgating
B, C, D, AND E AIRSPACE AREAS; AIR this rule?
TRAFFIC SERVICE ROUTES; AND 22 CFR Part 41 The Department of State (the
REPORTING POINTS Department) is amending the previous
[Public Notice: 9428] rule to alleviate fraud and security
■ 1. The authority citation for part 71 concerns that have developed
continues to read as follows: RIN 1400–AD17 subsequent to that rule’s publication.
Authority: 49 U.S.C. 106(f), 106(g); 40103, The previous rule, 22 CFR 41.2(e)(1),
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, Visas: Documentation of allowed nationals of certain Caribbean
1959–1963 Comp., p. 389. Nonimmigrants Under the Immigration countries, as well as nationals of certain
and Nationality Act, as Amended other countries who have residence in
§ 71.1 [Amended] such countries’ territories in the
AGENCY: Department of State. Caribbean, to enter the United States as
■ 2. The incorporation by reference in
ACTION: Interim final rule. temporary agricultural workers without
14 CFR 71.1 of FAA Order 7400.9Z,
visas. The amended rule requires that
Airspace Designations and Reporting SUMMARY: As a result of this rule, a temporary workers from these countries
Points, dated August 6, 2015, effective passport and a visa will be required of obtain H–2A visas to enter the United
September 15, 2015, is amended as a British, French, or Netherlands States.
follows: national, or of a national of Antigua,
What is the current rule?
Paragraph 6002 Class E Airspace
Barbados, Grenada, Jamaica, or Trinidad
and Tobago, who has residence in Currently, British, French, and
designated as surface areas.
British, French, or Netherlands territory Netherlands nationals and nationals of
* * * * * Antigua, Barbados, Grenada, Jamaica,
located in the adjacent islands of the
AGL SD E2 Rapid City, SD (Amended) Caribbean area, or has residence in and Trinidad and Tobago, who have
Rapid City Regional Airport, SD Antigua, Barbados, Grenada, Jamaica, or their residence in British, French, or
(Lat. 44°02′43″ N., long. 103°03′27″ W.) Trinidad and Tobago, if the alien is Netherlands territory located in the
Ellsworth AFB, SD proceeding to the United States as an adjacent islands of the Caribbean area or
(Lat. 44°08′42″ N., long. 103°06′13″ W.) agricultural worker. In light of past in Antigua, Barbados, Grenada, Jamaica,
Rapid City VORTAC experience, and to promote consistency or Trinidad and Tobago, are not
(Lat. 43°58′34″ N., long. 103°00′44″ W.) of treatment across H–2A agricultural required to obtain visas before traveling
Within a 4.4-mile radius of the Rapid City workers, prudent border management to the United States as H–2A
Regional Airport, excluding the portion north requires these temporary workers to agricultural workers.
of a line between the intersection of the obtain a visa along with most other H– What will prospective H–2A
Rapid City Regional Airport 4.4-mile radius 2A agricultural workers.
and the Ellsworth AFB 4.7-mile radius, and agricultural workers be required to do?
that airspace extending upward from the The previous rule allowing temporary The amended rule requires these
surface within 2.6 miles each side of the workers from these countries to enter prospective H–2A agricultural workers
Rapid City VORTAC 155°/335°. radials the United States without a visa to obtain a visa prior to traveling to the
extending from the 4.4-mile radius of the presented a vulnerability. Temporary United States. Any spouses or children
Rapid City Regional Airport to 7 miles workers from these countries now of these workers also will have to obtain
southeast of the VORTAC, excluding that require H–2A visas to enter the United a visa. To obtain a visa, these
airspace within the Rapid City, SD, Class D States. nonimmigrant aliens will have to be in
airspace area.
DATES: This rule is effective February possession of a valid passport, submit a
* * * * * 19, 2016. Comment period: The visa application to and appear for an
Paragraph 6004 Class E Airspace Areas Department will accept comments until interview at a U.S. embassy or
Designated as an Extension to a Class D or April 4, 2016. consulate, and undergo the
Class E Surface Area.
ADDRESSES:
Department’s visa screening process.
* * * * * • Interested parties may submit Will the amended rule ensure that
AGL SD E4 Rapid City, SD (Amended) comments at any time by any of the prospective H–2A agricultural workers
Rapid City Regional Airport, SD following methods: are properly screened prior to their
(Lat. 44°02′43″ N., long. 103°03′27″ W.) • Mail: U.S. Department of State, Visa arrival in the United States?
Rapid City VORTAC Services, Legislation and Regulations Requiring these prospective H–2A
(Lat. 43°58′34″ N., long. 103°00′44″ W.) Division, 600 19th Street NW., Room agricultural workers to obtain visas will
That airspace extending upward from the 12–526B, Washington, DC 20006 ATTN: ensure that they are sufficiently
surface within 2.6 miles each side of the Paul-Anthony L. Magadia. screened prior to arrival in the United
Rapid City VORTAC 155°/335° radials • If you have access to the Internet States. This will lessen the possibility
extending from the 4.4-mile radius of the you may submit comments by going to that persons who pose security risks to
Rapid City Regional Airport to 7 miles the United States and other potential
http://www.regulations.gov/#!home and
southeast of the VORTAC, excluding that
searching for Public Notice number immigration violators may improperly
airspace within the Rapid City, SD, Class D
airspace area. XXXX. gain admission to the United States. At
asabaliauskas on DSK5VPTVN1PROD with RULES
the same time, requiring that these
Issued in Fort Worth, Texas, on January 27, FOR FURTHER INFORMATION CONTACT: applicants appear before consular
2016. Paul-Anthony L. Magadia, U.S. officers will provide greater
Robert W. Beck, Department of State, Visa Services, opportunities to prescreen for potential
Manager, Operations Support Group, ATO Legislation and Regulations Division, employment fraud and will promote
Central Service Center. Washington, DC 20006, (202) 485–7641, compliance with Department of
[FR Doc. 2016–02037 Filed 2–3–16; 8:45 am] Email: magadiapl@state.gov. Homeland Security (DHS) and
BILLING CODE 4910–13–P SUPPLEMENTARY INFORMATION: Department of Labor (DOL) H–2A rules.
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![5908 Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 / Rules and Regulations
Paperwork Reduction Act DEPARTMENT OF THE TREASURY 1(b)(4)(viii)(c)(2) requires a partnership
to assign its income to activities and
This rule does not impose any new Internal Revenue Service provides for the grouping of a
information collections subject to the partnership’s activities into one or more
Paperwork Reduction Act, 44 U.S.C., 26 CFR Part 1 CFTE categories based generally on
Chapter 35. The Department anticipates whether net income from the activities
between 100 and 4,100 additional [TD 9748]
is allocated to partners in the same
nonimmigrant visa applicants per year RIN 1545–BM57 sharing ratios. Section 1.704–
as a result of this rulemaking. The 1(b)(4)(viii)(c)(3) provides rules for
current burden for this information Allocation of Creditable Foreign Taxes determining the partnership’s net
collection (OMB Control No. 1405– income (for U.S. federal income tax
AGENCY: Internal Revenue Service (IRS),
0182) is 13,875,345 hours, with purposes) in a CFTE category, including
Treasury.
11,100,276 respondents. The burden per rules for allocating and apportioning
response is 75 minutes. The top ACTION: Final and temporary
regulations. expenses, losses, and other deductions
estimate for the number of additional to gross income. Section 1.704–
respondents would add approximately SUMMARY: This document contains 1(b)(4)(viii)(d) assigns CFTEs to the
5,000 hours to a burden that is almost temporary regulations that provide CFTE category that includes the related
14 million hours. Therefore, the guidance relating to the allocation by a income under the principles of § 1.904–
addition of these respondents does not partnership of creditable foreign tax 6, with certain modifications. In order to
significantly increase the burden expenditures. These temporary satisfy the safe harbor, partnership
associated with this information regulations are necessary to improve the allocations of CFTEs in a CFTE category
collection. operation of an existing safe harbor rule must be in proportion to the allocations
List of Subjects in 22 CFR Part 41 that is used for determining whether of the partnership’s net income in the
allocations of creditable foreign tax CFTE category.
Aliens, Foreign officials, Immigration, expenditures are deemed to be in I. Effect of Section 743(b) Adjustments
Nonimmigrants, Passports and visas. accordance with the partners’ interests
in the partnership. The text of these Section 1.704–1(b)(4)(viii)(c)(3)(i) of
For the reasons stated in the the current final regulations provides
preamble, the Department of State is temporary regulations also serves as the
text of the proposed regulations set forth that a partnership determines its net
amending 22 CFR part 41 to read as income in a CFTE category by taking
follows: in the notice of proposed rulemaking
(REG–100861–15) published in the into account all partnership items
Proposed Rules section in this issue of attributable to the relevant activity or
PART 41—[AMENDED]
group of activities, including items of
the Federal Register. These regulations
gross income, gain, loss, deduction, and
■ 1. The authority citation for part 41 is affect partnerships that pay or accrue
expense, and items allocated pursuant
revised to read as follows: foreign income taxes, and their partners.
to section 704(c). The current final
Authority: 22 U.S.C. 2651a; 8 U.S.C. 1104; DATES: Effective Date: These regulations regulations do not state whether an
Pub. L. 105–277, 112 Stat. 2681–795 through are effective on February 4, 2016. adjustment under section 743(b) is taken
2681–801; 8 U.S.C. 1185 note (section 7209 Applicability Dates: For dates of into account in computing the
of Pub. L. 108–458, as amended by section applicability, see §§ 1.704– partnership’s net income in a CFTE
546 of Pub. L. 109–295). 1T(b)(1)(ii)(b)(1) and (b)(1)(ii)(b)(3)(B). category.
■ 2. Amend § 41.2 as follows: FOR FURTHER INFORMATION CONTACT: In the case of a transfer of a
Suzanne M. Walsh, (202) 317–4908 (not partnership interest that results in an
■ a. Remove paragraph (e).
a toll-free call). adjustment under section 743(b)
■ b. Redesignate paragraphs (f) through
SUPPLEMENTARY INFORMATION: (because the partnership has a section
(m) as paragraphs (e) through (l). 754 election in effect, or because there
■ c. Revise redesignated paragraph Background and Explanation of is a substantial built-in loss (as defined
(e)(2)(iv). Provisions in section 743(d)) in the partnership),
The revisions read as follows: Allocations of creditable foreign tax the partnership must adjust the basis of
expenditures (‘‘CFTEs’’) do not have partnership property with respect to the
§ 41.2 Exemption or waiver by Secretary of substantial economic effect, and transferee partner only (a section 743(b)
State and Secretary of Homeland Security
accordingly a CFTE must be allocated in adjustment). No adjustment is made to
of passport and/or visa requirements for
certain categories of nonimmigrants. accordance with the partners’ interests the common basis of partnership
in the partnership. See § 1.704– property, and the section 743(b)
* * * * * 1(b)(4)(viii). Section 1.704–1(b)(4)(viii) adjustment has no effect on the
(e) * * * provides a safe harbor under which partnership’s computation of any item
(2) * * * CFTE allocations are deemed to be in under section 703. § 1.743–1(j)(1).
(iv) Presents a current certificate accordance with the partners’ interests The Treasury Department and the IRS
issued by the Royal Virgin Islands in the partnership. In general, the believe that a transferee partner’s
Police Force indicating that he or she purpose of the safe harbor is to match section 743(b) adjustment with respect
has no criminal record. allocations of CFTEs with the income to to its interest in a partnership should
asabaliauskas on DSK5VPTVN1PROD with RULES
* * * * * which the CFTEs relate. not be taken into account in computing
In order to apply the safe harbor, a such partnership’s net income in a
Dated: January 22, 2016. partnership must (1) determine the CFTE category because the basis
David T. Donahue, partnership’s ‘‘CFTE categories,’’ (2) adjustment is unique to the transferee
Acting Assistant Secretary for Consular determine the partnership’s net income partner and because the basis
Affairs, Department of State. in each CFTE category, and (3) allocate adjustment ordinarily would not be
[FR Doc. 2016–02191 Filed 2–3–16; 8:45 am] the partnership’s CFTEs to each taken into account by a foreign
BILLING CODE 4710–06–P category. Section 1.704– jurisdiction in computing its foreign
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Document Created: 2016-02-04 00:31:04
Document Modified: 2016-02-04 00:31:04
| 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 | Interim final rule. | |
| Dates | This rule is effective February 19, 2016. Comment period: The Department will accept comments until April 4, 2016. | |
| Contact | Paul-Anthony L. Magadia, U.S. Department of State, Visa Services, Legislation and Regulations Division, Washington, DC 20006, (202) 485-7641, Email: [email protected] | |
| FR Citation | 81 FR 5906 | |
| RIN Number | 1400-AD17 | |
| CFR Associated | Aliens; Foreign Officials; Immigration; Nonimmigrants and Passports and Visas |
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