[Federal Register: June 18, 2001 (Volume 66, Number 117)]
[Rules and Regulations]
[Page 32740-32743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn01-14]
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DEPARTMENT OF STATE
Bureau of Consular Affairs
22 CFR Parts 41 and 42
[Public Notice 3654]
Visas: Documentation of Immigrants and Nonimmigrants--Visa
Classification Symbols
AGENCY: Bureau of Consular Affairs, Department of State.
ACTION: Final rule.
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SUMMARY: The Department is amending its regulations to add new
immigrant and nonimmigrant symbols to the classification tables. The
amendments are necessary to implement recently enacted legislation. The
legislation created a new immigrant category for certain international
broadcasters (BC1, BC2, and BC3) and new nonimmigrant categories for
victims of trafficking for illicit sexual purposes and slavery (T1 and
T2), aliens who have suffered abuse such as battering and other forms
of violence (U1 and U2), spouses and children of lawful permanent
residents for whom petitions were filed before December 21, 2000 and
who have been waiting for an immigrant visa for three years or more
(V1, V2, and V3), and spouses of U.S. citizens (K3) and children of the
K3 (K4) who are awaiting the issuance of an immigrant visa (K3, K4).
This rule removes the immigrant classification for diversity transition
natives (AA1, AA2 and AA3). This program ended September 30, 1995. The
Department is also taking this opportunity to amend the classification
symbols for retired NATO-6 employees, their spouses and their unmarried
sons and daughters. In the Department's publication on April 19, 2000
[65 FR 20903], the Department erroneously classified these aliens as SK
special immigrants. These aliens should be classified as SN1, SN2, SN3
and SN4.
DATES: This rule takes effect on June 18, 2001.
FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and
Regulations Division, Visa Services, Department of State, Washington,
DC 20520-0106, (202) 663-1204.
SUPPLEMENTARY INFORMATION:
What Legislation Created These New Visa Categories?
Pub. L. 106-386, The Victims of Trafficking and Violence Protection Act
of 2000 (VTVPA)
The VTVPA is actually two separate laws, the ``Trafficking Victims
Protection Act of 2000'' (TVPA) and the ``Violence Against Women Act of
2000'' (VAWA2).
How Does an Alien Qualify for T Visa Status Under the TVPA?
Section 107 of Division A of the TVPA created a new nonimmigrant
category under INA 101(a)(15)(T) for aliens who the Attorney General
has determined are victims of a ``severe form of trafficking in
persons.'' Section 103 of the TVPA defines a ``severe form of
trafficking in persons'' as either:
(1) sex trafficking in which a commercial sex act is induced by
force, fraud or coercion or in which the person induced to perform
such act has not attained 18 years of age, or
(2) the recruitment, harboring, transportation, provision, or
obtaining of a person for labor or services, through the use of
force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
To qualify for the ``T'' category, the person must
(1) Be physically present in the United States, American Samoa, the
Commonwealth of the Northern Mariana Islands, or a U.S. port of entry
because of such trafficking;
(2) Have complied with any reasonable request for assistance to law
enforcement in the investigation or prosecution of acts of trafficking,
or be under the age of 15; and
(3) Be likely to suffer extreme hardship involving unusual and
severe harm upon removal.
The Attorney General may, in order to avoid extreme hardship,
permit the spouse, children and parents of an alien under age 21 and
the spouse and children of an alien over age 21 to accompany or follow
to join the principal alien.
How Does an Alien Qualify for U Visa Status Under the VAWA2?
Section 1513 of Division B of the VAWA2 created a new category
under INA 101(a)(15)(U) for victims of physical or mental abuse. To
qualify under the U category the alien must file a petition with the
Attorney General and establish therein:
(1) The alien has suffered substantial physical or mental abuse as
a result of having been a victim of any one of an extensive list of 26
criminal activities,
[[Page 32741]]
including rape, torture, domestic abuse, enslavement prostitution,
etc.;
(2) As certified by a law enforcement or immigration official, the
alien (or if the alien is a child under age 16 the child's parent,
guardian or friend) possesses information about the criminal activity
involved;
(3) The alien has been, is being or is likely to be helpful in the
investigation and prosecution of the criminal activity by Federal,
state or local law enforcement authorities; and,
(4) The criminal activity violated the laws of the United States or
occurred in the United States.
If the Attorney General determines that extreme hardship exists and
a law enforcement official certifies that an investigation or
prosecution would be harmed without that person's assistance, the
spouse, child or parents of the principal alien under age 16 may
accompany or follow to join the principal alien.
The U category is limited to 10,000 principal aliens per fiscal
year.
Pub. L. 106-553, Legal Immigration Family Equity Act (LIFE ACT)
The LIFE ACT creates new nonimmigrant categories under INA
101(a)(15)(V) and adds a new category under INA 101(a)(15)(K).
An alien may be classified as a V nonimmigrant if the alien is:
(1) The spouse or child of a lawful permanent resident;
(2) Is the beneficiary of an approved petition filed under INA 204
prior to December 21, 2000; and
(3) Has been waiting for three or more years after filing the
petition for the issuance of an immigrant visa.
An alien may be granted K status if the alien:
(1) Is the spouse of a U.S. citizen petitioner or the child of such
spouse; and
(2) Is waiting for the approval of a petition or the availability
of an immigrant visa.
Pub. L. 106-536, Special Immigrant Status for Certain U.S.
Broadcasters
Pub. L. 106-536 created a new immigrant category (BC) under INA
101(a)(27)(M) for certain United States international broadcasting
employees. To qualify as a special immigrant broadcaster, the alien
must be:
(1) Seeking to enter the United States to work as a broadcaster in
the United States for the International Broadcasting Bureau of the
Broadcasting Board of Governors, or
(2) Seeking to enter the United States to work for a grantee of the
Broadcasting Board of Governors, or
(3) The accompanying spouse and child of the principal alien. The
law limits the number of aliens granted visas in this category to 100
in any fiscal year.
Why Is the Department Removing the Diversity Transition Natives?
Section 132 of Pub. L. 104-296 established a class of immigrants
(AA) to be issued immigrant visas in fiscal years 1992, 1993 and 1994.
Section 217 of Pub. L. 104-316 extended this program through September
30, 1995. The Department is removing the diversity transition natives
(AA-1, AA-2, and AA-3) since this category of immigrants no longer
exists.
How Is the Department Amending Its Regulations?
Effect on Nonimmigrant Visa Table Affected?
The rule amends the nonimmigrant visa classification table at 22
CFR 41.12 by adding new classifications: T1 and T2; U1 and U2, V1, V2
and V3, and K3 and K4.
Effect on Immigrant Visa Table Affected?
The rule amends the immigrant visa classification table at 22 CFR
42.11 by adding three new classifications: BC1, BC2 and BC3. The rule
removes the classification symbols AA1, AA2 and AA3. The rule also
corrects the classification symbols for certain retired civilian
employees of NATO and the spouses and unmarried sons and daughters and
certain retired and deceased NATO employees. These aliens were
erroneously classified as SK special immigrants and should have been
classified as SN1, SN2, SN3 and SN4.
Final Rule
Administrative Procedure Act
The Department's implementation of this regulation as a final rule
is based upon the
``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and (d)(3).
The Department decided that since the new nonimmigrant and special
immigrant categories became effective upon enactment of the respective
laws and since there is a substantial immediate benefit to many aliens,
citizens and lawful permanent residents, there is not enough time nor
sufficient reason to delay its implementation by issuing a proposed
rule with request for comments.
Regulatory Flexibility Act
The Department of State, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities.
Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by state, local and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any year and it will not significantly or uniquely
affect small governments. Therefore, no actions were deemed necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Act of 1996. 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 significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
Executive Order 12866
Although it is being promulgated in conjunction with the
Immigration and Naturalization Service, a domestic agency, the
Department of State does not consider this rule, to be a ``significant
regulatory action'' under Executive Order 12866, section 3(f),
Regulatory Planning and Review. Therefore, in accordance with the
letter to the Department of State of February 4, 1994 from the Director
of the Office of Management and Budget, it does not require review by
the Office of Management and Budget.
Executive Order 13132
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with section 6
of Executive Order 13132, it is determined that this rule does not have
sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
[[Page 32742]]
Paperwork Reduction Act
This rule does not impose any new reporting or record-keeping
requirements.
The information collection requirement (Form OF-156) contained by
reference in this rule was previously approved for use by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act.
List of Subjects in 22 CFR Part 41
Aliens, Foreign officials, Passports and visas.
PART 41--[AMENDED]
1. The authority citation for Part 41 is revised to read:
Authority: 8 U.S.C. 1104; 22 U.S.C. 2651a.
2. Amend the table in Sec. 41.12 by adding new categories K3 and
K4, T1, and T2, U-1, and U2, V1, V2 and V3, in alpha-numeric order.
3. The addition reads as follows:
Sec. 41.12 Classification symbols.
* * * * *
Nonimmigrants
------------------------------------------------------------------------
Symbol and class Section of law
------------------------------------------------------------------------
* * * *
* * *
K3 Spouse of U.S. citizen................ 101(a)(15)(K)(ii)
K4 Child of a K3......................... 101(a)(15)(K)(iii)
* * * *
* * *
T1 Victim of a severe form of trafficking 101(a)(15)(T)(i)
in persons.
T2 Spouse, child or parent of a T1....... 101(a)(15)(T)(ii)
* * * *
* * *
U1 Victim of criminal activity........... 101(a)(15)(i)(I)
U2 Spouse, child or parent of a U1....... 101(a)(15)(ii)
V1 Spouse of a Legal Permanent Resident 101(a)(15)(V)(i)
Alien.
V2 Child of a Legal Permanent Resident 101(a)(15)(V)(i)
Alien.
V3 Child of a V1 or V2................... 203(d)
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PART 42--[AMENDED]
4. The authority citation for Part 42 is revised to read as
follows:
Authority: 8 U.S.C. 1104; 2651a.
5. Amend Sec. 42.11 by adding in alpha-numeric order new categories
BC1, BC2 and BC3 under the section entitled ``Employment 4th
Preference''; by adding in alpha-numeric order new categories SN1, SN2,
SN3 and SN4, under the section entitled ``Employment 4th Preference'';
and by removing the section heading ``Diversity Transition for Natives
of Certain Adversely Affected Foreign States'' and the 3-column entries
for AA1, AA2 and AA3.
The additions read as follows:
Sec. 42.11 Classification symbols.
* * * * *
Immigrants
------------------------------------------------------------------------
Symbol and class Section of law
------------------------------------------------------------------------
* * * *
* * *
Employment 4th Preference (Certain Special Immigrants)
------------------------------------------------------------------------
BC1 Broadcaster in the U.S. employed by 101(a)(27)(M)
the International Broadcasting Bureau of
the Broadcasting Board of Governors or a
grantee of such organization.
BC2 Accompanying spouse of a BC1......... 101(a)(27)(M)
BC3 Accompanying child of a BC1.......... 101(a)(27)(M)
* * * *
* * *
SN1 Certain retired NATO6 civilians...... 101(a)(27)(L)
SN2 Spouse of an immigrant classified SN1 101(a)(27)(L)
SN3 Certain unmarried sons or daughters 101(a)(27)(L)
of NATO6 civilian employees.
SN4 Certain surviving spouses of deceased 101(a)(27)(L)
NATO-6 civilian employees.
* * * *
* * *
------------------------------------------------------------------------
[[Page 32743]]
Dated: April 10, 2001.
Mary A. Ryan,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 01-15050 Filed 6-15-01; 8:45 am]
BILLING CODE 4710-06-U
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