[Federal Register Volume 60, Number 133 (Wednesday, July 12, 1995)] [Rules and Regulations] [Pages 35838-35839] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-16934] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE Bureau of Consular Affairs 22 CFR Part 42 [Public Notice 2229] VISAS: Immigrant Religious Workers AGENCY: Bureau of Consular Affairs, DOS. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On October 1, 1991, the Department published an interim rule [56 FR 49675], which among other things, implemented sec. 151 of the Immigration and Nationality Act of 1990 (IMMACT 90). The interim rule, effective October 1, 1991, amended the Department of State regulations to extend special immigrant status, as defined under INA 101(a)(27)(C), to religious workers who have 2 years of membership and experience in a religious occupation or vocation. The legislation, as originally enacted, required religious workers (other than ministers) to seek entry into the United States before October 1, 1994. The interim rule invited interested persons to submit comments concerning the amendments. No comments were received. Thus, the final rule implementing the provisions of sec. 151 was published unmodified on September 16, 1993 [58 FR 48447]. On October 25, 1994, sec. 214 of the Immigration and Nationality Technical Corrections Act of 1994 amended INA 101(a)(27)(C)(ii) to extend the deadline to enter the United States to ``before October 1, 1997'', i.e., aliens entering under this category must seek to enter the United States no later than September 30, 1997. Thus, this final rule amends the previously published regulation and implements this provision. EFFECTIVE DATE: July 12, 1995. FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and Regulations Division, Visa Services, (202) 663-1206. SUPPLEMENTARY INFORMATION: Immigration Act of 1990 Sec. 151 of the Immigration Act of 1990 (IMMACT 90), Public Law 101-649, amended INA 101(a)(27)(C) by adding a new category of special immigrants who will work in a religious occupation or vocation for a religious organization in a professional or other capacity. Unlike the provision for special immigrant ministers of religion, which does not contain a sunset provision, the provisions for religious workers (as defined under INA 101(a)(27)(C)(ii) (II) and (III)), as originally enacted, required religious workers to seek to enter the United States before October 1, 1994. Immigration and Nationality Technical Corrections Act of 1994 On October 25, 1994, sec. 214 of the Immigration and Nationality Technical Corrections Act of 1994 (Pub. L. 193-416) amended INA 101(a)(27)(C)(ii) to extend the sunset date to October 1, 1997. This final rule implements sec. 214 of Pub. L. 103-416, amending part 42, title 22 of the Code of Federal Regulations, by revising 42.32(d)(1)(ii) to extend the visa validity date to no [[Page 35839]] later than September 30, 1997. This rule also makes a minor technical change to the 8 CFR reference. Final Rule This rule is not expected to have a significant impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. This rule imposes no reporting or recordkeeping action from the public requiring the approval of the Office of Management and Budget under the Paperwork Reduction Act requirements. This rule has been reviewed as required by E.O. 12778 and certified to be in compliance therewith. This rule is exempted from E.O. 12866 but has been coordinated with INS and reviewed to ensure consistency therewith. The corresponding INS regulation was published in the Federal Register on June 6, 1995 [60 FR 29751]. List of Subjects in 22 CFR Part 42 Aliens, Immigration, Passports and visas. In view of the foregoing 22 CFR Chapter I is amended as follows: PART 42--[AMENDED] 1. The authority citation for Part 42 is revised to read: Authority: 8 U.S.C. 1104. 2. Section 42.32(d)(1) is amended by revising paragraph (d)(1)(ii) to read as follows: Sec. 42.32 Employment based preference immigrants. * * * * * (d) Fourth preference--Special immigrants--(1) Religious workers. * * * (ii) Timeliness of application. An immigrant visa issued under INA 203(b)(4) to an alien described in INA 101(a)(27(C), other than a minister of religion, who qualifies as a ``religious worker'' as defined in 8 CFR 204.5, shall bear the usual validity except that in no case shall it be valid later than September 30, 1997. Dated: July 5, 1995. Mary A. Ryan, Assistant Secretary for Consular Affairs. [FR Doc. 95-16934 Filed 7-11-95; 8:45 am] BILLING CODE 4710-06-U-M