[Federal Register Volume 62, Number 98 (Wednesday, May 21, 1997)] [Rules and Regulations] [Pages 27693-27694] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-13332] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE Bureau of Consular Affairs 22 CFR Part 42 [Public Notice 2546] Visas: Documentation of Immigrants Under the Immigration and Nationality Act; Validity of Immigrant Visas AGENCY: Bureau of Consular Affairs, Department of State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: On September 30, 1996, the Immigration and Nationality Act (INA) was amended to, inter alia, grant authority to the Secretary of State to extend the period of validity of an immigrant visa to six months from the date of issuance. The Secretary of State, hereby, exercises that authority and amends the Department's regulations accordingly. DATES: This rule is effective October 1, 1997. ADDRESSES: Chief, Legislation and Regulations Division, Visa Office, Room L603-C, SA-1, Washington, D.C. 20520-0106. FOR FURTHER INFORMATION CONTACT: Stephen K. Fischel, Chief, Legislation [[Page 27694]] and Regulations Division, (202) 663-1203. SUPPLEMENTARY INFORMATION: On September 30, 1996 the President signed into law Division ``C'' of the Omnibus Consolidated Appropriations Act, 1997, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, (IIRIRA), Public Law 104-208, 110 stat. 3009. Section 631(a) amends INA 221(c) by altering the maximum period of validity of an immigrant visa from four months to six months. The Department is amending the corresponding regulation at 22 CFR 42.72(a) to extend the validity period of an immigrant visa to six months. The Department is also amending 22 CFR 42.72(e) regarding the scheduling of the immigrant visa appointment to comply. Benefit to State Department and Visa Applicants The Department has found that the four-month validity period of the immigrant visa does not always provide sufficient time for visa recipients to finalize their plans and complete necessary preparations for their permanent move to the United States. It sometimes takes longer than four months to sell homes and businesses, as well as coordinate school schedules for family members. Other unforeseen events such as medical emergencies may arise. Such unforeseen events often result in the necessity of issuing a new visa. The amendment of the regulations to extend the validity period to six months will greatly reduce the necessity of issuing new visas to visa recipients who could not gain admission to the United States during that four-month period for reasons beyond their control. It also will provide visa recipients greater flexibility in preparing for the transfer of their permanent residence. Final Rule The implementation of this rule as a final rule is based upon the ``good cause'' exceptions established by 5 U.S.C. 553(b)(B) and 553(d)(3). This rule grants or recognizes an exemption or relieves a restriction under 5 U.S.C. 553(d)(1) and is considered beneficial to the United States Government. 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 (5 U.S.C. 605(b)). This rule imposes no reporting or record-keeping 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. 12988 and certified to be in compliance therewith. This rule is exempted from E.O. 12866 but has been reviewed to ensure consistency therewith. List of Subjects in 22 CFR Part 42 Aliens, Immigrants, Passports and visas, Visa validity. In view of the foregoing, 22 CFR is amended as follows: PART 42--[AMENDED] 1. The authority citation for Part 42 continues to read: Authority: 8 U.S.C. 1104. 2. Section 42.72 is amended by revising the first sentence in paragraph (a), paragraph (e)(1), and the first two sentences of paragraph (e)(4) to read as follows: Sec. 42.72 Validity of visas. (a) Period of validity. With the exception indicated herein, the period of validity of an immigrant visa shall not exceed six months, beginning with the date of issuance. * * * * * * * * (e) Aliens entitled to the benefits of sections 154 (a) and (b) of Pub. L. 101-649. (1) Notwithstanding the provisions of paragraphs (a) through (d) of this section, the period of validity of an immigrant visa issued to an immigrant described in paragraph (e)(2) of this section may, at the request of the applicant, be extended until January 1, 2002, if the applicant so requests either at the time of issuance of the visa or within six months thereafter. If an applicant entitled to issuance of an immigrant visa having an extended period of validity fails to request extended validity at the time of issuance but subsequently, within six months thereafter, requests that the validity be extended pursuant to this paragraph, the consular officer shall issue a replacement visa to the alien in accordance with the provisions of Sec. 42.74(b). * * * * * (4) An alien who has elected to have the period of validity of his or her visa extended pursuant to paragraph (e)(1) of this section shall, if his or her contemplated date of application for admission into the United States is no later than six months following the date of visa issuance, notify the appropriate consular officer of his or her intention to travel to the United States for this purpose. The consular officer shall thereupon schedule an appointment with such alien for the purpose of determining whether or not the alien remains admissible into the United States as an immigrant. Such appointment shall be scheduled not sooner than six months preceding the alien's contemplated date of application for admission for permanent residence. * * * * * * * * Dated: April 30, 1997. Mary A. Ryan, Assistant Secretary for Consular Affairs. [FR Doc. 97-13332 Filed 5-20-97; 8:45 am] BILLING CODE 4710-06-P