Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act; Validity of Visa

Published date07 October 2021
Citation86 FR 55692
Record Number2021-21249
SectionRules and Regulations
CourtState Department
55692
Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
1
22 U.S.C. 6501.
2
67 FR 17613 (April 11, 2002).
3
To be eligible to seek admission based on
automatic extension of nonimmigrant visa validity,
the applicant must have maintained and intend to
resume nonimmigrant status; be applying for
readmission within the authorized period of initial
admission or extension of stay; not require
authorization for admission under section 212(d)(3)
of the Immigration and Nationality Act, 8 U.S.C.
1182(d)(3); not have applied for a new visa while
abroad; and not be a national of a country identified
as supporting terrorism in the Department’s annual
Patterns of Global Terrorism report.
PART 239—FORMS PRESCRIBED
UNDER THE SECURITIES ACT OF 1933
3. The general authority citation for
part 239 continues to read as follows:
Authority: 15 U.S.C. 77c, 77f, 77g, 77h, 77j,
77s, 77z–2, 77z–3, 77sss, 78c, 78l, 78m,78n,
78o(d), 78o–7 note, 78u–5, 78w(a), 78ll,
78mm, 80a–2(a), 80a–3, 80a–8, 80a–9, 80a–
10, 80a–13, 80a–24, 80a–26, 80a–29, 80a–30,
and 80a–37; and sec. 107, Pub. L. 112–106,
126 Stat. 312, unless otherwise noted.
* * * * *
4. Form ID (referenced in §§ 239.63,
249.446, 269.7, and 274.402) is
amended by revising the page titled
‘‘General Instructions’’ to read as
follows:
Note: The text of Form ID does not, and the
amendments will not, appear in the Code of
Federal Regulations.
Form ID
Uniform Application for Access Codes
to File on EDGAR
* * * * *
General Instructions
* * * * *
Privacy Act Statement
Authorities: The information is sought
pursuant to 15 U.S.C. 77a et seq., 15
U.S.C. 77aaa et seq., 78a et seq., 80a–1
et seq., and 17 CFR 232.10.
Purpose: The information solicited on
this form will be used to determine
whether to allow applicants to make
filings on EDGAR, and, where access is
granted, to establish and maintain the
filer’s EDGAR account.
Routine Uses: Uses for the
information collected can be found in
the System of Records Notice SEC–33:
General Information Technology
Records. See https://www.sec.gov/
about/privacy/sorn/sec-33_sec_general_
information_technology_records.pdf.
Disclosure: Providing this information
is voluntary. Failure to provide the
information requested on this form,
however, may affect the determination
whether to allow applicants to make
filings on EDGAR.
Please note that information
submitted on Form ID may become
public.
* * * * *
By the Commission.
Dated: September 20, 2021.
Vanessa A. Countryman,
Secretary.
[FR Doc. 2021–21915 Filed 10–6–21; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 11458]
RIN 1400–AE82
Visas: Documentation of
Nonimmigrants Under the Immigration
and Nationality Act; Validity of Visa
AGENCY
: Department of State.
ACTION
: Final rule.
SUMMARY
: This final rule replaces an
outdated form name and number with a
revised form name and number used for
processing exchange visitor visas and
updates the agency responsible for
maintaining the form.
DATES
: This final rule is effective
November 8, 2021.
FOR FURTHER INFORMATION CONTACT
:
Andrea B. Lage, Acting Regulatory
Coordinator, U.S. Department of State,
Bureau of Consular Affairs, Visa
Services, 600 19th Street NW,
Washington, DC 20522, 202–485–7586,
VisaRegs@state.gov.
SUPPLEMENTARY INFORMATION
: This rule
makes a technical update to replace an
outdated reference to Form IAP–66,
Certificate of Eligibility for Exchange
Visitor Status, with the updated name of
Form DS–2019, Certificate of Eligibility
for Exchange Visitor Status (J–
NONIMMIGRANT) (hereinafter, Form
DS–2019), which the Department of
State has maintained since 2001.
Effective October 1, 1999, in
accordance with sections 301 and 312 of
the Foreign Affairs Reform and
Restructuring Act of 1998, as amended,
1
the United States Information Agency,
which administered the Exchange
Visitor Program, was abolished and its
functions were transferred to the
Department of State. Following the
transfer, the Department of State’s
Bureau of Educational and Cultural
Affairs (ECA) assumed responsibility for
the Exchange Visitor Program. On
October 11, 2001, the Office of
Management and Budget approved
ECA’s request to replace the Form IAP–
66 with Form DS–2019. Then, on April
11, 2002, ECA published an interim
final rule that replaced the outdated
Form IAP–66 with the new Form DS–
2019 in several sections of 22 CFR part
62,
2
but no corresponding changes were
made in 22 CFR part 41 at the time.
Exchange Visitor Program sponsors
issue Forms DS–2019 to prospective
exchange visitors. The Form DS–2019
identifies the exchange visitor and his
or her designated sponsor, and provides
a brief description of the exchange
visitor’s program, including the start
and end date, category of exchange, and
an estimate of the cost of the exchange
program. The prospective exchange
visitor must provide a properly
executed Form DS–2019 to a consular
officer to be issued a J–1 nonimmigrant
visa. See 22 CFR 41.62(a)(1). After being
admitted to the United States, a
responsible officer extending the
program of an exchange visitor is
required to provide the exchange visitor
a duly executed Form DS–2019
reflecting the extension and provide a
notification copy of such form to the
Department of State. 22 CFR 62.43(b).
By amending 22 CFR 41.112, this rule
will update the Department’s
regulations governing the process
through which the validity of an expired
nonimmigrant visa may be
automatically extended to the date of
application for readmission under
certain circumstances. Certain exchange
visitors may apply with DHS for
readmission after an absence of 30 days
or less solely in a contiguous territory or
adjacent islands other than Cuba by
presenting a current Form DS–2019 and
a valid passport.
3
22 CFR
41.112(d)(2)(ii). Additionally, in cases
where DHS has changed the original
nonimmigrant classification to another
nonimmigrant classification, the
validity of the expired or unexpired
nonimmigrant visa may be considered
to be automatically extended to the date
of application for admission, and the
visa may be converted as necessary to
that changed classification. 22 CFR
41.112(d)(1)(ii).
Regulatory Findings
Administrative Procedure Act
This rule constitutes a rule of policy
and procedure, and as a result, it is
exempt from notice and comment under
5 U.S.C. 553(b)(3)(A).
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(b), it is exempt from the
regulatory flexibility analysis
requirements set forth by the Regulatory
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55693
Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
Flexibility Act (5 U.S.C. 601 et seq.).
Nonetheless, the Department of State
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, 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 does not require the
Department of State to prepare a
statement because it will not result in
any such expenditure, nor will it
significantly or uniquely affect small
governments. This rule involves visas,
which involves foreign individuals, and
does not directly or substantially affect
state, local, or tribal governments, or
businesses.
Congressional Review Act
This rule is not a major rule as
defined in 5 U.S.C. 804. 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
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of United
States-based companies to compete with
foreign-based companies in domestic
and import markets.
Executive Orders 12866 and 13563
Executive Orders 13563 and 12866
direct agencies to assess costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributed impacts, and equity).
These Executive Orders stress the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Department of State has
examined this rule in light of Executive
Order 13563, and has determined that
the rulemaking is consistent with the
guidance therein. The Department of
State has reviewed this rulemaking to
ensure its consistency with the
regulatory philosophy and principles set
forth in Executive Order 12866. There
are no anticipated direct costs to the
public associated with this rule.
Executive Orders 12372 and 13132:
Federalism
This regulation will not have
substantial direct effect 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 12988: Civil Justice
Reform
The Department of State has reviewed
the rule 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.
Executive Order 13175—Consultation
and Coordination With Indian Tribal
Governments
The Department of State 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
Section 5 of Executive Order 13175 do
not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose any new
reporting or record-keeping
requirements subject to the Paperwork
Reduction Act, 44 U.S.C. Chapter 35.
The Form DS–2019, Certificate of
Eligibility for Exchange Visitor Status
(J–NONIMMIGRANT), is approved
under the PRA (OMB Control No. 1405–
0119).
List of Subjects in 22 CFR Part 41
Aliens, Cultural Exchange Program,
Nonimmigrant, Visas.
Accordingly, for the reasons set forth
in the preamble, 22 CFR Ppart 41 is
amended to read as follows:
PART 41—VISAS: DOCUMENTATION
OF NONIMMIGRANTS UNDER THE
IMMIGRATION AND NATIONALITY
ACT, AS AMENDED
1. The authority citation for part 41
continues to read as follows:
Authority: 8 U.S.C. 1101; 1102; 1104; 1182;
1184; 1185 note (section 7209 of Pub. L. 108–
458, as amended by section 546 of Pub. L.
109–295); 1323; 1361; 2651a.
2. In § 41.112, revise paragraph
(d)(2)(i) to read as follows:
§ 41.112 Validity of visa.
* * * * *
(d) * * *
(2) * * *
(i) Is in possession of a Form I–94,
Arrival-Departure Record, endorsed by
DHS to show an unexpired period of
initial admission or extension of stay,
provided that in the case of a qualified
F student or the accompanying spouse
or child of such student, is in
possession of a current Form I–20,
Certificate of Eligibility for
Nonimmigrant Student Status, issued by
the school that the student has been
authorized to attend by DHS and
endorsed by the issuing school official
to indicate the period of initial
admission or extension of stay
authorized by DHS, and provided that
in the case of a qualified J exchange
visitor or the accompanying spouse or
child of such exchange visitor, is in
possession of a current Form DS–2019,
Certificate of Eligibility for Exchange
Visitor Status (J–NONIMMIGRANT),
issued and endorsed by the Department
of State-designated sponsor of the
exchange program, to indicate the
period of initial admission authorized
by DHS or the extension of stay
authorized by the Department of State;
* * * * *
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, Department of State.
[FR Doc. 2021–21249 Filed 10–6–21; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 247, 880, 882, 884, 966
[Docket No. FR–6286–I–01]
RIN 2501–AD99
Extension of Time and Required
Disclosures for Notification of
Nonpayment of Rent
AGENCY
: Office of the Assistant
Secretary of Public and Indian Housing,
and Office of the Assistant Secretary for
Housing-Federal Housing
Commissioner, Department of Housing
and Urban Development (HUD).
ACTION
: Interim final rule.
SUMMARY
: This interim final rule applies
when, during emergencies such the
current COVID–19 pandemic, Federal
funding is available to assist tenants
with nonpayment of rent and tenants
facing eviction for nonpayment of rent
in public housing and properties with
project-based rental assistance (PBRA)
(for purposes of this rule, PBRA
includes projects in the following
programs: Section 8, Section 8 Moderate
Rehabilitation, Section 202/162 Project
Assistance Contract, Section 202 Project
Rental Assistance Contract (PRAC),
Section 811 PRAC, Section 236 Rental
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