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Rule

Visas: Documentation of Nonimmigrants-Visa Classification; T Visa Class

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AGENCY:

State Department.

ACTION:

Final rule.

SUMMARY:

This rule is being promulgated to add a new visa classification symbol to the nonimmigrant classification table in our regulations. This amendment is necessary to implement legislation that created an additional nonimmigrant classification as described herein.

DATES:

This rule is effective November 18, 2013.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street NW., Room L-603D, Washington, DC 20520-0106, (202) 663-1260.

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SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

Section 1221 of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113-4) amended Section 101(a)(15)(T)(ii)(III) of the Immigration and Nationality Act by adding a derivative “T” visa class. The T-6 visa would be available to eligible adult and minor children of a derivative beneficiary of a T-1 principal alien whom the Secretary of Homeland Security, in consultation with the law enforcement officer investigating a severe form of trafficking, determines faces a present danger of retaliation as a result of the alien's escape from trafficking or cooperation with law enforcement to accompany or follow to join the principal alien. This rule amends 22 CFR 41.12 to include the T-6 visa classification in the chart of nonimmigrant visa classification symbols.

Regulatory Findings

Administrative Procedure Act

This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rulemaking procedures set forth at 5 U.S.C. 553.

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, it is exempt from the regulatory flexibility analysis requirements set forth by the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with 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, since it involves creating a nonimmigrant visa category for certain victims of trafficking.

Unfunded Mandates Reform Act of 1995

Section 202 of 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 will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by 5 U.S.C. 804. The Department is aware of no monetary effect on the economy that would result from this rulemaking, nor will there be any increase in costs or prices; or any effect 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 Order 12866

The Department of State has reviewed 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 regulation, i.e., complying with a Congressional mandate and providing a nonimmigrant visa category for certain victims of trafficking, outweigh any cost. The Department does not consider this rule to be a significant rulemaking action.

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. The rule will not have federalism implications warranting the application of Executive Orders 12372 and 13132.

Executive Order 12988: Civil Justice Reform

The Department has reviewed the regulation 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 13563: Improving Regulation and Regulatory Review

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.

Paperwork Reduction Act

This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C. Chapter 35 beyond what is already required of other nonimmigrant visa applicants.

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List of Subjects in 22 CFR Part 41

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For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 to read as follows:

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PART 41—VISAS: DOCUMENTATION OF NONIMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED

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1. The authority citation for Part 41 continues to read as follows:

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Authority: 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).

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2. Section 41.12 is revised to read as follows:

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Classification symbols.

A visa issued to a nonimmigrant alien within one of the classes described in this section shall bear an appropriate visa symbol to show the classification of the alien. The symbol shall be inserted in the space provided on the visa. The following visa symbols shall be used:Start Printed Page 68993

SymbolClassSection of law
A1Ambassador, Public Minister, Career Diplomat or Consular Officer, or Immediate Family101(a)(15)(A)(i).
A2Other Foreign Government Official or Employee, or Immediate Family101(a)(15)(A)(ii).
A3Attendant, Servant, or Personal Employee of A1 or A2, or Immediate Family101(a)(15)(A)(iii).
B1Temporary Visitor for Business101(a)(15)(B).
B2Temporary Visitor for Pleasure101(a)(15)(B).
B1/B2Temporary Visitor for Business & Pleasure101(a)(15)(B).
C1Alien in Transit101(a)(15)(C).
C1/DCombined Transit and Crewmember Visa101(a)(15)(C) and (D).
C2Alien in Transit to United Nations Headquarters District Under Sec. 11.(3), (4), or (5) of the Headquarters Agreement101(a)(15)(C).
C3Foreign Government Official, Immediate Family, Attendant, Servant or Personal Employee, in Transit212(d)(8).
DCrewmember (Sea or Air)101(a)(15)(D).
E1Treaty Trader, Spouse or Child101(a)(15)(E)(i).
E2Treaty Investor, Spouse or Child101(a)(15)(E)(ii).
E3Australian Treaty Alien coming to the United States Solely to Perform Services in a Specialty Occupation101(a)(15)(E)(iii).
E3DSpouse or Child of E3101(a)(15)(E)(iii).
E3RReturning E3101(a)(15)(E)(iii).
F1Student in an academic or language training program101(a)(15)(F)(i).
F2Spouse or Child of F1101(a)(15)(F)(ii).
F3Canadian or Mexican national commuter student in an academic or language training program101(a)(15)(F)(iii).
G1Principal Resident Representative of Recognized Foreign Government to International Organization, Staff, or Immediate Family101(a)(15)(G)(i).
G2Other Representative of Recognized Foreign Member Government to International Organization, or Immediate Family101(a)(15)(G)(ii).
G3Representative of Nonrecognized or Nonmember Foreign Government to International Organization, or Immediate Family101(a)(15)(G)(iii).
G4International Organization Officer or Employee, or Immediate Family101(a)(15)(G)(iv).
G5Attendant, Servant, or Personal Employee of G1 through G4, or Immediate Family101(a)(15)(G)(v).
H1BAlien in a Specialty Occupation (Profession)101(a)(15)(H)(i)(b).
H1B1Chilean or Singaporean National to Work in a Specialty Occupation101(a)(15)(H)(i)(b1).
H1CNurse in health professional shortage area101(a)(15)(H)(i)(c).
H2ATemporary Worker Performing Agricultural Services Unavailable in the United States101(a)(15)(H)(ii)(a).
H2BTemporary Worker Performing Other Services Unavailable in the United States101(a)(15)(H)(ii)(b).
H3Trainee101(a)(15)(H)(iii).
H4Spouse or Child of Alien Classified H1B/B1/C, H2A/B/R, or H-3101(a)(15)(H)(iv).
IRepresentative of Foreign Information Media, Spouse and Child101(a)(15)(I).
J1Exchange Visitor101(a)(15)(J).
J2Spouse or Child of J1101(a)(15)(J).
K1Fiance(e) of United States Citizen101(a)(15)(K)(i).
K2Child of Fiance(e) of U.S. Citizen101(a)(15)(K)(iii).
K3Spouse of U.S. citizen awaiting availability of immigrant visa101(a)(15)(K)(ii).
K4Child of K3101(a)(15)(K)(iii).
L1Intracompany Transferee (Executive, Managerial, and Specialized Knowledge Personnel Continuing Employment with International Firm or Corporation)101(a)(15)(L).
L2Spouse or Child of Intracompany Transferee101(a)(15)(L).
M1Vocational Student or Other Nonacademic Student101(a)(15)(M)(i).
M2Spouse or Child of M1101(a)(15)(M)(ii).
M3Canadian or Mexican national commuter student (Vocational student or other nonacademic student)101(a)(15)(M)(iii).
N8Parent of an Alien Classified SK3 or SN3101(a)(15)(N)(i).
N9Child of N8 or of SK1, SK2, SK4, SN1, SN2 or SN4101(a)(15)(N)(ii).
NATO 1Principal Permanent Representative of Member State to NATO (including any of its Subsidiary Bodies) Resident in the U.S. and Resident Members of Official Staff; Secretary General, Assistant Secretaries General, and Executive Secretary of NATO; Other Permanent NATO Officials of Similar Rank, or Immediate FamilyArt. 12, 5 UST 1094; Art. 20, 5 UST 1098.
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NATO 2Other Representative of member state to NATO (including any of its Subsidiary Bodies) including Representatives, Advisers, and Technical Experts of Delegations, or Immediate Family; Dependents of Member of a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement or in Accordance with the provisions of the “Protocol on the Status of International Military Headquarters”; Members of Such a Force if Issued VisasArt. 13, 5 UST 1094; Art. 1, 4 UST 1794; Art. 3, 4 UST 1796.
NATO 3Official Clerical Staff Accompanying Representative of Member State to NATO (including any of its Subsidiary Bodies), or Immediate FamilyArt. 14, 5 UST 1096.
NATO 4Official of NATO (Other Than Those Classifiable as NATO1), or Immediate FamilyArt. 18, 5 UST 1098.
NATO 5Experts, Other Than NATO Officials Classifiable Under NATO4, Employed in Missions on Behalf of NATO, and their DependentsArt. 21, 5 UST 1100.
NATO 6Member of a Civilian Component Accompanying a Force Entering in Accordance with the Provisions of the NATO Status-of-Forces Agreement; Member of a Civilian Component Attached to or Employed by an Allied Headquarters Under the “Protocol on the Status of International Military Headquarters” Set Up Pursuant to the North Atlantic Treaty; and their DependentsArt. 1, 4 UST 1794; Art. 3, 5 UST 877.
NATO 7Attendant, Servant, or Personal Employee of NATO1, NATO2, NATO 3, NATO4, NATO5, and NATO6 Classes, or Immediate FamilyArts. 12-20, 5 UST 1094-1098.
O1Alien with Extraordinary Ability in Sciences, Arts, Education, Business or Athletics101(a)(15)(O)(i).
O2Alien Accompanying and Assisting in the Artistic or Athletic Performance by O1101(a)(15)(O)(ii).
O3Spouse or Child of O1 or O2101(a)(15)(O)(iii).
P1Internationally Recognized Athlete or Member of Internationally Recognized Entertainment Group101(a)(15)(P)(i).
P2Artist or Entertainer in a Reciprocal Exchange Program101(a)(15)(P)(ii).
P3Artist or Entertainer in a Culturally Unique Program101(a)(15)(P)(iii).
P4Spouse or Child of P1, P2, or P3101(a)(15)(P)(iv).
Q1Participant in an International Cultural Exchange Program101(a)(15)(Q)(i).
Q2Irish Peace Program Participant101(a)(15)(Q)(ii)(I).
Q3Spouse or Child of Q2101(a)(15)(Q)(ii)(II).
R1Alien in a Religious Occupation101(a)(15)(R).
R2Spouse or Child of R1101(a)(15)(R).
S5Certain Aliens Supplying Critical Information Relating to a Criminal Organization or Enterprise101(a)(15)(S)(i).
S6Certain Aliens Supplying Critical Information Relating to Terrorism101(a)(15)(S)(ii).
S7Qualified Family Member of S5 or S6101(a)(15)(S).
T1Victim of a severe form of trafficking in persons101(a)(15)(T)(i).
T2Spouse of T1101(a)(15)(T)(ii).
T3Child of T1101(a)(15)(T)(ii).
T4Parent of a T1 under 21 years of age101(a)(15)(T)(ii).
T5Unmarried Sibling under age 18 of T1 under 21 years of age101(a)(15)(T)(ii).
T6Adult or Minor Child of a Derivative Beneficiary of a T1101(a)(15)(T)(ii).
TNNAFTA Professional214(e)(2).
TDSpouse or Child of a NAFTA Professional214(e)(2).
U1Victim of criminal activity101(a)(15)(U)(i).
U2Spouse of U1101(a)(15)(U)(ii).
U3Child of U1101(a)(15)(U)(ii).
U4Parent of U1 under 21 years of age101(a)(15)(U)(ii).
U5Unmarried Sibling under age 18 of U1 under 21 years of age101(a)(15)(U)(ii).
V1Spouse of a Lawful Permanent Resident Alien Awaiting Availability of Immigrant Visa101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
V2Child of a Lawful Permanent Resident Alien Awaiting Availability Of Immigrant Visa101(a)(15)(V)(i) or 101(a)(15)(V)(ii).
V3Child of a V1 or V2203(d) & 101(a)(15)(V)(i) or 101 (a)(15)(V)(ii).
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Start Printed Page 68995

Dated: August 20, 2013.

Janice L. Jacobs,

Assistant Secretary for Consular Affairs, Department of State.

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[FR Doc. 2013-27303 Filed 11-15-13; 8:45 am]

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