DOS Publishes Final Rule on Visa Classification of Immediate Family Members as G Nonimmigrants

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[Federal Register Volume 78, Number 108 (Wednesday, June 5, 2013)]
[Rules and Regulations]
[Pages 33699-33700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13315]
DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 8348]
RIN 1400-AD21

Visas: Classification of Immediate Family Members as G
Nonimmigrants

AGENCY: State Department.

ACTION: Final rule.

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SUMMARY: This rule permits qualified immediate family members of A-1 or
A-2 nonimmigrants to be independently classified as G-1, G-2, G-3, or
G-4 nonimmigrants. It also clarifies that immediate family members of
G-1, G-2, G-3, and G-4 nonimmigrants who have employment authorization
may remain in G classification upon gaining employment that would
otherwise allow them to change status to A classification. This rule is
being promulgated to allow family members of employees of bilateral
missions to work at international organizations in a visa status that
reflects their position with the international organization.

DATES: This rule is effective June 5, 2013.

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.

SUPPLEMENTARY INFORMATION:

Why is the Department promulgating this rule?

Currently, 22 CFR 41.22(b) requires that an alien entitled to
classification as an A-1 or A-2 nonimmigrant must be classified as
such, even those who are also eligible for another nonimmigrant
classification. This rule will allow an A-1 or A-2 derivative applicant
who works for an international organization to be classified as G-1, G-
2, G-3, or G-4 nonimmigrant.
Additionally, this rule amends 22 CFR 41.24(b)(4) to clarify that
an immediate family member of a principal alien classifiable G-1 or G-
2, G-3 or G-4 who has employment authorization may maintain G
classification, even if employment obtained after entry would allow
them to be classified under INA 101(a)(15)(A).
With this change, family members of diplomats assigned to the
United States will be able to accept employment with international
organizations and obtain visas that reflect their status as employees
of such organizations, rather than as diplomatic dependents. Inability
to obtain G visas has posed an impediment to the employment of some
individuals in this category.

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.

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. 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 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 outweigh any cost. The Department does not consider this
rule to be an economically significant action within the scope of
section 3(f)(1) of the Executive Order since it is not likely to have
an annual effect on the economy of $100 million or more or to adversely
affect in a material way the economy, a sector of the economy,
competition, jobs, the environment, public health or safety, or State,
local or tribal governments or communities.

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.

List of Subjects in 22 CFR Part 41

Aliens, Documentation of nonimmigrants, Foreign officials,
Immigration, Passports and Visas.

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

PART 41--[AMENDED]

0
1. The authority citation for Part 41 continues to read as follows:

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).

0
2. Section 41.22 is amended by revising paragraphs (a) and (b) to read
as follows:

Sec. 41.22 Officials of foreign governments.

(a) Criteria for classification of foreign government officials.
(1) An alien is classifiable A-1 or A-2 under INA section 101(a)(15)(A)
(i) or (ii) if the principal alien:
(i) Has been accredited by a foreign government recognized de jure
by the United States;
(ii) Intends to engage solely in official activities for that
foreign government while in the United States; and
(iii) Has been accepted by the President, the Secretary of State,
or a consular officer acting on behalf of the Secretary of State.
(2) A member of the immediate family of a principal alien is
classifiable A-1 or A-2 under INA section 101(a)(15)(A)(i) or (ii) if
the principal alien is so classified.
(b) Classification under INA section 101(a)(15)(A). An alien
entitled to classification under INA section 101(a)(15)(A) shall be
classified under this section even if eligible for another nonimmigrant
classification. An exception may be made where an immediate family
member classifiable as A-1 or A-2 under paragraph (a)(2) of this
section is also independently classifiable as a principal under INA
section 101(a)(15)(G)(i), (ii), (iii), or (iv).
* * * * *

0
3. Section 41.24 is amended by revising paragraph (b) to read as
follows:

Sec. 41.24 International organization aliens.

* * * * *
(b) Aliens coming to international organizations. (1) An alien is
classifiable under INA 101(a)(15)(G) if the consular officer is
satisfied that the alien is within one of the classes described in that
section and seeks to enter or transit the United States in pursuance of
official duties. If the purpose of the entry or transit is other than
pursuance of official duties, the alien is not classifiable under INA
section 101(a)(15)(G).
(2) An alien applying for a visa under the provisions of INA
section 101(a)(15)(G) may not be refused solely on the grounds that the
applicant is not a national of the country whose government the
applicant represents.
(3) An alien seeking to enter the United States as a foreign
government representative to an international organization, who is also
proceeding to the United States on official business as a foreign
government official within the meaning of INA section 101(a)(15)(A),
shall be issued a visa under that section, if otherwise qualified.
(4) An alien not classified under INA section 101(a)(15)(A) but
entitled to classification under INA section 101(a)(15)(G) shall be
classified under the latter section, even if also eligible for another
nonimmigrant classification. An alien classified under INA section
101(a)(15)(G) as an immediate family member of a principal alien
classifiable G-1 or G-2, G-3 or G-4, may continue to be so classified
even if he or she obtains employment subsequent to his or her initial
entry into the United States that would allow classification under INA
section 101(a)(15)(A). Such alien shall not be classified in a category
other than A or G, even if also eligible for another nonimmigrant
classification.
* * * * *

Dated: May 2, 2013.
Janice L. Jacobs,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 2013-13315 Filed 6-4-13; 8:45 am]
BILLING CODE 4710-06-P

Agency: 
Nonimmigrant Visas: