Broadening Consular Authority for Provisional and Discretionary Visa Revocation

Policy effect

Amends 22 CFR Parts 41 and 42 to expand the authority of consular officers and designated State Department officials to revoke nonimmigrant and immigrant visas at any time in their discretion, and establishes authority for provisional revocation of a visa while considering final revocation. Phase scope: Immediate worldwide implementation at all consular posts and entry points effective April 27, 2011.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

… ities & n.1. regulations to broaden the authority of VerDate Mar<15>2010 15:29 Apr 26, 2011 Jkt 223001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 [official-source production path omitted] 27APR1 23478 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations a consular officer to revoke a visa at any making procedures set forth at 5 U.S.C. the regulatory philosophy and time subsequent to issuance of the visa, 553. principles set forth in Executive Order in his or her discretion. These changes 12866 and has determined that the Regulatory Flexibility Act/Executive to the Department’s revocatio … n benefits of the proposed regulation Order 13272: Small Business. regulations expand consular officer visa justify its costs. The Department does revocation authority to the full extent Because this final rule is exempt from not consider the rule to be an allowed by statute. Additionally, this notice and comment rulemaking under economically significant action within rule change allows consular officers and 5 U.S.C. 553, it is exempt from the the scope of section 3(f)(1) of the designated officials within the regulatory flexibility analysis Executive Order since it is not likely to Department … to revoke a visa requirements set forth at sections 603 and 604 of the Regulatory Flexibility have an annual effect on the economy provisionally while considering a final of $100 million or more or to adversely visa revocation. Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the affect in a material way the economy, a DATES: This rule is effective April 27, sector of the economy, competition, 2011. Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that jobs, the environment, public health or FOR FURTHER INFORMATION CONTACT: this rule will not ha … inst the alien; issued that the visa was revoked or § 41.122 Revocation of visas. (5) The alien has been permitted by provisionally revoked. Regardless of (a) Grounds for revocation by consular DHS to depart voluntarily from the delivery of such notice, once the officers. A consular officer, the United States; revocation has been entered into the Secretary, or a Department official to (6) DHS has revoked a waiver of Department’s Consular Lookout and whom the Secretary has delegated this inadmissibility granted pursuant to INA Support System (CLASS), the visa is no authority is authorized to re … voke a 212(d)(3)(A) in relation to the visa that longer to be considered valid for travel nonimmigrant visa at any time, in his or was issued to the alien; to the United States. The date of the her discretion. (7) The visa is presented in revocation shall be indicated in CLASS (b) Provisional revocation. A consular connection with an application for and on any notice sent to the alien to officer, the Secretary, or any Department admission to the United States by a whom the visa was issued. official to whom the Secretary has person other than the alien to whom the (d) Procedure for physically c … anceling delegated this authority may visa was issued; visas. An immigrant visa that is revoked provisionally revoke a nonimmigrant (8) The visa has been physically shall be canceled by writing or stamping visa while considering information removed from the passport in which it the word ‘‘REVOKED’’ plainly across the related to whether a visa holder is was issued; or face of the visa, if the visa is available eligible for the visa. Provisional (9) The visa has been issued in a to the consular officer. The failure or revocation shall have the same force and combined Mexican or Canadian B–1/B– i … 2.82 is revised to read as officer. An immigration officer is follows: SUMMARY: This interim final rule authorized to revoke a valid visa by implements Section 702 of the Ike WReier-Aviles on DSKGBLS3C1PROD with RULES physically canceling it in accordance § 42.82 Revocation of visas. Skelton National Defense Authorization with the procedure described in (a) Grounds for revocation by consular Act for Fiscal Year 2011 (NDAA for paragraph (d) of this section if: officers. A consular officer, the FY11). It establishes the TRICARE (1) The alien obtains an immigrant Secretary, or any Department offi … cial to Young Adult (TYA) program to provide visa or an adjustment of status to that of whom the Secretary has delegated this an extended medical coverage permanent resident; authority is authorized to revoke an opportunity to most unmarried children (2) The alien is ordered excluded from immigrant visa at any time, in his or her under the age of 26 of uniformed the United States under INA 236, as in discretion. services sponsors. The TRICARE Young VerDate Mar<15>2010 15:29 Apr 26, 2011 Jkt 223001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 [official-source production path omitted] 27APR1 … ve a significant safety, or state, local or tribal Lawrence B. Kurland, Jr., Legislation economic impact on a substantial governments or communities. and Regulations Division, Visa Services, number of small entities. This rule Department of State, 2401 E Street, NW., Executive Order 13563 regulates individual aliens who hold Room L–603D, Washington, DC 20520– nonimmigrant or immigrant visas, The Department of State has 0106, (202) 663–1260, e-mail including employment-based visas. considered this rule in light of ([email protected]). Because section 221(i) of the INA Executive Order 13563, d …

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2011

• 2011-04-28Removal of Designated Countries from National Security Entry-Exit Registration System (NSEERS)
• 2011-07-23Automatic extension of validity of EADs for six months, through January 22, 2012
• 2011-07-23Haiti TPS redesignation expands eligibility
• 2011-08-15Centralized Lockbox Filing for Overseas Stand-Alone Form I-130 Petitions
• 2011-10-07Commonwealth of the Northern Mariana Islands Transitional Worker Classification