[Federal Register: March 19, 1999 (Volume 64, Number 53)]
[Rules and Regulations]               
[Page 13510]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr99-11]

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DEPARTMENT OF STATE

22 CFR Part 41

[Public Notice 2992]

 
Bureau of Consular Affairs; Documentation of Nonimmigrants Under 
the Immigration and Nationality Act, as Amended; Photograph Requirement

AGENCY: Bureau of Consular Affairs, DOS.

ACTION: Final rule.

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SUMMARY: The Department has replaced the Burroughs visa with a machine-
readable visa (MRV). Since the MRV displays a digitized photo of the 
visa recipient, the Department is amending the nonimmigrant visa 
regulations to require all applicants for nonimmigrant visas to present 
photographs. The regulations are also amended to allow photographs of 
persons wearing head coverings, provided that enough of the face is 
uncovered so as to establish identity.

EFFECTIVE DATE: March 19, 1999.

FOR FURTHER INFORMATION CONTACT: Pam Chavez, Legislation and 
Regulations Division, Visa Services, Bureau of Consular Affairs, 
Department of State, 202-663-1206.

SUPPLEMENTARY INFORMATION: Effective April 1, 1994, the Department 
instructed all Foreign Service posts to cease issuing Burroughs visas, 
which were stamps placed in the passport. Foreign Service posts 
worldwide now issue only machine-readable visas (MRVs), a more 
technologically advanced and secure type of visa with a digitized photo 
of the applicant. The MRV is also inserted in the passport. The 
Department has, therefore, amended the regulations at 22 CFR 
41.105(a)(3) to eliminate the waiver of photographs authorized in 
paragraphs (i), (ii) and (iii).

Final Rule

    This rule is being promulgated as a final rule pursuant to the 
``good cause'' provision of 5 U.S.C., sec. 553(b). Notice and comment 
serve no purpose in light of the fact that visas can no longer be 
issued without a photograph. 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. It is not a major rule. 
This rule imposes no reporting or recordkeeping action from the public 
requiring the approval of the Office of Management and Budget under the 
Paperwork Reduction Act. This rule complies with requirements of E.O. 
12988.

List of Subjects in 22 CFR Part 41

    Aliens, Nonimmigrants, Passport and visas.

    In view of the foregoing 22 CFR part 41 is amended as follows:

PART 41--[AMENDED]

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

    Authority: 8 U.S.C. 1104.

    2. Revise paragraph (a)(3) of Sec. 41.105 and remove the 
undesignated paragraph following it to read as follows:


Sec. 41.105  Supporting documents and fingerprinting.

    (a) * * *
    (3) Photographs required. Every applicant for a nonimmigrant visa 
must furnish a photograph in such numbers as the consular officer may 
require. Photographs must be a reasonable likeness, 1\1/2\ by 1\1/2\ 
inches in size, unmounted, and showing a full, front-face view of the 
applicant against a light background. At the discretion of the consular 
officer, head coverings may be permitted provided they do not interfere 
with the full, front-face view of the applicant. The applicant must 
sign (full name) on the reverse side of the photographs. The consular 
officer may use a previously submitted photograph, if he is satisfied 
that it bears a reasonable likeness to the applicant.

    Dated: March 11, 1999.
Mary A. Ryan,
Assistant Secretary for Consular Affairs.
[FR Doc. 99-6796 Filed 3-18-99; 8:45 am]
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