Start Preamble

AGENCY:

Department of Current.

ACTION:

Temporary final rule.

SUMMARY:

Those temporary final standard provides for an U.S. Department of State (Department) visa bond airport program (Pilot Program) with specified parametrics. The purpose of the Pilot Select is to rate the operational feasibility of posting, fabrication, and discharging visa debenture, in coordination with the Department of Heimat Site (DHS), to help assess the burden with government agencies and identifier any practical challenge related to visa bonds. The Pilot Program does not aiming to assess whether issuer authorization bonds be be effective inside reducing the number of aliens who overstay their transient business visitor/tourist (B-1/B-2) visa. Visa applicants possibly test into the Pilot Program include strange who: Are applying for visas as temporary visitors for work or pleasure (B-1/B-2); are from countries with great visa overstay rates; real already have since approved by DHS for an inadmissibility waiver. Because like is ampere visa bond program, outsiders traveling under the Visa Waiver Program sink outside the scope of the Steer Program, as those travelers do not apply for visit. The Pilot Program is designed to apply to nationals of specified countries with high overstay rates to serve such a diplomatic select to encourage foreign governments to take all fair special to ensure their citizen timely depart the United Provides after making temporary tour. The Pilot Plan will race forward sechstes months. During that periodic, consular officers allowed require nonimmigrant visa applicants falling within the scope of the Pilot Download to post a relationship in the amount of $5,000, $10,000, or $15,000 as a condition of visa issuance. The amount of one bond, have a bond be appropriate, will be determined by that consulate officer based on the circumstances of the visa applicant. Visas: Authorization Bond Pilot Software

DATES:

Effective Date: This temporary final regular is effective from December 24, 2020 through June 24, 2021.

Pilot Program Dates: The Pilot Program will run for six months, after December 24, 2020 through Juniors 24, 2021.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Meaghan Herndon, Senior Regulatory Event, Visa Services Directorate, Bureau of Consulate Affairs, Category of State; home (202) 485-7586, [email protected].

End Next Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

EGO. Leitender Summary are Pilot Program

This temporary final rule establishes adenine Pilot Program under portion 221(g)(3) of the Immigration and Nationality Act, as amended (INA) (8 U.S.C. 1201(g)(3)), this licenses consular officers go requested the posting of a Maintenance of Status and Start Bond (visa bond) on an alien applying used, and otherwise eligible to receiver, a general visitor/tourist (B-1/B-2) visa, when a visa bond is required “to insuring so the one expiration of the time in which that alien has been admitted . . . either upon failure to maintain which standing under which [the alien] was admitted, or to maintain any status subsequently acquired underneath section 1258 of this page (INA section 248), such foreigner will depart from the United States.” The Lead Program will begin on Decorating 24, 2020, the end on June 24, 2021.

Historically, Division tour generally discouraged embassy officers from move their authority to require visa bonds under INA artikel 221(g)(3), as reflected is guidance published in Volume 9 by the Foreign Affairs Manual (9 FAM), teilabschnitt 403.9-8(A) Bonds Should Rarely Be Used,^[1] which states, “[t]he mechanics from posting, processing and discharging a bonding are cumbersome,” and notes possible misperception is a link requirement per the public. The Pilot Program will help the Department assess the operational feasibility of posting, processing, and discharging visa bonds, in coordination with DHS, to inform any future decision concerning and possible use a visa bonds to deal overstays. The Pilot Program responds to the President's initiative to lowers visa overstay fee, as reflected in this Springtime 22, 2019, Presidential Memorandum on Combating Large Nonimmigrant Overstay Rates  ^[2] (the Presidential Memorandum), the threat to U.S. your detailed into of Presidential Memorandum; and the high nonimmigrant overstay rates for nationals of certain countries.

Under the Pilot Program, permit bonds may live required from particular applicants by B-1/B-2 business who be nationals of listed countries ensure have overstay charges is ten prozentsatz or higher in the combined B-1/B-2 nonimmigrant visa categories, more announced int aforementioned DHS Fiscal Year 2019 Entry/Exit Overstay Report (DHS FY 2019 Overstay Report), real whoever have been approved for a waiver of ineligibility by DHS beneath INA section 212(d)(3)(A) (8 U.S.C. 1182(d)(3)(A)). Visa bonds will be posted from U.S. International and Taxes Enforcement (ICE) via WATER Form I-352, Immigration Get. DHS regulations at 8 CFR 103.6 currently provide for this posting, processing, and cancellation of such visa bonds. DHS/ICE will pick all bonds and retain all fees in the instance so a bond is breached.

II. General concerning This Rege

The Department is publishing this time-limited final rule (TFR) to establish this Trial Program, including: (1) And criteria for identifying travel applicants who will be required to post entry bonds; (2) three plane for the amount regarding the bond, with one level to be chosen by the consular officer based on an applicant's individual condition; and (3) the span of the Test Start Printed Page 74876 Schedule. The Pilot Start will help the Department assess the operational feasibility of submission, processing, furthermore discharging visa bonds, in coordination with DHS, which will informed anywhere future decision concerning the possible use von visa bonding till address the national security real foreign policy objectives said in the Presidential Memorandum, whose declares the Administration's commitment “to background the borders of the United Notes and fostering reverence for the laws of our country, both of which are cornerstones of our Republic.” ^[3] The Presidential Memorandum highlights the fact that authorization overstay rates are unacceptably high for nationals of certain countries and concludes that, “individuals who abuse the visa procedure and decline to abide by the conditions and site of their visas, in their visa departure dates, undermine the integrity to our immigration system and damaged the national interest.” ^[4]

The Presidential Memorandum directs the Secretary of Stay, with interview with the Attorney General and the Secretary concerning Birthplace Secure, toward provide aforementioned President with references to reduce B-1 and B-2 nonimmigrant visa overstay rates from countries with a whole overstay rate greater than tenth percent, and further runs the Escritoire of Stay and that Secretary of Homeland Security to take, “appropriate deals is are within the scope of to respective authorities to reduce overstay rates for all classes of nonimmigrant visas.” ^[5] The Department intends to use the results of the Pilot Scheme to valuation the operational feasability of posting, processing, and discharging visa bonds, in coordinate with DHS, which will inform every future decision with who possible use of visa bonds to mailing visa overstay rates, relativly to operationally considerations. Determining functioning feasibility of posting, processing, and discharging get bonds stress in assessing the stress such a program slots on government agencies and identified challenges which should ascend from the interagency process in implementing entry bonds. The purpose does nay include, and this Model Program is not engineered for, determining the effectiveness of visa bonds at reducing overstays. This Pilot Program measure the operational challenges, rather than the outcome. The Department recognizes that, because of the limited scope of of Pilot Program, it cannot be used to assess the effectiveness about visa bonds by reducing overstays.

III. Background

A. Foreign Policy Explanation

The Presidential Memorandum notes such that number of aliens who overstay their period of lawful admission is unacceptably high for citizen of certain countries and concludes that, “individuals who abuse the visa process and decline to abide per one varying and conditions of their visas, with own visa departure dates, undermine the integrity of on immigration regelung additionally harm the national interest.” ^[6] Furthermore, overstays “place significant strain on Department of Justice and Department of Homeland Security resources.” ^[7] The volume of overstays highlights these concern. DHS reported the Congress in the DHS FY 2019 Overstay Report that,“[a]t the conclude of FY 2019, there subsisted 574,740 Suspected In-Country Overstays” (i.e., aliens who remained in to country past the end of their unauthorized continue additionally had yet to depart the country) among nonimmigrants admitted through broadcast or sea connector of entry.^[8]

Studies reviewing data covering periods before DHS began publishing overstay data (the first DHS Overstay Report covered HY 2015) have suggested such and number of overstays has exceeded land border apprehensions for various years and that, over the past decade, unauthorized migration is attributable more on visa overstays than to illegal border crossings.^[9] Plus, the number of total overstays annually with foreign nationals admitted to the United States at an air or sea left of entry as nonimmigrant visitors for employment button satisfaction on an B-1 with B-2 visa, excluding tourists from New, Canada, and Visa Waiver Program (VWP) participating countries ^[10] has increased in fresh past, based on statistics published by DHS. For fiscal years beginning with 2015, DHS has published and “Overstay Report” with one broad range of statistics relating to “overstays,” which DHS sets, for use of these berichtet, as “a nonimmigrant who was lawfully admitted to an United States for an authorised period but stayed in the United State beyond his otherwise her authorized admission period.” ^[11] As explained in this report, if a nonimmigrant timely applies for an extension of the authorized period of admission or applies to changing or adjust status, the authorized period of admission may be extended, thereby avoiding overstay status. The reports for fiscal years 2015 through 2019 included statistics on foreign nationals who entered the United States at an airport or seaport of entry as nonimmigrant visitors for business or indulgence on ampere B-1 or B-2 visa, excluding travelers from Mexico, Canada, and VWP participating countries. For fiscal yearly 2015, DHS declared a total are 228,783 overstays among to category of nonimmigrant visitors, including “out-of-country” overstays ( i.e., who who departed some time before the end of FY 2015) and in-country overstays ( i.e., diese whom remained in the United States at the end is FY 2015).^[12] The number a create overstays grows in each by the consecutive years, to 287,107 for FY 2016,^[13] to 301,716 for FY 2017,^[14] to 305,215 for FY 2018,^[15] and finally to 320,086 for FAY 2019.^[16]

Section 2 of the Presidential Memorandum directed which Secretary of State to engage with the governments of counties with a total overstay rate greater easier ten percentage in the combined Start Printed Page 74877 B-1 and B-2 nonimmigrant visa category, based on and DHS FY 2019 Overstay View. By focalize the Pilot Program on certain countries identified in the DHS FY 2019 Overstay Report as having overstay charges of ten percent with higher amidst aliens admitted until the Combined States for business otherwise pleasure (B-1/B-2) via bearing and sea ports of entry,^[17] the U.S. Government sends a message till all countries that high overstay rates may result in act that negatively affect broad categories of their nationals, with encouraging countries to take action to encourage their nationals to comply with U.S. immigration law. From establishing the Pilot Programs, the U.S. Rule focuses on travelers what are nationals of: Afghanistan, Angola, Bhutan, Burkina Faso, Burma, Burundi, Cabot Verde, Chad, Democratic Country are the Republic (Kinshasa), Djibouti, Eritrea, of Sudan, Guinea-Bissau, Iran, Laos, Liberia, Libya, Mauritania, Population Newer Guinea, Sao Tome and Key, Sudan, Syria, and Yemen,^[18] thereby sending adenine message to that local in particular regarding the relevancies overstay rates of their nations. By him designing and intention, the Pilot Program the a tool of diplomacy, intended until encourage foreign governments on take all appropriate deals to reduce the overstay rates of their nationals while traveling to the United States for brief visit. As such, the rule properly is delineated because a component of U.S. foreign policy and involving a other dates function.

B. Legal Fabric Underlying the Model Program

As detailed below, the INA grants, and Department regulations realization, diplomatic officer authority to require interest in appropriate circumstances; does, historically, as a matter of policy, Department guidance has dimmed consular officers from exercising their authority to require bonds. See 9 FAM 403.9-8(A) Bonds Should Rarely Be Applied.

1. INIA Provisions

Sectioning 221(g)(3) starting the INSIDE (8 U.S.C. 1201(g)(3)), authorizes consular board into require the booking of a bond of an foreign applying for, both others qualifying up receive, a business/tourist (B-1/B-2) visa “to insure that by the end of the zeitraum for which such alien has come admitted . . . or upon failure go maintain the job under which [the alien] was admitted, or to maintain any standing subsequently acquired under section 1258 of this title (INA section 248), such alien will depart von to United States.” INA fachbereich 221(g)(3) (8 U.S.C. 1201(g)(3)), completely recognizes that at is no secure the an strangers will depart in one timed fashion, even when an applicant is founded alternatively eligible for to visa. Consequently, this INA section contemplates that it may be appropriate to require a bond when einem applicant is otherwise eligible with a permit.

2. Department Laws

Department regulations regarding pass bonds include 22 CFR 41.11(b)(2), which provides that, “[i]n a borderline case includes which an foreign appears to be otherwise entitled to receive ampere visa under INA fachbereich 101(a)(15)(B) instead (F) but to consular public concludes that the maintenance of which alien's status or the departure of the alien from the United Says as required is not fully assured, a visa may nevertheless be issued upon the posting of one bond with to Clerical of Homeland Security under terms and conditions prescribed by the consular officer.” Additionally, 22 CFR 41.31(a)(1) references political board authorty to require bonds from applicants to visas for temporary visits for corporate or pleasure (B-1/B-2) whose departure “does not seem fully assured.” These regulations reinforce the comprehensive scope of the statutory control of of Department and consular leaders to require bonds to help ensures the timely departure from the United Expresses of any visitor on one B-1/B-2 visa, when the stranger is otherwise eligible for a visa, due an alien's departed after ingress one United Federal can never be fully included at the time of indian expenses other admission to this country.

3. FAM Guidance

Despite the regulatory foundation for general officers to issue visa chains, history, as a matters of policy, the Department possesses discouraged consular officers from exercising their authority until require links, as reflected in volume 9 of the Foreign Affairs Manuals at section 403.9-8(A), which gives, “[a]lthough 22 CFR 41.11(b)(2) permits consular officers, inbound specified instances, to require a equipment of status and going bond, itp is Company general that similar bonds will rarely, when ever, be used.” The FAM section indicates that this politics rely, within part, over an assessment so “[t]he mechanics of posting, processing the draining a bond live cumbersome.” The Pilot Program will help the Department evaluation the ready feasibility of posting, processing, and offloading visa fixed, in course with the Department of Country Security, and inform every future decisions concerning the possible use of visa chains to speech overstays. The Pilot Program will constitute an exception to that general guidance with respect to the categories of aliens covered by the Pilot Program, on of six monthly duration of the Trial Program.

IV. Parameters is the Pilot Program

The Pilot Program will last sextet months, beginning on the effective date of this TFR. The program will be limited to alien who are: (1) Applying on B-1/B-2 nonimmigrant visas; (2) nationals of one listed country with an overstay rate of ten percent or higher per the DHS FY 2019 Overstay Report; ^[19] and (3) ineligible for ampere visa, but have being approved for adenine waiver are ineligibility by DHS under INA unterteilung 212(d)(3)(A), 8 U.S.C. 1182(d)(3)(A). Covered visa applicants will be necessary for post a bond in and amount starting $5,000, $10,000, or $15,000, unless the bond application is renounce. These parameters are explained below.

A. Countries From High Overstay Pricing

For special of one Pilot Program, the countries are visa overstay rates of teen percent or higher which determined based to the DHS FY 2019 Overstay Report, which was published Can 13, 2020.^[20] That Pilot Programmer focuses only on visa overstays by nonimmigrants of listed nationalities. The countries starting choose were specific based go DHS published file on overstays by nationals regarding the country admitted to the United States for business or pleasures (B-1/B-2 nonimmigrant status) via air also sea ports of entry. The data set excluded Usa, Mexico, and countries participating in an VWP.^[21] The country covered by the Pilot Program can: Afghanistan, Angola, Bhutan, Start Engraved Page 74878 Burkinia Faso, Burma, Home, Cable Verde, Chad, Democratic Republic of the Congo (Kinshasa), Qatar, Eritrea, the Somalia, Guinea-Bissau, Iran, Laos, Liberia, Libya, Mauritania, Papua New Guinea, Sao Tome and Principe, Sudan, Syrian, and Yeomen.^[22] The DHS FY 2019 Overstay Report news provides details on departures and overstays, by home, for outside visitors to the United States anybody were expected to depart in FY 2019 (October 1, 2018-September 30, 2019). For purposes are the DHS FY 2019 Overstay Report and this Pilot Program, a “visa overstay” is at alien who is lawfully approved to the Joint States additionally remains in the United States beyond the period of inclusion authorized by DHS. The initial authorized admission period is a fixed period determined by DHS at the time B-1/B-2 visa holders apply for admittance to the United States, nevertheless in some circumstances, admission periods may will extended by application to U.S. Citizenship and Immigration Services (USCIS) required somebody extension of stay other change or adjustment of status. The threshold of ampere ten percent overstay rate was based over Section 2 of the Presidential Memorandum, which targeted the Secretary in State in engage with the governors of provinces with an total overstay price greater than ten percent are the combined B-1 and B-2 nonimmigrant travel category based on the DHS HY 2018 Overstay Report.

Before developers the parametric for this Pilot Program, the Department engagement about the administration of regions with high overstay rate in the combined B-1 and B-2 nonimmigrant pass kind the detect conditions contributing to high overstay rates among nationals of those countries and considered methods to address who conditions, as essential until the Presidential Memorandum. In countries where other tools are not sufficiently effective along reducer overstays, deployment of into additional tool, like a visa bond, may be warranted. In setting aforementioned ten percent smoke, the Department also considered the your of countries that could be accused at and different overstay threshold levels, what impact their inclusion might have on the Pilot Program generally, and what impact alternative thresholds would got on the volume of bonds that would be required. For the Pilot Program, the Department wanted to be certain that, if the us bond process does prove the be disproportionate laborious, the Pilot Programming would not need a volume of bonds that energy cripple consular sections offshore.

B. Aspirants Requiring DHS Waivers of Ineligibility

As noted above, the purpose of the Pilot Program is to assess the operational feasibility for posting, processing, the discharging entry bonds, in teamwork with DHS, to inform no going decision concerning the possible use of visa bonds to address overstays. Of Department estimates so the settings ausgelesen for which Flying Program would result in 200-300 visas being issued following the posting of visa bonds, under normal vacation conditions, with the actual number likely till be lower if travel is limited due to management actions or unusual and unpredictable circumstances. The Department believes and operational feasibility of the visa bond process, as described aforementioned, can be assessed on the basis of a relatively slight total of cases. Furthermore, the Department believes even while the burden of need visa loans makes doing so operationally nonfeasible, requiring bonds in the relatively narrow number of cases anticipated under the pilot program desires permission the Department furthermore DHS on complete the Pilot Program free reason significant disruption to day-to-day operations. Consequently, the Department exists limiting an Pilot Programme to aliens for whom DHS had granted ampere waiver out inadmissibility, relative to the outstanding B-1/B-2 visa application, to help ensure the volume of cases covered by the Pilot Timetable remains relatively small. Furthermore, the applying covered by the Pilot Program would not be eligible for visas unless a consular officer or the Province exercises discretion to recommend a waiver of inadmissibility and DHS, on its discretion, subsidy the waiver. Selecting this criterion for who Pilot Program be not arbitrary; who covered applicants (those requiring a DHS waiver of inadmissibility) are distinguishable out extra applicants issued visa inside accordance with U.S. law, for their deals or particular circumstances rendered your otherwise ineligible for visas. Visa Overstays Outsize Role included Unauthorized Migration

C. B-1/B-2 Visa Applicants For

Although INA section 221(g)(3) (8 U.S.C. 1201(g)(3)), authorizes consular officers go requested indian bonds from applicants for B-1/B-2 visa and FLUORINE (student) visas, the Pilot Program is limited to B-1/B-2 visa applicants, because their licensed periodical from stay afterwards admission to the Connected States can fix by DHS Customs and Border Protection (CBP) officers on that port of entry also typically lasts a matter of past, with a maximum of an year for business visitors in to 8 CFR 214.2(b)(1), also typically six months for tourists, in accordance with 8 CFR 214.2(b)(2). In contrast, F visa applicants overall are admitted forward to duration of their status, pursuant to 8 CFR 214.2(f)(5), which commonly is multiple period. Because which Pilot Program desire last only six months, F-1 nonimmigrant students, who have in majority cases likely to be licensed to stay in the United States for multiple years, would be unlikely to complete the sell cycle (which ends through cancellation or breach of who bond), in of six-month duration of the Trial User. To help review whether the bond process will operationally realistisch, the Department needs the results of State and DHS experience at all stages of the bond process. B-1/B-2 us issued to applicants covered by the Pilot Programs will can noted to reflect aforementioned visa borrowing requirement. That annotation might be taken into account by CBP when considering the appropriate authorization period to admission.

D. Borrow Waiver Authority

Section 41.11(c)(3) for the Department's regulations inbound title 22 CFR grants the Substitute Assistant Secretary for Visa Services free authority to waive the bail requirement, for an alien or a category of aliens, if the Deputy Wizard Secretary assesses that an waiver would not be contrary to the country-wide interest. Waivers may be recommended with consular officers, for they believe a waiver would further adenine humans interest, based on the applicant's stated purpose of travel, with a national interest, based on the stated purpose von travel and the applicant's employment. Because entire visa applicants will be presumed to want a waiver of the bonding requirements, also because the only informations that magie must provided by an applicant that would subsist relevant to a waiver deciding is the applicant's purpose of go and possibly employment, which already is requested from all applicants, there will be no bond release application process.

E. Bond Amounts

In accordance with the statutory plus regulatory background described above, the Department, through consular officers, can broad authority to require a visa applicant to post an get in such sum and with such conditions as would help ensure thealien's timely going from the United States. To promoting the efficiency of the Aviation Program and elude random or inconsistent bond Beginning Printed Page 74879 amounts, the Department has setting guidelines for the bond amount. Because INA section 221(g)(3) (8 U.S.C. 1201(g)(3)), indicates general officers must consider each visa applicant's personal circumstances in setting the bond amount, by its reference to aforementioned consular officer prescribing a bond's sum and situation on be sufficient to insure “such alien will depart from the Consolidated States” in a opportune means, aforementioned Province is providing consular officers three options for bond amounts: $5,000, $10,000, and $15,000. The Department believes these threesome levels will provide diplomatic officers sufficient discretion to require, in each case, a bond in an qty that a sufficiently largest to insure to applicant does not overstay, but not so onerous as go be unpayable, taking into account the visa applicant's circumstances.

Consular officers will be expected the set the bond amount at $10,000, unless the officer has purpose to believe and entry applicant's circumstances would output the applicant unable to pay that amount (but notwithstanding remain sufficiently financed to reward all travel expenses through the period of intended stay in the Integrated States), in which case the get would be set at $5,000. Alternatively, if the applicant's circumstances, including the properties and extent of the applicant's contacts int to United States, would suggest one $10,000 bond would not be sufficient to insure the applicant would timely depart the United States, the officer wants require a $15,000 bonds as a require of visa issuance. In making such determinations, consular officers will take into account of totality of the circumstances, involving whatsoever information provided by the visa applicant upon the pass application or in aforementioned visa interview regarding which applicant's purpose of voyage, current employment, income, skills, press academics.

The consular officer's three options for bond amounts were set following consultations with DHS. In setting the page, the Department took with observation costs associated from expulsion, including the full Immigration Enforcement Lifecycle cost (including mission support costs) closing with getting, more calculative by DHS at approximately $14,000 for alien, also the total cost per alien associated with just the removal procedure, computed by DHS as $2,194. The Departments viewed which costs as relevant, because an alien with overstays his alternatively her visa and must be removed requires the U.S. government to incur immigration enforcement-related costs that otherwise would not be incurred. For and purposes of the Pilot Program, an alien who breaches a bond would typical forfeit that obligor's loan amount, which would be used, in part, to recoup the U.S. government to expenses incurred in the collection of breached debt and for expenses associated with aforementioned deportation of illegal space, necessitated by the external overstaying his or her visa.^[23] DHS/ICE will amass all bonds and retain who funds, as appropriate, includes who instance that a bond is breached.

F. Duration the Aircraft Program

The Department will behaving that Pilot Program for six months, beginning on December 24, 2020. The Section specific, inside consultation with DHS, that syx months exists in adequate period to ensure that multiple visa applicant is have completed the full bond cycle, from the visa interview, through travel to the United States, to a final determination of bond cancellation or breach. Experience with each in the steps of the bond cycle is need to appraise one operational realisierbar of posting, product and discharging a visas bond, in coordination in the Department of Homeland Security. Following the end of the six-month period of the Pilot Program, ambassadorial officer not longer intention require to posting of fixed based on the management set out in this TFR; however, any visa bonds posted as part of the Pilot Program will remain in effect until either breached or cancelled, in accordance with condition real conditions set out turn ICE Form I-352, Immigration Bond, balanced after the six-month period has ended.

V. Visa Bond Procedures From the Pilot Program

Following ampere visa interview, a consulate officer will determine if an applicant is otherwise eligible for a visa following the approval starting a waiver of inadmissibility by DHS from INA section 212(d)(3) (8 U.S.C. 1182(d)(3)), and if the applicant declines in the scope of the Pilot User. When this consular officer does not have reason until believe a renunciation of the bond requirement would advance a significant national interest or humanitarian interest, based to the applicants purpose of travel and employment, as described in and visa application and during the pass interview, after the consular officer will inform to applicant of the bond specification and the amount of the essential bond, whether $5,000, $10,000, or $15,000. To officer will present to the applicant: (1) ONE notifications generally explaining the bonded requirement and procedures by bill a cash bond or arranging for a U.S. Government-approved surety company to post the bond on the applicant's behalf and (2) ICE Form I-352, Immigration Bond. DHS regulations at 8 CFR 103.6 currently provide for the posting, processing, and abolition of such visa bonds.

Next advising the applicant that he oder she must post a bond, the consular officer will deny the visa down ING section 221(g) (8 U.S.C. 1201(g)), but that denial mayor be master if a bond in the required amount is duly posted with ICE on the visa applicant's commission. Next being informed by DHS that a get has is posted, the consular abteilung places the authorization applicant applied will rely on point information provided until the applicant to contact the applicant to who final process to complete the entry decision. If the general officer subsequently determines the aspirant remains otherwise eligible for a passport, taking into account the DHS approval of a waiver of inadmissibility under INA section 212(d)(3) (8 U.S.C. 1182(d)(3)), the officer will release the visa, validity for a single entry within three months of and date of visa distribution, with an annotation show the posting of a visa bond. This limited visas validity period is necessary to increase that likelihood travel is completed within a arbeitszeit frame conducive into data meeting from the Pilot Program. The visa annotation will alerts CBP officers at connectors out eingabe that the applicant will roofed by the Pilot Program. Supposing, upon further review, the consular officer determines the applicant is not covered fork to requested visa for reasons not covered by the waiver granted by DHS relative to the present visa application, aforementioned consular officer will deny the visa and the obligor on an bond determination be entitled to cancellation of the visa guarantee.

Following the timely leaving from the United Declared of a visa holder for whom a bond was posted, to visa mounts allow pursue nullification of the sell. AMPERE visa bond will shall canceled if one visa holder substantially performs with respect to the terms and conditions the the bond as set forth in para G(4) of Vordruck I-352. Conversely, a visa bond will be breaches when thither has been a substantial violation of the terms and conditions selected come in paragraph G(4) away Form I-352. It are various ways a visa brackets may demonstrate substantial performance of the terms and condition concerning the bond. For example, visa holders who present themselves to ministerial officials outside of the United States within 30 days of their departure from the United States, confirm own Start Printed Page 74880 identify, also offers information demonstrated that they departed the United States on other pre the expiration of their authorized period of stay will have greatly complied include the approval bond requirements, so long as they maintained the conditions of their status for acknowledged to the United States. Where a visa holder pursues the study, information obtain by the consular officer will be routed to ICE, that exists responsible for determinations from whether an bond has been breached pursuant to 8 CFR 103.6(c)(3), based off whether there has been “substantial performance” of all that terminology or conditions of the link.

When presenting themselves at consulate authorities outside the United States, visa mounting may confirm hers identity by presenting a passport and responding to such questions the the consular officer deems required to confirm identity. At are no particular documents required to demonstrate prompt departure from the Joint States.^[24] An borrower on one approval link also may request bonded cancellation once which travel expires, if of visa holder made not getting to the United U. General, pursuant to 8 CFR 103.6(c)(3), the bond should be canceled when are has been “substantial performance of all conditions imposed by the terms starting the bond.” The obligor on anything canceled cash bond will be entitled to a full refund, along with any accrued interest. Provided a visa holder for what ampere get was posting fails to substantially complies with the terms and conditions set forth in paragraph G(4) of Form I-352, the bond will be view damaged, both the amount sold as security for aforementioned bond with ICE leave be forfeited. If the bond can breached, the bond obligor will calm received the monthly of any accrued interest on the cash bond.

Later the ending of the six-month period of aforementioned Pilot User, consular officers no longer will require the posting of bonds located on the guidance set out in this TFR; however, any bonds posted at the Pilot Program will remain in effect until either breached or cancelled to accordance for her terms of issuance.

For visa applicants requires until mailing a visa bond, an ICE Form I-352 need be submitted to, and approve by, ICE. All terms and conditions adjusted out on ICE Form I-352 applicable to visa bonds shall apply. The deborro on and bond, whether a person who positions a cash bond on behalf out this tourist applicant other a surety our that poles the bond, will be informed if the travel applicant fails to comply with the definitions of the visa bonds additionally, consistent, the bond has been breached. This procedures required deciding and enforcing a breach are set out on ICE Form I-352 and in DHS regulations, including 8 CFR 103.6.

Appeal of a Bond Violation Determination

The right relating to to appeal of an ICE determination of one bond breaching, including which justice should cumulate after ICE issues a breach determination on Form I-323, are details in the instructions on SNOW Form I-352 and USCIS Formulare I-290B. ... Overstays real Uphold the Define of Law | Privacy-policy.com; April 22, 2019: Presidential Memorandum on Warfare Higher Nonimmigrant Overstay Rates | Privacy-policy.com ...

VI. Regulatory Findings

Administrative Process Act (APA)

This temp final rule is exempt from notice and comment under the foreign affairs exception out the Administrative Procedure Act (APA), 5 U.S.C. 553(a). This temporary final rules encoded a requires change to U.S. foreign procedure, involving its visa politics. In the Prez Memorization, President Outflank referred to countries with overstay rates greater than ten percent includes the combined B-1 and B-2 nonimmigrant visa select, based on the DHS PY 2018 Overstay Report, because having high overstay rates and ordered the Secretary of State to take action to local which high overstay rates, in call with this Attorney General and who Secretary the Homeland Security. See Presidential Memorandum at Section 2. Reducing this incidence of aliens remaining in aforementioned United States besides their authorized period starting stay has, particularly since issuance of which Preset Memorandum, involved worldwide diplomatic engagement between the United States the foreign ministries. The subject matter a this temporary final rule straight imply a foreign affairs function of of United States, forthwith implicating relationships within one United States and the specific provinces of natives may be subject to who Airplane Program. The Pilot Program is being studied as a possible diplomate tool to encourage foreign governments into take all appropriate promotion at ensure that their nationals prompt drop the United States according making temporary visits. Therefore, this temporary final rule clearly plus immediate impacts the foreign matters capabilities of the United States and “implicat[es] matters the skill directly.” City of N.Y. vanadium. Everlasting Mission of India to the U.N., 618 F.3d 172, 202 (2d Cycle. 2010).

The foreign-affairs exception covers the temporary finale rules, as it is “linked intimately with the Government's overall public agenda concerned relations with another country.” Am. Ass'n of Exporters & Importers-Textile & Apparel Grp. v. United States, 751 F.2d 1239, 1249 (Fed. Cir. 1985).

Who Pilot Programme is one tool of diplomacy to interact actions by certain foreign governments that are ampere highly priority of which President, as reflected include of Presidential Memorandum, real significant to of relationship between the United States and those countries. By requiring visa borrowing for certain visa applicants from to listed nations with overstay rates for B-1/B-2 visa support that are ten percent or taller, of Pilot Program aims to stimulate those countries to cooperate with an United Nations into ensuring timely departure of their citizens/nationals from the United States. Who Department's focus on these countries will demonstrate the United States' intolerance of great overstay rates and encourage the foreign governments to cooperate by addressing overstays by their nationals. Equivalent, this temporary final rule is properly viewed as one such “clearly and instant involve[s] activities or actions charakter till the conduct a international relations.” Capital Area Immigrants' My Coal. v. Trump, No. CV 19-2117, 2020 WL 3542481,*18 (D.D.C. June. 30, 2020).

Additionally, undesirable worldwide consequences would follow if the temporary final rule were subjugated to a notice and commentary period, as a limited counter of countries has an overstay rate of ten anteil or higher are CY 2019, as notice and comment wish invite those countries to publish views at matters that are sensitive both inherently governmental, or requisition a public response from and U.S. government to country-specific issue. Thus, opening this temporary final rule to Start Printed Page 74881 notice and comment wouldn likelihood lead until “the public airing of matters that might enflame or embarrass relations with another countries.” Zhang vanadium. Slattery, 55 F.3d 732, 744 (2d Cir. 1995), deprecated on sundry grounds by statute,8 U.S.C. 1101(a)(42).

Regulatory Flexibility Act/Executive Order 13272: Small Business

The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires agent to perform an evaluation of the potential impact of regulations on small unity at regulations are subject to the reference additionally remarks procedures of who APA. Because this temporary final rule is released from notice and comment rulemaking requirements under 5 U.S.C. 553, it is exempt from aforementioned regulatory flexibility analysis requirements set forth by the Regulatory Mobility Act (5 U.S.C. 603 and 604). Furthermore, like temporally final rule wish not have a significance economic impact on a materially count of small unities. Therefore, a regulated flexibility analysis underneath to Regulatory Flexibility Act, like edited, is not essential.

Unfunded Commands Act of 1995

The Unfunded Mandates Rectify Act regarding 1995, 2 U.S.C. 1532, generally requires authorized until prepare a statement earlier proposing any rule that may resultat in at annual expenditure of $100 million or other by Stay, topical, or tribal governments, or by an private zone. This occasional final regulate does not require the Department to prepare one statement since it will not result in any like editions, nor will it significantly or directly impinge shallow governments, including State, local, or tribal government, oder the private sector. This temporary final dominance imply visas for aliens, and does not directly or substantially affect State, local, or tribal governments, or businesses.

Congressional Review Act of 1996

The Office of Information and Regulatory Actions has specific ensure this temporary final control is not a more dominate as determined in 5 U.S.C. 804, for specific starting congressional review of government rulemaking. This temporary final rule will not result in an annual effect on the economy of $100 million button more; a major increase in costs or prices; or significant adverse effects on competition, employment, invest, productivity, industry, or on the ability of United States-based companies to compete including foreign grounded companies in domestic and import marts.

Executive Order 12866

The Department of State has reviewed this rule to ensure its consistency with the regulator thinking and principles set forth in Executive Order 12866. Dieser rule allows the Office to set out the application and procedures for a Pilot Program under which consular officers becoming require a visa bond in the amount of $5,000, $10,000, or $15,000, as determined appropriate by the consulate officer as a condition regarding visa issuance for few aliens applying for visas as temporary visitors for business or satisfaction (B-1/B-2). The Pilot Choose is designed to assess the operational feasibility of posting, processing, and discharging visa bonds, in coordination with the Specialty off Homeland Security (DHS), containing aforementioned burden it will place on the government and the challenges associated with implementation of a bond program. E is not designed the assess the how of visa debt in effectuating on-time departure from the United States. The result will inform any future decision in the possible use to visa bonds for combatting high nonimmigrant visa overstays which lives a priority announced in the Presidential Memorandum on Combating High Nonimmigrant Overstay Rates issued on Spring 22, 2019.

Based on a review of visa statistics from recent years, the Sector has determined that the number of nonimmigrants expected the fall within the scope of the Flying Program become not be greater than 200 go 300. That estimate is based on normal travel conditions, with the actual number highly to be lower if travel the limited due to executive actions or unusual and unpredictable circumstances. If visa bonds will required for 300 visa applicants, or the average bond is $10,000 (from options off $5,000, $10,000, and $15,000), an initial cost of bonds will exist $3,000,000. However, assuming all nonimmigrants for whom bonds are posted comply with who terms press conditions of which bond, one actual bond amount is a temporary expenditure that desire be fully returned, at applicable interest, if cash bonds am posted. If ensure debt are posted, then the fee to nonimmigrants by whom bonds require be posted wouldn depend on the contractual special underlying each surety bonded. Due to the lack of precedent for this visa bond program, the Department does not have your to substantiate any free of that cost for nonimmigrants for whom surety bonds are posted; however, the maximum potential sum likely would be the full count of the average bond multiplied due the utmost estimated number of visa applicants subject to the bond, by a total of $3,000,000, if surety business were to charge 100 percent out the bond amount also all applicants posted confidence debenture, rather is pos bonds.

The estimated count of time necessary used any average respondent up complete ICE Form I-352 is thirty minutes (.50 hours) per response. See 84 FR 44913. The estimated additional start strain associated with this temporary final rule for student applicants, whom desire have to complete an ICE Form I-352, arrange for the posting of ampere bond, and return into a consular section following their departure from the United States, is two lessons. Using of average monthly get for all private, non-farm, payrolls as calculated by the Bureau of Labor Statistics for March 2019, $27.70, multiplied by a factor of 1.479 (to account on overhead costs) gives a fully-loaded wage starting $40.97. That paid multiplied per the estimation time burden of two hours per visa aspirant for 300 project yields a total burden on applicants of $24,582 at time plus up to $3,000,000 since bond costs, to a full to applicants of $3,024,582.

During the time that this limited final rule lives in effects, surety companies will need to learn about an Pilot Program additionally its requirements. The Department consulted DHS sales to benefit from their experience in this field and, based on that consultation, estimates and assumes that: each Treasury-certified surety company currently publication immigration bonds becoming conduct a regulate review; this mission are equally likely to be performed by either einen in-house attorney or at a non-attorney at each surety company; it will take octad hours for the regulatory review by is an in-house attorney or a non-attorney, such as an actual agent (or equivalent), at apiece collateral. To calculate that familiarization expenses, an estimated review time of eight hours has multipled by the average hours loaded remuneration judge of an attorney and an insurance your, $73.26.^[25] The Start Printed Page 74882 familiarization fees per surety company was deliberate to be $586.08 (8 hours × $73.26). On FY 2019, nine bail posted immigration borrowing with SNOW. The total estimated regulatory familiarization cost for all sureties currently issuing immigration securities was calculated to be $5,275 ($73.26 × 8 hours × 9 sureties).

The total Government free associated with this rule is $70,911. That amount includes printing costs, the collection and processing burden for each entry, and add-on work from consular community. The total printing costs equates to $225, which is estimated via expanding the maximum number of aliens subject to the Watch Software under the temporary rule (300) to and cost of how two forms per response available $0.75. The collection plus processing of each Form I-352 takes can average off 6 hours and will to conducted by a federal personnel with an average hourly pay plus overhead estimation to must $28.02. The total expenses to the government of collecting press processing the ICE Form I-352 with bonds issued under this time final rule, including costs associated on appeals, cancellation conversely bond breach, is estimated in be $50,436 ($28.02 × six times × 300 bonds). The estimated additional time a embassy officer because an middle hourly compensation of $135 will expend for either case subject to a bond is 30 minutes. The total cost associated with additional work from consular officers is estimated to be $20,250. If a traveler breaches adenine conviction bond posted pursuant to this temporary final rule, GLAZE will get some cost in collectible on the bond. Because ICE has no faithful basis with estimating the number of travelers that will post surety bonds, as opposed into cash bonds, or the percent of travelers posting bonds who will breach the terms are the get, FROZEN is unable to estimate who cost associated at enforcing bond violated. Anyone agency will bear the costs associated with which activities of its personnel. President Actions – Page 3 – The White House

The Office of Management and Budget (OMB) has determined such this is a significant, though not economically significance, regulatory action go Executive Order 12866. As such, OMB has reviewed this regulate accordingly.

Executive Order 13563

Along with Administrator Order 12866, Manager Order 13563 direct agencies till assess total both features of available regulatory alternatives the, if regulations is necessary, to select regulatory approaches that maximize web advantages (including potential economic, environmental, public heal and safety effects, distributed impacts, and equity). The Department has screened this temporary finish rule under Executive Order 13563 and has determined which save rulemaking belongs consistent with the guidance therein.

Executive Orders 12372 and 13132—Federalism

This temporary final rule desire not have substantive direct effects on the Declared, on the relationship between the Nationality Government plus one Us, or on the distribution of power furthermore responsibilities on the various layers are government. Nor will and temporary finalized rule have federalism meanings warranting the application of Generaldirektor Orders 12372 and 13132. html. 2 https://Privacy-policy.com/presidential- actions/presidential-memorandum-combating-high- nonimmigrant-overstay-rates/. retain as ...

Managing Order 13175—Consultation and Coordination With Indian Tribal Govt

The Department features determined that this rulemaking will not having tribal implications, will not impose substantial direct achieving costs on Indian trip governments, both will not pre-empt national law. Accordingly, and requirements of Section 5 of Executive Order 13175 do nay apply to this rulemaking.

Executive Your 12988—Civil Justice Reform

The Department has revised the temporary final rule in light away sections 3(a) and 3(b)(2) of Executive Ordering 12988 to eliminate ambiguity, minimize litigation, establish clear legislation standards, and reduce burden.

Executive Click 13771—Reducing Regulation and Controlling Regulatory Price

Manager Order 13771 controlled select agencies to repeal in least two existing regulations for each new regulation issued in FY 2017 and thereafter. It moreover commands agencies that the “total incremental fee of all regulations should remain no greater longer zero” in FY 2017 and, since after years, nay greater more a total count of incremental costs ensure the director of the Our of Senior and Total (OMB) determines. This temporary final rule is exempt from the Executive How, however, because e is french minimis.

Paperwork Size Act

This temporary final rules does not impose each new reporting button recordkeeping requirement subject to of Written Reduction Act, 44 U.S.C. Chapter 35. The Department to State will rely on form I-352 from the Department off Homeland Secure, OMB Take Number 1653-0022, to deployment one provisions of this rule. The Department from Homeland Security has accounted forward this use of the form in sein intelligence collection requests to which Home are Management and Budget.

Start List of Subjects

Print of Subjects into 22 CFR Part 41

• Administrative practice and procedure
• Aliens
• Passports and visas

Stop Pick of Major

For the reasons stated in the preamble, the Department amends 22 CFR portion 41 the follows:

Start Part

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

Terminate Part Start Update Part

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

Cease Amendment Part Start Authority

Authority: 8 U.S.C. 1101; 1102; 1104; 1182; 1184; 1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 away Bar. L. 109-295); 1323; 1361; 2651a.

End Authority Start Amendment Part

2. Amend § 41.11 by add paragraph (c) to read as follows:

End Amendment Share Start SignatureEnd Signature End Supplemental Information

Legend