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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Rules and Regulations
tkelley on DSKBCP9HB2PROD with RULES

that have taken effect since the last substantive revisions in 1959.
Visa Classification Versus Visa Type Visa classification is not the same as visa type. Section 101a15 of the INA, 8 U.S.C. 1101a15, defines classes of nonimmigrants based upon the purpose of travel. Implementing regulations at 22
CFR 41.12 assign classification symbols to these nonimmigrants to correspond to the INA 101a15 subsection classification. The visa classification symbol is recorded in each nonimmigrants visa record and printed on the front of every issued nonimmigrant visa as Visa Class. For example, a visa issued to a nonimmigrant who is classifiable under INA section 101a15Ai, 8 U.S.C.
1101a15Ai, is assigned the visa classification symbol A1.
The Department issues three types of nonimmigrant visas: Diplomatic, official, and regular. The visa type is recorded in each nonimmigrants visa record and printed on the front of every issued nonimmigrant visa as Visa Type. Section 101a11 of the INA, 8
U.S.C. 1101a11, defines diplomatic visa as a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe.
Implementing regulations at 22 CFR
41.26c clarify that a nonimmigrant is eligible to receive a diplomatic visa, irrespective of visa classification, if he or she is otherwise qualified and possesses a diplomatic passport, or its equivalent, and falls within the categories listed in 22 CFR 41.26c. The INA does not define official visa but the term is referenced at INA section 222h1Aiv, 8 U.S.C.
1202h1Aiv, along with diplomatic visas. Implementing regulations at 22
CFR 41.27c clarify that a nonimmigrant is eligible to receive an official visa, irrespective of visa classification, if he or she is otherwise qualified and falls within the categories listed in 22 CFR 41.27c. A regular visa is defined in 22 CFR 41.101e as a nonimmigrant visa of any classification which does not bear the title Diplomatic or Official and clarifies that a nonimmigrant visa is issued as a regular visa, unless the alien falls within one of the classes entitled to a diplomatic or official visa. The appropriate visa typediplomatic, official, or regularis recorded in each nonimmigrants visa record and designated on the front of every issued nonimmigrant visa as Visa Type with a D, O, or R symbol, respectively.
As described above, the terms diplomatic visa and official visa are
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used in the INA and in Department regulations to refer to visa type, not visa classification. See INA 101a11, 8
U.S.C. 1101a11; see also 22 CFR
41.2627. Thus, for instance, a nonimmigrant classifiable under INA
101a15B who has a diplomatic passport and falls within one of the categories specified in 22 CFR
41.26c1 may be issued a diplomatic type B1/B2 visa if found eligible for the B1/B2 visa classification. However, the public often uses and understands the terms diplomatic visa and official visa to refer to visa classification, in particular the A1, A2, C3, G1, G2, G3, G4, NATO1, NATO2, NATO3, NATO4, NATO5, and NATO6 visa classifications. To avoid confusion, this rule uses the terms diplomatic type, official type, and regular type to clarify when a reference is to visa type and not to visa classification.
Changes to Categories of Individuals Who May Qualify for a Diplomatic Type or Official Type Visa, Irrespective of Visa Classification Specifically, this rule will update terminology in 22 CFR 41.26c1xii from officers of a diplomatic mission of a temporary character to officers of a foreign government. The rule will also update the terminology in 22 CFR
41.27c1ix, 41.27c1x, and 41.27c1xi from clerical and custodial employees to administrative, service, and similar emloyees and update the terminology referring to diplomatic mission to foreign-government delegation. These updates reflect more consistent application of similar terminology used within the Department for government officials and employees traveling to the United States for official duties.
The rule also replaces 22 CFR
41.27c1xiii, which previously provided that attendants, servants, and personal employees of foreign government officials and staff of international organizations i.e., nonimmigrants classifiable A3 and G5
were eligible to receive official type visas. Removing this category ensures that such applicants will be interviewed when applying for A3 or G5
nonimmigrant visas, a change consistent with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, 8 U.S.C.
1375cb1B. That law mandates visa interviews for these applicants, whereas 22 CFR 41.102b2 otherwise permits waivers of the interview requirement for applicants for an official type visa. Such attendants, servants, and personal employees will continue to be classifiable as A3 or G5.

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This rule also corrects previous errors in a number of other provisions in 22
CFR 41.26 and 41.27. Section 41.26c2viA is updated to correct a typographical error. Sections 41.26c1xiv, 41.26c2xiii, and 41.27c1xiii, the categories for immediate family, are updated to correct numbering of the subsections and to ensure consistency in language used to describe these categories.
Section 41.27c1i is updated to correct an error in the referenced category of individuals to whom this section applies. Sections 41.27c1ii and iii are updated to clarify that these categories only cover aliens classifiable under INA sections 101a15Ai;
101a15Aii; 101a15Gi;
101a15Gii; 101a15Giv; 8
U.S.C. 1101a15Ai;
1101a15Aii; 1101a15Gi;
1101a15Gii; 1101a15Giv, and not to aliens classifiable under INA
section 101a15Aiii or INA section 101a15Gv; 8 U.S.C.
1101a15Aiii or 8 U.S.C.
1101a15Gv. Aliens classifiable under INA section 101a15Giii, 8
U.S.C. 1101a15Giii, are covered in a new 22 CFR 41.27c1iv. Because of the addition of a new 22 CFR
41.27c1iv, the numbering for subsections following 22 CFR
41.27c1iv is updated.
Section 41.26c is also updated to include the requirement of presenting a diplomatic passport or its equivalent for all subsections of 22 CFR 41.26c, consistent with 22 CFR 41.104d, which requires that every applicant for a diplomatic type visa present a diplomatic passport or the equivalent thereof.
Regulatory Findings Administrative Procedure Act This rule is exempt from notice and comment under the foreign affairs exception of the Administrative Procedure Act APA, 5 U.S.C.
553a1. As the federal agency responsible for carrying out U.S. foreign policy, the Department has exclusive authority to determine when an applicant can be issued a diplomatic type or official type visa. As discussed above, INA section 101a11 defines a diplomatic visa as a nonimmigrant visa bearing that title and issued to a nonimmigrant in accordance with such regulations as the Secretary of State may prescribe. 8 U.S.C. 1101a11. The Department exercises its statutory discretion when issuing diplomatic type visas. Issuance of diplomatic type visas is limited to a narrow category of individuals holding certain positions
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