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withhold as to a specific firm, or aliens who: Are applying for visas as Historically, Department guidance otherwise restrict the exemptive relief temporary visitors for business or generally discouraged consular officers granted in this Order, as appropriate pleasure (B–1/B–2); are from countries from exercising their authority to and as permitted by law, on its own with high visa overstay rates; and require visa bonds under INA section motion. The process by which the already have been approved by DHS for 221(g)(3), as reflected in guidance Commission may terminate relief is set an inadmissibility waiver. Because this published in Volume 9 of the Foreign forth in § 30.10(c).12 is a visa bond program, aliens traveling Affairs Manual (9 FAM), section 403.9– The Commission will continue to under the Visa Waiver Program fall 8(A) Bonds Should Rarely Be Used,1 monitor the implementation of its outside the scope of the Pilot Program, which states, ‘‘[t]he mechanics of program to exempt firms located in as those travelers do not apply for visas. posting, processing and discharging a jurisdictions generally deemed to have a The Pilot Program is designed to apply bond are cumbersome,’’ and notes comparable regulatory program from the to nationals of specified countries with possible misperception of a bond application of certain of the foreign high overstay rates to serve as a requirement by the public. The Pilot futures and option regulations and will diplomatic tool to encourage foreign Program will help the Department make necessary adjustments if governments to take all appropriate assess the operational feasibility of appropriate. actions to ensure their nationals timely posting, processing, and discharging visa bonds, in coordination with DHS, Issued in Washington, DC, on November 2, depart the United States after making 2020, by the Commission. temporary visits. The Pilot Program will to inform any future decision concerning the possible use of visa Robert Sidman, run for six months. During that period, bonds to address overstays. The Pilot Deputy Secretary of the Commission. consular officers may require nonimmigrant visa applicants falling Program responds to the President’s Note: The following appendix will not within the scope of the Pilot Program to initiative to lower visa overstay rates, as appear in the Code of Federal Regulations. post a bond in the amount of $5,000, reflected in the April 22, 2019, $10,000, or $15,000 as a condition of Presidential Memorandum on Appendix to Foreign Futures and visa issuance. The amount of the bond, Combating High Nonimmigrant Options Transactions—Commission should a bond be appropriate, will be Overstay Rates 2 (the Presidential Voting Summary determined by the consular officer Memorandum), the threat to U.S. On this matter, Chairman Tarbert and based on the circumstances of the visa interests described in the Presidential Commissioners Quintenz, Behnam, Stump, applicant. Memorandum; and the high nonimmigrant overstay rates for and Berkovitz voted in the affirmative. No DATES: Commissioner voted in the negative. nationals of certain countries. Effective Date: This temporary final [FR Doc. 2020–24658 Filed 11–23–20; 8:45 am] Under the Pilot Program, visa bonds rule is effective from December 24, 2020 may be required from certain applicants BILLING CODE 6351–01–P through June 24, 2021. for B–1/B–2 visas who are nationals of Pilot Program Dates: The Pilot listed countries that have overstay rates Program will run for six months, from of ten percent or higher in the combined DEPARTMENT OF STATE December 24, 2020 through June 24, B–1/B–2 nonimmigrant visa category, as 2021. reported in the DHS Fiscal Year 2019 22 CFR Part 41 FOR FURTHER INFORMATION CONTACT: Entry/Exit Overstay Report (DHS FY [Public Notice: 11218] Megan Herndon, Senior Regulatory 2019 Overstay Report), and who have been approved for a waiver of RIN 1400–AE99 Coordinator, Visa Services Directorate, Bureau of Consular Affairs, Department ineligibility by DHS under INA section Visas: Visa Bond Pilot Program of State; telephone (202) 485–7586, 212(d)(3)(A) (8 U.S.C. 1182(d)(3)(A)). [email protected]. Visa bonds will be posted with U.S. AGENCY: Department of State. Immigration and Customs Enforcement SUPPLEMENTARY INFORMATION: ACTION: Temporary final rule. (ICE) via ICE Form I–352, Immigration I. Executive Summary of Pilot Program Bond. DHS regulations at 8 CFR 103.6 SUMMARY: This temporary final rule currently provide for the posting, provides for a U.S. Department of State This temporary final rule establishes processing, and cancellation of such (Department) visa bond pilot program a Pilot Program under section 221(g)(3) visa bonds. DHS/ICE will collect all (Pilot Program) with specified of the Immigration and Nationality Act, bonds and retain all fees in the instance parameters. The purpose of the Pilot as amended (INA) (8 U.S.C. 1201(g)(3)), that a bond is breached. which authorizes consular officers to Program is to assess the operational II. Purpose of This Rule feasibility of posting, processing, and require the posting of a Maintenance of discharging visa bonds, in coordination Status and Departure Bond (visa bond) The Department is publishing this with the Department of Homeland by an alien applying for, and otherwise temporary final rule (TFR) to establish Security (DHS), to help assess the eligible to receive, a business visitor/ the Pilot Program, including: (1) The burden on government agencies and tourist (B–1/B–2) visa, when a visa bond criteria for identifying visa applicants identify any practical challenges related is required ‘‘to insure that at the who will be required to post visa bonds; to visa bonds. The Pilot Program does expiration of the time for which such (2) three levels for the amount of the not aim to assess whether issuing visa alien has been admitted . . . or upon bond, with the level to be selected by bonds will be effective in reducing the failure to maintain the status under the consular officer based on an number of aliens who overstay their which [the alien] was admitted, or to applicant’s individual circumstances; temporary business visitor/tourist (B–1/ maintain any status subsequently and (3) the duration of the Pilot B–2) visa. Visa applicants potentially acquired under section 1258 of this title 1 subject to the Pilot Program include (INA section 248), such alien will depart https://fam.state.gov/FAM/09FAM/ from the United States.’’ The Pilot 09FAM040309.html. 2 https://www.whitehouse.gov/presidential- 12 17 CFR 30.10(c). See 85 FR 15359 (Mar. 18, Program will begin on December 24, actions/presidential-memorandum-combating-high- 2020). 2020, and end on June 24, 2021. nonimmigrant-overstay-rates/.

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Program. The Pilot Program will help used to assess the effectiveness of visa overstays annually among foreign the Department assess the operational bonds for reducing overstays. nationals admitted to the United States feasibility of posting, processing, and at an air or sea port of entry as III. Background discharging visa bonds, in coordination nonimmigrant visitors for business or with DHS, which will inform any future A. Foreign Policy Justification pleasure on a B–1 or B–2 visa, excluding decision concerning the possible use of The Presidential Memorandum notes travelers from Mexico, Canada, and Visa visa bonds to address the national that the number of aliens who overstay Waiver Program (VWP) participating 10 security and foreign policy objectives their period of lawful admission is countries has increased in recent articulated in the Presidential unacceptably high for nationals of years, based on statistics published by Memorandum, which declares the certain countries and concludes that, DHS. For fiscal years beginning with Administration’s commitment ‘‘to ‘‘individuals who abuse the visa process 2015, DHS has published an ‘‘Overstay securing the borders of the United States and decline to abide by the terms and Report’’ with a broad range of statistics and fostering respect for the laws of our conditions of their visas, including their relating to ‘‘overstays,’’ which DHS country, both of which are cornerstones visa departure dates, undermine the defines, for purposes of these reports, as of our Republic.’’ 3 The Presidential integrity of our immigration system and ‘‘a nonimmigrant who was lawfully Memorandum highlights the fact that harm the national interest.’’ 6 admitted to the United States for an visa overstay rates are unacceptably Furthermore, overstays ‘‘place authorized period but stayed in the high for nationals of certain countries United States beyond his or her significant strain on Department of 11 and concludes that, ‘‘individuals who Justice and Department of Homeland authorized admission period.’’ As abuse the visa process and decline to Security resources.’’ 7 The volume of explained in the report, if a abide by the terms and conditions of overstays highlights this concern. DHS nonimmigrant timely applies for an their visas, including their visa reported to Congress in the DHS FY extension of the authorized period of departure dates, undermine the integrity 2019 Overstay Report that,‘‘[a]t the end admission or applies to change or adjust status, the authorized period of of our immigration system and harm the of FY 2019, there were 574,740 4 admission may be extended, thereby national interest.’’ Suspected In-Country Overstays’’ (i.e., avoiding overstay status. The reports for aliens who remained in the country past The Presidential Memorandum fiscal years 2015 through 2019 include the end of their authorized stay and had directs the Secretary of State, in statistics on foreign nationals who yet to depart the country) among consultation with the Attorney General entered the United States at an airport nonimmigrants admitted through air or and the Secretary of Homeland Security, or seaport of entry as nonimmigrant to provide the President with sea ports of entry.8 Studies reviewing data covering visitors for business or pleasure on a B– recommendations to reduce B–1 and B– 1 or B–2 visa, excluding travelers from periods before DHS began publishing 2 nonimmigrant visa overstay rates from Mexico, Canada, and VWP participating overstay data (the first DHS Overstay countries with a total overstay rate countries. For fiscal year 2015, DHS Report covered FY 2015) have suggested greater than ten percent, and further reported a total of 228,783 overstays that the number of overstays has directs the Secretary of State and the among this category of nonimmigrant exceeded land border apprehensions for Secretary of Homeland Security to take, visitors, including ‘‘out-of-country’’ several years and that, over the past ‘‘appropriate actions that are within the overstays (i.e., those who departed some decade, unauthorized migration is scope of their respective authorities to time before the end of FY 2015) and in- attributable more to visa overstays than reduce overstay rates for all classes of country overstays (i.e., those who 5 to unauthorized border crossings.9 nonimmigrant visas.’’ The Department remained in the United States at the end intends to use the results of the Pilot Furthermore, the number of total of FY 2015).12 The number of such Program to assess the operational 6 overstays grew in each of the feasibility of posting, processing, and Id. consecutive years, to 287,107 for FY 7 Presidential Memorandum at Section 1(a). discharging visa bonds, in coordination 13 14 8 ‘‘Fiscal Year 2019 Entry/Exit Overstay Report’’ 2016, to 301,716 for FY 2017, to with DHS, which will inform any future prepared by DHS and submitted to Congress 305,215 for FY 2018,15 and finally to decision concerning the possible use of pursuant to Section 2(a) of the Immigration and 320,086 for FY 2019.16 visa bonds to address visa overstay Naturalization Service Data Management Section 2 of the Presidential rates, relative to operational Improvement Act of 2000 (Pub. L. 106–215, 114 Memorandum directed the Secretary of Stat. 337, June 15, 2000) (DHS FY 2019 Overstay considerations. Determining operational Report), found at https://www.dhs.gov/publication/ State to engage with the governments of feasibility of posting, processing, and entryexit-overstay-report. In the Report, DHS further countries with a total overstay rate discharging visa bonds focuses on explained that by the end of December 2019, the greater than ten percent in the combined assessing the burdens such a program number of Suspected In-Country Overstays for FY 2019 decreased to 497,272, due to departures and 10 places on government agencies and adjustments of status by aliens in that population. The Visa Waiver Program is described in INA identifying challenges that might arise The report explains that overstay statistics reported 217 (8 U.S.C. 1187). 11 from the interagency process for do not take into account diplomats and other DHS Fiscal Year 2019 Entry/Exit Overstay implementing visa bonds. The purpose representatives, crewmembers, aliens in transit, and Report, https://www.dhs.gov/publication/entryexit- section 1367 special-protected classes, because they overstay-report (DHS FY2019 Overstay Report), at does not include, and this Pilot Program have ‘‘unspecified authorized periods of stay and Section III(C). is not designed for, determining the legal protections.’’ DHS FY 2019 Overstay Report at 12 Id. at page 14, Table 2. effectiveness of visa bonds at reducing Section III(C). 13 DHS Entry/Exit Overstay Report for Fiscal Year overstays. This Pilot Program evaluates 9 See Blas Nun˜ ez-Neto, ‘‘Visa Overstays Outsize 2016, https://www.dhs.gov/publication/entryexit- overstay-report, at page 13, Table 1. the operational challenges, rather than Role in Unauthorized Migration,’’ Homeland Security Policy Paper #2, Harvard Kennedy School 14 DHS Entry/Exit Overstay Report for Fiscal Year the outcome. The Department Belfer Center, at https://www.belfercenter.org/sites/ 2017, https://www.dhs.gov/publication/entryexit- recognizes that, because of the limited default/files/files/publication/HSP%20Paper overstay-report, at page 12, Table 1. scope of the Pilot Program, it cannot be %20Series-Visa%20Overstays_0.pdf, citing Robert 15 DHS Entry and Exit Overstay Report for Fiscal Warren and Donald Kerwin, ‘‘Beyond DAPA and Year 2018, https://www.dhs.gov/publication/ DACA: Revisiting Legislative Reform in Light of entryexit-overstay-report, at page 13, Table 1. 3 Presidential Memorandum section 1(a). Long-Term Trends in Unauthorized Immigration to 16 DHS Entry/Exit Overstay Report for Fiscal Year 4 Id. the United States,’’ Journal on Migration Human 2019, https://www.dhs.gov/publication/entryexit- 5 Presidential Memorandum at Section 2. Security 3, no. 1 (Mar. 2015), 80–108. overstay-report, at page 20, Table 1.

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B–1 and B–2 nonimmigrant visa 1. INA Provisions ‘‘[a]lthough 22 CFR 41.11(b)(2) permits category, based on the DHS FY 2019 Section 221(g)(3) of the INA (8 U.S.C. consular officers, in certain cases, to Overstay Report. By focusing the Pilot 1201(g)(3)), authorizes consular officers require a maintenance of status and Program on certain countries identified to require the posting of a bond by an departure bond, it is Department policy in the DHS FY 2019 Overstay Report as alien applying for, and otherwise that such bonds will rarely, if ever, be used.’’ The FAM section indicates that having overstay rates of ten percent or eligible to receive, a business/tourist (B– this policy relies, in part, on an higher among aliens admitted to the 1/B–2) visa ‘‘to insure that at the assessment that ‘‘[t]he mechanics of United States for business or pleasure expiration of the time for which such posting, processing and discharging a (B–1/B–2) via air and sea ports of alien has been admitted . . . or upon bond are cumbersome.’’ The Pilot entry,17 the U.S. Government sends a failure to maintain the status under Program will help the Department message to all countries that high which [the alien] was admitted, or to assess the operational feasibility of overstay rates may result in measures maintain any status subsequently posting, processing, and discharging that negatively affect broad categories of acquired under section 1258 of this title visa bonds, in coordination with the (INA section 248), such alien will depart their nationals, thereby encouraging Department of Homeland Security, and countries to take action to encourage from the United States.’’ INA section inform any future decision concerning their nationals to comply with U.S. 221(g)(3) (8 U.S.C. 1201(g)(3)), the possible use of visa bonds to address immigration law. By establishing the implicitly recognizes that there is no overstays. The Pilot Program will Pilot Program, the U.S. Government guarantee that an alien will depart in a constitute an exception to that general focuses on travelers who are nationals timely fashion, even when an applicant guidance with respect to the categories of: Afghanistan, Angola, Bhutan, is found otherwise eligible for the visa. of aliens covered by the Pilot Program, Burkina Faso, Burma, Burundi, Cabo Consequently, this INA section during the six month duration of the Verde, Chad, Democratic Republic of contemplates that it may be appropriate Pilot Program. the Congo (Kinshasa), Djibouti, Eritrea, to require a bond when an applicant is IV. Parameters of the Pilot Program the Gambia, Guinea-Bissau, Iran, Laos, otherwise eligible for a visa. Liberia, Libya, Mauritania, Papua New 2. Department Regulations The Pilot Program will last six Guinea, Sao Tome and Principe, Sudan, months, beginning on the effective date Department regulations regarding visa Syria, and Yemen,18 thereby sending a of this TFR. The program will be limited bonds include 22 CFR 41.11(b)(2), to aliens who are: (1) Applying for B– message to those countries in particular which provides that, ‘‘[i]n a borderline regarding the relevant overstay rates of 1/B–2 nonimmigrant visas; (2) nationals case in which an alien appears to be of a listed country with an overstay rate their nationals. By its design and otherwise entitled to receive a visa intention, the Pilot Program is a tool of of ten percent or higher per the DHS FY under INA section 101(a)(15)(B) or (F) 2019 Overstay Report; 19 diplomacy, intended to encourage and (3) but the consular officer concludes that ineligible for a visa, but have been foreign governments to take all the maintenance of the alien’s status or approved for a waiver of ineligibility by appropriate actions to reduce the the departure of the alien from the DHS under INA section 212(d)(3)(A), 8 overstay rates of their nationals when United States as required is not fully U.S.C. 1182(d)(3)(A). Covered visa traveling to the United States for assured, a visa may nevertheless be applicants will be required to post a temporary visits. As such, the rule issued upon the posting of a bond with bond in the amount of $5,000, $10,000, properly is described as a component of the Secretary of Homeland Security or $15,000, unless the bond requirement U.S. foreign policy and involving a under terms and conditions prescribed is waived. These parameters are foreign affairs function. by the consular officer.’’ Additionally, explained below. 22 CFR 41.31(a)(1) references consular B. Legal Framework Underlying the Pilot officer authority to require bonds from A. Countries With High Overstay Rates Program applicants for visas for temporary visits For purposes of the Pilot Program, the As detailed below, the INA grants, for business or pleasure (B–1/B–2) countries with visa overstay rates of ten and Department regulations implement, whose departure ‘‘does not seem fully percent or higher were determined consular officer authority to require assured.’’ These regulations reinforce based on the DHS FY 2019 Overstay bonds in appropriate circumstances; the broad scope of the statutory Report, which was published May 13, 20 however, historically, as a matter of authority of the Department and 2020. The Pilot Program focuses only policy, Department guidance has consular officers to require bonds to on visa overstays by nonimmigrants of listed nationalities. Those countries of discouraged consular officers from help ensure the timely departure from nationality were determined based on exercising their authority to require the United States of any visitor on a B– 1/B–2 visa, when the alien is otherwise DHS published data on overstays by bonds. See 9 FAM 403.9–8(A) Bonds eligible for a visa, because an alien’s nationals of the country admitted to the Should Rarely Be Used. departure after entering the United United States for business or pleasure States can never be fully assured at the (B–1/B–2 nonimmigrant status) via air 17 This analysis excluded nationals of Canada, time of visa issuance or admission to and sea ports of entry. The data set Mexico, and countries that participate in the Visa Waiver Program, because, among other reasons, the this country. excluded Canada, Mexico, and countries procedures or requirements for B–1/B–2 status for participating in the VWP.21 The 3. FAM Guidance nationals of those countries differ from nationals of countries covered by the Pilot Program other countries and generally do not involve Despite the regulatory foundation for are: Afghanistan, Angola, Bhutan, applying for visas. consular officers to issue visa bonds, 18 Although Palau had an overstay rate of 15%, according to the DHS FY19 Overstay Report, it is historically, as a matter of policy, the 19 https://www.dhs.gov/sites/default/files/ _ _ excluded from the Pilot Program due to its unique Department has discouraged consular publications/20 0513 fy19-entry-and-exit-overstay- circumstances, which permit its citizens to travel report.pdf. officers from exercising their authority 20 and apply for admission to the United States as to require bonds, as reflected in volume Id. nonimmigrants without visas, based on the 21 Eligibility for the Visa Waiver Program includes Compact of Free Association Approval Act (Pub. L. 9 of the Foreign Affairs Manual at strict limits on overstay rates. INA section 217(c)(3) 99–658, 100 Stat. 3672, Nov. 14, 1986). section 403.9–8(A), which provides, (8 U.S.C. 1187(c)(3)).

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Burkina Faso, Burma, Burundi, Cabo the Pilot Program would not require a Protection (CBP) officers at the port of Verde, Chad, Democratic Republic of volume of bonds that might cripple entry and typically lasts a matter of the Congo (Kinshasa), Djibouti, Eritrea, consular sections overseas. months, with a maximum of one year the Gambia, Guinea-Bissau, Iran, Laos, for business visitors pursuant to 8 CFR B. Applicants Requiring DHS Waivers of Liberia, Libya, Mauritania, Papua New 214.2(b)(1), and typically six months for Ineligibility Guinea, Sao Tome and Principe, Sudan, tourists, in accordance with 8 CFR Syria, and Yemen.22 The DHS FY 2019 As noted above, the purpose of the 214.2(b)(2). In contrast, F visa Overstay Report report provides data on Pilot Program is to assess the applicants generally are admitted for the departures and overstays, by country, operational feasibility of posting, duration of their status, pursuant to 8 for foreign visitors to the United States processing, and discharging visa bonds, CFR 214.2(f)(5), which commonly is who were expected to depart in FY 2019 in coordination with DHS, to inform any multiple years. Because the Pilot (October 1, 2018–September 30, 2019). future decision concerning the possible Program will last only six months, F–1 For purposes of the DHS FY 2019 use of visa bonds to address overstays. nonimmigrant students, who are in most Overstay Report and this Pilot Program, The Department estimates that the cases likely to be authorized to remain a ‘‘visa overstay’’ is an alien who was parameters selected for the Pilot in the United States for multiple years, lawfully admitted to the United States Program would result in 200–300 visas would be unlikely to complete the bond and remains in the United States being issued following the posting of cycle (which ends with cancellation or beyond the period of admission visa bonds, under normal travel breach of the bond), during the six- authorized by DHS. The initial conditions, with the actual number month duration of the Pilot Program. To authorized admission period is a fixed likely to be lower if travel is limited due help assess whether the bond process is period determined by DHS at the time to executive actions or unusual and operationally feasible, the Department B–1/B–2 visa holders apply for unpredictable circumstances. The needs the results of State and DHS admission to the United States, but in Department believes the operational experience at all stages of the bond some circumstances, admission periods feasibility of the visa bond process, as process. B–1/B–2 visas issued to may be extended by application to U.S. described above, can be assessed on the applicants covered by the Pilot Program Citizenship and Immigration Services basis of a relatively small number of will be annotated to reflect the visa (USCIS) for an extension of stay or cases. Furthermore, the Department bond requirement. That annotation may change or adjustment of status. The believes even if the burden of requiring be taken into account by CBP when threshold of a ten percent overstay rate visa bonds makes doing so operationally considering the appropriate authorized was based on Section 2 of the nonfeasible, requiring bonds in the period of admission. relatively small number of cases Presidential Memorandum, which D. Bond Waiver Authority directed the Secretary of State to engage anticipated under this pilot program with the governments of countries with will allow the Department and DHS to Section 41.11(c)(3) of the a total overstay rate greater than ten complete the Pilot Program without Department’s regulations in title 22 CFR percent in the combined B–1 and B–2 causing significant disruption to day-to- grants the Deputy Assistant Secretary day operations. Accordingly, the for Visa Services discretionary authority nonimmigrant visa category based on Department is limiting the Pilot Program to waive the bond requirement, for an the DHS FY 2018 Overstay Report. Before developing the parameters for to aliens for whom DHS has granted a alien or a category of aliens, if the this Pilot Program, the Department waiver of inadmissibility, relative to the Deputy Assistant Secretary assesses that engaged with the governments of pending B–1/B–2 visa application, to a waiver would not be contrary to the countries with high overstay rates in the help ensure the volume of cases covered national interest. Waivers may be combined B–1 and B–2 nonimmigrant by the Pilot Program remains relatively recommended by consular officers, if visa category to identify conditions small. Furthermore, the applicants they believe a waiver would advance a covered by the Pilot Program would not humanitarian interest, based on the contributing to high overstay rates be eligible for visas unless a consular applicant’s stated purpose of travel, or among nationals of those countries and officer or the Department exercises a national interest, based on the stated considered methods to address those discretion to recommend a waiver of purpose of travel and the applicant’s conditions, as required by the inadmissibility and DHS, at its employment. Because all visa applicants Presidential Memorandum. In countries discretion, grants the waiver. Selecting will be presumed to want a waiver of where other tools are not sufficiently this criterion for the Pilot Program is not the bond requirement, and because the effective at reducing overstays, arbitrary; the covered applicants (those only information that might be provided deployment of an additional tool, like a requiring a DHS waiver of by an applicant that would be relevant visa bond, may be warranted. In setting inadmissibility) are distinguishable to a waiver decision is the applicant’s the ten percent threshold, the from other applicants issued visas in purpose of travel and possibly Department also considered the number accordance with U.S. law, because their employment, which already is requested of countries that would be implicated at actions or particular circumstances from all applicants, there will be no the different overstay threshold levels, rendered them otherwise ineligible for bond waiver application process. what impact their inclusion might have visas. on the Pilot Program generally, and E. Bond Amounts what impact alternative thresholds C. B–1/B–2 Visa Applicants Only In accordance with the statutory and would have on the volume of bonds that Although INA section 221(g)(3) (8 regulatory framework described above, would be required. For the Pilot U.S.C. 1201(g)(3)), authorizes consular the Department, through consular Program, the Department wanted to be officers to require visa bonds from officers, has broad authority to require certain that, if the visa bond process applicants for B–1/B–2 visas and F a visa applicant to post a bond in such does prove to be unduly cumbersome, (student) visas, the Pilot Program is sum and with such conditions as would limited to B–1/B–2 visa applicants, help ensure thealien’s timely departure 22 Id., Table 3 at page 23. For reasons explained in footnote 18, above, Palau is excluded from the because their authorized period of stay from the United States. To promote the Pilot Program, despite having an overstay rate of of after admission to the United States is efficiency of the Pilot Program and 15 percent. fixed by DHS Customs and Border avoid arbitrary and inconsistent bond

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amounts, the Department is setting breaches a bond would generally forfeit procedures for posting a cash bond or guidelines for the bond amount. the obligor’s bond amount, which could arranging for a U.S. Government- Because INA section 221(g)(3) (8 U.S.C. be used, in part, to reimburse the U.S. approved surety company to post the 1201(g)(3)), indicates consular officers government for expenses incurred in the bond on the applicant’s behalf and (2) must consider each visa applicant’s collection of breached bonds and for ICE Form I–352, Immigration Bond. personal circumstances in setting the expenses associated with the detention DHS regulations at 8 CFR 103.6 bond amount, by its reference to the of illegal aliens, necessitated by the currently provide for the posting, consular officer prescribing a bond’s alien overstaying his or her visa.23 DHS/ processing, and cancellation of such sum and conditions to be sufficient to ICE will collect all bonds and retain the visa bonds. insure ‘‘such alien will depart from the funds, as appropriate, in the instance After advising an applicant that he or United States’’ in a timely manner, the that a bond is breached. she must post a bond, the consular Department is providing consular officer will deny the visa under INA F. Duration of Pilot Program officers three options for bond amounts: section 221(g) (8 U.S.C. 1201(g)), but $5,000, $10,000, and $15,000. The The Department will conduct the that denial may be overcome if a bond Department believes these three levels Pilot Program for six months, beginning in the required amount is duly posted will provide consular officers sufficient on December 24, 2020. The Department with ICE on the visa applicant’s behalf. discretion to require, in each case, a determined, in consultation with DHS, After being informed by DHS that a bond in an amount that is sufficiently that six months is an adequate period to bond has been posted, the consular large to insure the applicant does not ensure that multiple visa applicants will section where the visa applicant applied overstay, but not so burdensome as to be have completed the full bond cycle, will rely on contact information unpayable, taking into account the visa from the visa interview, through travel provided by the applicant to contact the applicant’s circumstances. to the United States, to a final applicant regarding the final process to Consular officers will be expected to determination of bond cancellation or complete the visa adjudication. If the set the bond amount at $10,000, unless breach. Experience with each of the consular officer subsequently the officer has reason to believe the visa steps of the bond cycle is necessary to determines the applicant remains applicant’s circumstances would render assess the operational feasibility of otherwise eligible for a visa, taking into the applicant unable to pay that amount posting, processing and discharging a account the DHS approval of a waiver (but yet remain sufficiently financed to visa bond, in coordination with the of inadmissibility under INA section pay all travel expenses through the Department of Homeland Security. 212(d)(3) (8 U.S.C. 1182(d)(3)), the period of intended stay in the United Following the end of the six-month officer will issue the visa, valid for a States), in which case the bond would period of the Pilot Program, consular single entry within three months of the be set at $5,000. Alternatively, if the officers no longer will require the date of visa issuance, with an applicant’s circumstances, including the posting of bonds based on the guidance annotation indicating the posting of a nature and extent of the applicant’s set out in this TFR; however, any visa visa bond. This limited visa validity contacts in the United States, would bonds posted as part of the Pilot period is necessary to increase the suggest a $10,000 bond would not be Program will remain in effect until likelihood travel is completed within a sufficient to insure the applicant would either breached or cancelled, in time frame conducive to data gathering timely depart the United States, the accordance with terms and conditions from the Pilot Program. The visa officer would require a $15,000 bond as set out on ICE Form I–352, Immigration annotation will alert CBP officers at a condition of visa issuance. In making Bond, even after the six-month period ports of entry that the applicant is such determinations, consular officers has ended. covered by the Pilot Program. If, upon will take into account the totality of the V. Visa Bond Procedures Under the further review, the consular officer circumstances, including any Pilot Program determines the applicant is not eligible information provided by the visa for the requested visa for reasons not applicant on the visa application or in Following a visa interview, a consular covered by the waiver granted by DHS the visa interview regarding the officer will determine if an applicant is relative to the current visa application, applicant’s purpose of travel, current otherwise eligible for a visa following the consular officer will deny the visa employment, income, skills, and the approval of a waiver of and the obligor on the bond will be education. inadmissibility by DHS under INA entitled to cancellation of the visa bond. The consular officer’s three options section 212(d)(3) (8 U.S.C. 1182(d)(3)), Following the timely departure from for bond amounts were set following and if the applicant falls within the the United States of a visa holder for consultations with DHS. In setting the scope of the Pilot Program. If the whom a bond was posted, the visa amounts, the Department took into consular officer does not have reason to holder may pursue cancellation of the consideration costs associated with believe a waiver of the bond bond. A visa bond will be canceled if removal, including the full Immigration requirement would advance a the visa holder substantially performs Enforcement Lifecycle cost (including significant national interest or with respect to the terms and conditions mission support costs) ending with humanitarian interest, based on the of the bond as set forth in paragraph removal, as computed by DHS at applicants purpose of travel and G(4) of Form I–352. Conversely, a visa approximately $14,000 per alien, and employment, as described in the visa bond will be breached when there has the total cost per alien associated with application and during the visa been a substantial violation of the terms just the removal process, computed by interview, then the consular officer will and conditions set forth in paragraph DHS as $2,194. The Department viewed inform the applicant of the bond G(4) of Form I–352. There are various these costs as relevant, because an alien requirement and the amount of the ways a visa holder may demonstrate who overstays his or her visa and must required bond, whether $5,000, $10,000, substantial performance of the terms be removed requires the U.S. or $15,000. The officer will present to and condition of the bond. For example, government to incur immigration the applicant: (1) A notice generally visa holders who present themselves to enforcement-related costs that otherwise explaining the bond requirement and consular officials outside of the United would not be incurred. For the purposes States within 30 days of their departure of the Pilot Program, an alien who 23 8 U.S.C. 1356(r)(3). from the United States, confirm their

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identify, and provide information still receive the amount of any accrued States, directly implicating relationships demonstrating that they departed the interest on the cash bond. between the United States and the United States on or before the expiration Following the end of the six-month specific countries whose nationals may of their authorized period of stay will period of the Pilot Program, consular be subject to the Pilot Program. The have substantially complied with the officers no longer will require the Pilot Program is being studied as a visa bond requirements, so long as they posting of bonds based on the guidance potential diplomatic tool to encourage maintained the conditions of their status set out in this TFR; however, any bonds foreign governments to take all while admitted to the United States. posted under the Pilot Program will appropriate actions to ensure that their Where a visa holder pursues that course, remain in effect until either breached or nationals timely depart the United information received by the consular cancelled in accordance with their States after making temporary visits. officer will be forwarded to ICE, which terms of issuance. Therefore, this temporary final rule is responsible for determinations of For visa applicants required to post a clearly and directly impacts the foreign whether a bond has been breached visa bond, an ICE Form I–352 must be affairs functions of the United States pursuant to 8 CFR 103.6(c)(3), based on submitted to, and approved by, ICE. All and ‘‘implicat[es] matters of diplomacy whether there has been ‘‘substantial terms and conditions set out on ICE directly.’’ City of N.Y. v. Permanent performance’’ of all the terms and Form I–352 applicable to visa bonds Mission of India to the U.N., 618 F.3d conditions of the bond. shall apply. The obligor on the bond, 172, 202 (2d Cir. 2010). When presenting themselves to whether a person who posts a cash bond The foreign-affairs exception covers consular officials outside the United on behalf of the visa applicant or a the temporary final rule, as it is ‘‘linked States, visa holders may confirm their surety company that posts the bond, intimately with the Government’s identity by presenting a passport and will be informed if the visa applicant overall political agenda concerning responding to such questions as the fails to comply with the terms of the relations with another country.’’ Am. consular officer deems necessary to visa bond and, consequently, the bond Ass’n of Exporters & Importers-Textile & confirm identity. There are no particular has been breached. The procedures for Apparel Grp. v. United States, 751 F.2d documents required to demonstrate determining and enforcing a breach are 1239, 1249 (Fed. Cir. 1985). timely departure from the United set out on ICE Form I–352 and in DHS The Pilot Program is a tool of States.24 An obligor on a visa bond also regulations, including 8 CFR 103.6. diplomacy to influence actions by may request bond cancellation once the certain foreign governments that are a visa expires, if the visa holder did not Appeal of a Bond Breach Determination high priority of the President, as travel to the United States. Generally, The rights relating to the appeal of an reflected in the Presidential pursuant to 8 CFR 103.6(c)(3), the bond ICE determination of a bond breach, Memorandum, and important to the should be canceled when there has been including which rights would accrue relationship between the United States ‘‘substantial performance of all after ICE issues a breach determination and those countries. By requiring visa conditions imposed by the terms of the on Form I–323, are detailed in the bonds for certain visa applicants from bond.’’ The obligor on any canceled instructions on ICE Form I–352 and the listed countries with overstay rates cash bond will be entitled to a full USCIS Form I–290B. for B–1/B–2 visa holders that are ten refund, along with any accrued interest. percent or higher, the Pilot Program If a visa holder for whom a bond was VI. Regulatory Findings aims to encourage those countries to posted fails to substantially comply Administrative Procedure Act (APA) cooperate with the United States in ensuring timely departure of their with the terms and conditions set forth This temporary final rule is exempt in paragraph G(4) of Form I–352, the citizens/nationals from the United from notice and comment under the States. The Department’s focus on these bond will be considered breached, and foreign affairs exception of the the amount deposited as security for the countries will demonstrate the United Administrative Procedure Act (APA), 5 States’ intolerance of high overstay rates bond with ICE will be forfeited. If the U.S.C. 553(a). This temporary final rule bond is breached, the bond obligor will and encourage the foreign governments codifies a necessary change to U.S. to cooperate in addressing overstays by foreign policy, including its visa policy. 24 While no particular documents are required to their nationals. Accordingly, this demonstrate timely departure, travelers may present In the Presidential Memorandum, temporary final rule is properly viewed to the consular officer a variety of information, President Trump referred to countries as one that ‘‘clearly and directly including but not limited to: with overstay rates greater than ten involve[s] activities or actions 1. Original boarding passes used to depart the percent in the combined B–1 and B–2 characteristic to the conduct of United States; nonimmigrant visa category, based on 2. Photocopies of entry or departure stamps in a international relations.’’ Capital Area passport indicating entry to another country after the DHS FY 2018 Overstay Report, as Immigrants’ Rights Coal. v. Trump, No. departure from the United States (the traveler having high overstay rates and ordered CV 19–2117, 2020 WL 3542481,*18 should copy all passport pages that are not the Secretary of State to take action to (D.D.C. June. 30, 2020). completely blank, and include the biographical address those high overstay rates, in Additionally, undesirable page containing his or her photograph); and 3. Photocopies of other supporting evidence, such consultation with the Attorney General international consequences would as: and the Secretary of Homeland Security. follow if the temporary final rule were a. Dated pay slips or vouchers from an employer See Presidential Memorandum at subjected to a notice and comment to indicate work in another country after departure Section 2. Reducing the incidence of period, because a limited number of from the United States, aliens remaining in the United States countries had an overstay rate of ten b. Dated bank records showing transactions to indicate presence in another country after departure beyond their authorized period of stay percent or higher in FY 2019, so notice from the United States, has, particularly since issuance of the and comment would invite those c. School records showing attendance at a school Presidential Memorandum, involved countries to publish views on matters outside the United States after departure from the worldwide diplomatic engagement that are sensitive and inherently United States, and between the United States and foreign governmental, and require a public d. Dated credit card receipts showing the response from the U.S. government to traveler’s name, with the credit card number governments. The subject matter of this deleted, for purchases made after leaving the United temporary final rule directly involves a country-specific concerns. Thus, States. foreign affairs function of the United opening the temporary final rule to

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notice and comment would likely lead Executive Order 12866 number of visa applicants subject to the to ‘‘the public airing of matters that The Department of State has reviewed bond, for a total of $3,000,000, if surety might enflame or embarrass relations this rule to ensure its consistency with companies were to charge 100 percent with other countries.’’ Zhang v. Slattery, the regulatory philosophy and of the bond amount and all applicants 55 F.3d 732, 744 (2d Cir. 1995), principles set forth in Executive Order posted surety bonds, rather than cash superseded on other grounds by statute, 12866. This rule allows the Department bonds. 8 U.S.C. 1101(a)(42). to set out the scope and procedures for The estimated amount of time needed a Pilot Program under which consular for an average respondent to complete Regulatory Flexibility Act/Executive ICE Form I–352 is thirty minutes (.50 Order 13272: Small Business officers will require a visa bond in the amount of $5,000, $10,000, or $15,000, hours) per response. See 84 FR 44913. The estimated additional time burden The Regulatory Flexibility Act, 5 as determined appropriate by the associated with this temporary final rule U.S.C. 601 et seq., requires agencies to consular officer as a condition of visa for visa applicants, who will have to perform an analysis of the potential issuance for certain aliens applying for complete an ICE Form I–352, arrange for impact of regulations on small entities visas as temporary visitors for business the posting of a bond, and return to a when regulations are subject to the or pleasure (B–1/B–2). The Pilot consular section following their notice and comment procedures of the Program is designed to assess the departure from the United States, is two APA. Because this temporary final rule operational feasibility of posting, hours. Using the average hourly wage is exempt from notice and comment processing, and discharging visa bonds, for all private, non-farm, payrolls as rulemaking requirements under 5 U.S.C. in coordination with the Department of 553, it is exempt from the regulatory calculated by the Bureau of Labor Homeland Security (DHS), including the Statistics for March 2019, $27.70, flexibility analysis requirements set burden it will place on the government forth by the Regulatory Flexibility Act (5 multiplied by a factor of 1.479 (to and the challenges associated with account for overhead costs) gives a U.S.C. 603 and 604). Furthermore, this implementation of a bond program. It is temporary final rule will not have a fully-loaded wage of $40.97. That wage not designed to assess the effectiveness multiplied by the estimated time burden significant economic impact on a of visa bonds in effectuating timely substantial number of small entities. of two hours per visa applicant for 300 departure from the United States. The applicants yields a total burden on Therefore, a regulatory flexibility result will inform any future decision analysis under the Regulatory applicants of $24,582 in time plus up to on the possible use of visa bonds for $3,000,000 for bond costs, for a total to Flexibility Act, as amended, is not combatting high nonimmigrant visa required. applicants of $3,024,582. overstays which is a priority announced During the time that this temporary Unfunded Mandates Act of 1995 in the Presidential Memorandum on final rule is in effect, surety companies Combating High Nonimmigrant will need to learn about the Pilot The Unfunded Mandates Reform Act Overstay Rates issued on April 22, 2019. Program and its requirements. The of 1995, 2 U.S.C. 1532, generally Based on a review of visa statistics Department consulted DHS requires agencies to prepare a statement from recent years, the Department has representatives to benefit from their before proposing any rule that may determined that the number of experience in this area and, based on result in an annual expenditure of $100 nonimmigrants expected to fall within that consultation, estimates and million or more by State, local, or tribal the scope of the Pilot Program will not assumes that: each Treasury-certified governments, or by the private sector. be greater than 200 to 300. That estimate surety company currently issuing This temporary final rule does not is based on normal travel conditions, immigration bonds will conduct a require the Department to prepare a with the actual number likely to be regulatory review; this task is equally statement because it will not result in lower if travel is limited due to likely to be performed by either an in- any such expenditure, nor will it executive actions or unusual and house attorney or by a non-attorney at significantly or directly affect small unpredictable circumstances. If visa each surety company; it will take eight governments, including State, local, or bonds are required for 300 visa hours for the regulatory review by either tribal governments, or the private sector. applicants, and the average bond is an in-house attorney or a non-attorney, This temporary final rule involves visas $10,000 (from options of $5,000, such as an insurance agent (or for aliens, and does not directly or $10,000, and $15,000), the initial cost of equivalent), at each surety. To calculate substantially affect State, local, or tribal bonds will be $3,000,000. However, the familiarization costs, the estimated governments, or businesses. assuming all nonimmigrants for whom review time of eight hours was Congressional Review Act of 1996 bonds are posted comply with the terms multipled by the average hourly loaded and conditions of the bond, the actual wage rate of an attorney and an The Office of Information and bond amount is a temporary insurance agent, $73.26.25 The Regulatory Affairs has determined that expenditure that will be fully refunded, this temporary final rule is not a major with applicable interest, if cash bonds 25 This represents an average of an in-house rule as defined in 5 U.S.C. 804, for are posted. If surety bonds are posted, attorney’s fully loaded hourly wage rate and an purposes of congressional review of then the cost to nonimmigrants for insurance agent’s fully loaded hourly wage rate. whom bonds must be posted would Bureau of Labor Statistics, Occupational agency rulemaking. This temporary final Employment Statistics May 2018, Standard rule will not result in an annual effect depend on the contractual arrangements Occupational Code 23–1011 Lawyers, Mean hourly on the economy of $100 million or underlying each surety bond. Due to the wage $69.34, http://www.bls.gov/oes/2018/may/ more; a major increase in costs or prices; lack of precedent for this visa bond oes231011.htm. The fully loaded wage rate is program, the Department does not have calculated using the percentage of wages to total or significant adverse effects on compensation, found in the Bureau of Labor competition, employment, investment, data to substantiate any estimate of the Statistics, Employer Costs for Employee productivity, innovation, or on the cost to nonimmigrants for whom surety Compensation June 2018, Table 5. Employer costs ability of United States-based bonds are posted; however, the per hour worked for employee compensation and maximum possible amount likely would costs as a percent of total compensation: private companies to compete with foreign industry workers, by major occupational group, based companies in domestic and be the full amount of the average bond Management, Professional, and related Group, import markets. multiplied by the maximum estimated Continued

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familiarization cost per surety company costs associated with the activities of its incremental costs of all regulations was calculated to be $586.08 (8 hours × personnel. should be no greater than zero’’ in FY $73.26). For FY 2019, nine sureties The Office of Management and Budget 2017 and, for subsequent years, no posted immigration bonds with ICE. The (OMB) has determined that this is a greater than a total amount of total estimated regulatory significant, though not economically incremental costs that the director of the familiarization cost for all sureties significant, regulatory action under Office of Management and Budget currently issuing immigration bonds Executive Order 12866. As such, OMB (OMB) determines. This temporary final was calculated to be $5,275 ($73.26 × 8 has reviewed this regulation rule is exempt from the Executive hours × 9 sureties). accordingly. Order, however, because it is de minimis. The total Government cost associated Executive Order 13563 with this rule is $70,911. That amount Paperwork Reduction Act includes printing costs, the collection Along with Executive Order 12866, and processing burden for each form, Executive Order 13563 direct agencies This temporary final rule does not and additional work from consular to assess costs and benefits of available impose any new reporting or officers. The total printing costs equates regulatory alternatives and, if regulation recordkeeping requirements subject to to $225, which is estimated by is necessary, to select regulatory the Paperwork Reduction Act, 44 U.S.C. multiplying the maximum number of approaches that maximize net benefits Chapter 35. The Department of State aliens subject to the Pilot Program under (including potential economic, will rely on form I–352 from the the temporary rule (300) by the cost of environmental, public health and safety Department of Homeland Security, OMB printing two forms per response for effects, distributed impacts, and equity). Control Number 1653–0022, to $0.75. The collection and processing of The Department has reviewed the implement the provisions of this rule. each Form I–352 takes an average of 6 temporary final rule under Executive The Department of Homeland Security hours and will be conducted by a Order 13563 and has determined that has accounted for this use of the form government employee with an average this rulemaking is consistent with the in its information collection requests to hourly wage plus overhead estimated to guidance therein. the Office of Management and Budget. be $28.02. The total cost to the Executive Orders 12372 and 13132— List of Subjects in 22 CFR Part 41 government of collecting and processing Federalism the ICE Form I–352 for bonds issued Administrative practice and under this temporary final rule, This temporary final rule will not procedure, Aliens, Passports and visas. including costs associated with appeals, have substantial direct effects on the For the reasons stated in the cancellation or bond breach, is States, on the relationship between the preamble, the Department amends 22 estimated to be $50,436 ($28.02 × six National Government and the States, or CFR part 41 as follows: hours × 300 bonds). The estimated on the distribution of power and additional time a consular officer with responsibilities among the various PART 41—VISAS: DOCUMENTATION an average hourly wage of $135 will levels of government. Nor will the OF NONIMMIGRANTS UNDER THE expend for each case subject to a bond temporary final rule have federalism IMMIGRATION AND NATIONALITY is 30 minutes. The total cost associated implications warranting the application ACT, AS AMENDED of Executive Orders 12372 and 13132. with additional work from consular ■ 1. The authority citation for part 41 officers is estimated to be $20,250. If a Executive Order 13175—Consultation continues to read as follows: traveler breaches a surety bond posted and Coordination With Indian Tribal Authority: 8 U.S.C. 1101; 1102; 1104; 1182; pursuant to this temporary final rule, Governments ICE will incur some cost in collecting on 1184; 1185 note (section 7209 of Pub. L. 108– The Department has determined that 458, as amended by section 546 of Pub. L. the bond. Because ICE has no reliable this rulemaking will not have tribal 109–295); 1323; 1361; 2651a. basis for estimating the number of implications, will not impose ■ travelers that will post surety bonds, as 2. Amend § 41.11 by adding paragraph substantial direct compliance costs on opposed to cash bonds, or the (c) to read as follows: Indian tribal governments, and will not percentage of travelers posting bonds pre-empt tribal law. Accordingly, the § 41.11 Entitlement to nonimmigrant who will breach the terms of the bond, requirements of Section 5 of Executive status. ICE is unable to estimate the cost Order 13175 do not apply to this * * * * * associated with enforcing bond rulemaking. (c) Visa Bond Pilot Program—(1) breaches. Each agency will bear the Summary. This paragraph (c) establishes Executive Order 12988—Civil Justice a pilot program (Visa Bond Pilot _ http://www.bls.gov/news.release/archives/ecec Reform Program) implementing section 09182018.pdf. Wages are 68.7 percent of total compensation. $100.93 = $69.34/0.687. Bureau of The Department has reviewed the 221(g)(3) of the Immigration and Labor Statistics, Occupational Employment temporary final rule in light of sections Nationality Act (INA). Under the Visa Statistics May 2018, Standard Occupational Code 3(a) and 3(b)(2) of Executive Order Bond Pilot Program, consular officers 41–3021 Insurance Sales Agents, Mean hourly wage 12988 to eliminate ambiguity, minimize will require a Maintenance of Status and $32.64, http://www.bls.gov/oes/2018/may/ oes413021.htm. The fully loaded wage rate is litigation, establish clear legal Departure Bond (Visa Bond) be posted calculated using the percentage of wages to total standards, and reduce burden. with the U.S. Department of Homeland compensation, found in the Bureau of Labor Security, as a condition of visa issuance, Executive Order 13771—Reducing Statistics, Employer Costs for Employee for certain visa applicants. Compensation June 2018, Table 5. Employer costs Regulation and Controlling Regulatory (2) Visa Bond Pilot Program per hour worked for employee compensation and Costs costs as a percent of total compensation: private parameters. Under the Visa Bond Pilot industry workers, by major occupational group, Executive Order 13771 directs all Program, consular officers will require Sales and Office Occupational Group, http:// agencies to repeal at least two existing Visa Bonds be posted by visa applicants www.bls.gov/news.release/archives/ecec_ 09182018.pdf. Wages are 71.6 percent of total regulations for each new regulation who meet the following three criteria: compensation. $45.59 = $32.64/0.716. $73.26 = issued in FY 2017 and thereafter. It (i) Apply for a B–1 and/or B–2 ($45.59 + $100.93)/2. further directs agencies that the ‘‘total nonimmigrant visa;

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(ii) Are nationals of one of the the Visa Bond as set forth in paragraph ACTION: Final rule; cost of living following countries, which had an G(4) of Form I–352. Conversely, a Visa adjustment. overstay rate of ten percent or higher in Bond will be breached when there has Fiscal Year 2019, according to the DHS been a substantial violation of the terms SUMMARY: The Copyright Royalty Judges FY 2019 Overstay Report, https:// and conditions set forth in paragraph announce a cost of living adjustment www.dhs.gov/publication/entryexit- G(4) of Form I–352. To demonstrate that (COLA) to the royalty rate that overstay-report, for B–1/B–2 visa they performed within the bond noncommercial radio stations at certain applicants: Afghanistan, Angola, requirements, visa holders may, for colleges, universities, and other Bhutan, Burkina Faso, Burma, Burundi, example, schedule an appointment at a educational institutions that are not Cabo Verde, Chad, Democratic Republic consular section outside the United affiliated with National Public Radio of the Congo (Kinshasa), Djibouti, States within 30 days of their departure must pay for the use in 2021 of Eritrea, the Gambia, Guinea-Bissau, Iran, from the United States and, after published nondramatic musical Laos, Liberia, Libya, Mauritania, Papua establishing their identity through compositions in the SESAC repertory New Guinea, Sao Tome and Principe, personal appearance and presentation of pursuant to the statutory license under Sudan, Syria, and Yemen; and a passport, provide information to a the Copyright Act for noncommercial (iii) Are granted a DHS waiver of consular officer confirming they broadcasting. inadmissibility under INA section departed the United States on or before DATES: 212(d)(3)(A) prior to visa issuance. the expiration of their authorized period Effective date: December 9, 2020. Consular officers will set the Visa Bond of stay. Upon doing so, visa holders will Applicability dates: These rates are amount at $5,000, $10,000, or $15,000, have substantially performed bond applicable to the period beginning based on a consular officer’s assessment requirements, provided they maintained January 1, 2021, and ending December of which amount is sufficient to ensure the conditions of their status while 31, 2021. the alien will not remain in the United admitted to the United States. Visa States beyond the end of the alien’s FOR FURTHER INFORMATION CONTACT: holders who do not appear at a consular Anita Blaine, CRB Program Assistant, by authorized period of stay, while not section still may ensure cancellation of exceeding what the alien can pay. Visas telephone at (202) 707–7658 or by email the bond if the visa holder substantially at [email protected]. issued under the Visa Bond Pilot complies with the terms and conditions SUPPLEMENTARY INFORMATION: Section Program will be valid for a single entry of the Visa Bond as set forth in 118 of the Copyright Act, title 17 of the to the United States within three paragraph G(4) of Form I–352 and United States Code, creates a statutory months of the date of visa issuance. provides ICE probative documentation license for the use of published (3) Bond waiver authority. The Deputy of timely departure, if required. Visa nondramatic musical works and Assistant Secretary for Visa Services holders who timely file an application may waive the bond requirement, for an published pictorial, graphic, and for extension of stay or change of status alien, country, or a category of aliens, if sculptural works in connection with are not deemed to be in breach of bond. the Deputy Assistant Secretary assesses (5) Appeal of bond breach noncommercial broadcasting. that such a waiver is not contrary to the determination. A determination of a On January 19, 2018, the Copyright national interest. A waiver of the bond breach bond may be appealed in Royalty Judges (Judges) adopted final requirement may be recommended to accordance with instructions on the regulations governing the rates and the Deputy Assistant Secretary for Visa applicable DHS forms governing bond terms of copyright royalty payments Services by a consular officer where the breach determinations and appeal under section 118 of the Copyright Act consular officer has reason to believe rights. for the license period 2018–2022. See 83 the waiver would advance a national (6) Effect on other law. Nothing in this FR 2743. Pursuant to these regulations, interest or humanitarian interest. There paragraph (c) shall be construed as on or before December 1 of each year, will be no procedure for visa applicants altering or affecting any other authority, the Judges shall publish in the Federal to apply for a waiver of the bond process, or regulation provided by or Register notice of the change in the cost requirement. Consular officers will established under any other provision of of living and a revised schedule of the determine whether a waiver would Federal law. rates codified at § 381.5(c)(3) relating to advance a significant national interest or compositions in the repertory of SESAC. humanitarian interest based on the Carl C. Risch, The adjustment, fixed to the nearest applicants purpose of travel and Assistant Secretary for Consular Affairs, dollar, shall be the greater of (1) the employment, as described in the visa Department of State. change in the cost of living as application and during the visa [FR Doc. 2020–24223 Filed 11–23–20; 8:45 am] determined by the Consumer Price interview. BILLING CODE 4710–06–P Index (all consumers, all items) (‘‘CPI– (4) Bond procedures. A Visa Bond U’’) ‘‘during the period from the most required under paragraph (c) of this recent index published prior to the section must be submitted to and LIBRARY OF CONGRESS previous notice to the most recent index approved by DHS. Upon the posting of published prior to December 1, of that such bond, DHS will notify the Copyright Royalty Board year’’ or (2) 1.5%. 37 CFR 381.10. appropriate consular section overseas. The change in the cost of living as Under this Visa Bond Pilot Program, 37 CFR Part 381 determined by the CPI–U during the Visa Bonds will be administered by U.S. period from the most recent index Immigration and Customs Enforcement [Docket No. 20–CRB–0011–PBR (2018– 2022) COLA (2021)] published prior to the previous notice, (ICE) in accordance with regulations, i.e., before December 1, 2019, to the procedures, and instructions Cost of Living Adjustment to Public most recent index published before promulgated by DHS applicable to ICE Broadcasters Compulsory License December 1, 2020, is 1.2%.1 In Form I–352, Immigration Bond. A Visa Royalty Rate Bond will be canceled when a visa 1 On November 12, 2020, the Bureau of Labor holder substantially performs with AGENCY: Copyright Royalty Board, Statistics announced that the CPI–U increased 1.2% respect to the terms and conditions of Library of Congress. over the last 12 months.

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