DOCUMENT NUMBER: FR45-99

FEDERAL REGISTER CITE: 64 FR 42006

DATE OF PUBLICATION: August 3, 1999

BILLING CODE: 4410-10

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 217

[INS No. 2002-99]

RIN 1115-AF99

Adding Portugal, Singapore and Uruguay to the List of Countries

Authorized To Participate in the Visa Waiver Pilot Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

SUMMARY: The Visa Waiver Pilot Program (VWPP) permits nationals from participating countries to apply for admission to the United States for ninety (90) days or less as nonimmigrant visitors for business or pleasure without first obtaining a nonimmigrant visa. This rule amends the Immigration and Naturalization Service (Service) regulations by adding Portugal, Singapore, and Uruguay to the list of countries designated to participate in the VWPP. This action will facilitate travel to the United States and benefit U nited States businesses.

DATES:     Effective date . This interim rule is effective August 9, 1999.

        Comment date . Written comments must be submitted on or before October 4, 1999.

ADDRESSES: Please submit written comments, in triplicate, to the

Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street, NW, Room 5307, Washington, DC 20536. To ensure proper handling, please reference INS No. 2002-99 on your correspondence. Comments are available for public inspection at the above address by calling (202) 514-3048 to arrange for an appointment.

FOR FURTHER INFORMATION CONTACT: Robert F. Hutnick, Assistant Chief Inspector, Inspections Division, Immigration and Naturalization Service, 425 I Street NW, Room 4064, Washington, DC 20536, Telephone number: (202) 616-7499.

SUPPLEMENTARY INFORMATION:

When Was the VWPP Established?

Public Law 99-603

    Section 313 of the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603, dated November 6, 1986, added section 217 to the Immigration and Nationality Act (Act), 8 U.S.C. 1187, which established the VWPP. The VWPP waives the nonimmigrant visa requirement for the admission of certain aliens to the United States for a period not to exceed ninety (90) days. That original provision authorized the participation of eight countries in the Pilot Program.

How Has the VWPP Changed Since It Was Established?

Public Law 101-649

    Section 201 of the Immigration Act of 1990 (IMMACT 90), Pub. L. 101-649, dated November 29, 1990, amended the VWPP by removing the eight-country cap and extending the provisions to all countries that met the qualifying provisions contained in section 217 of the Act. In addition, section 201 of IMMACT 90 also extended the period for the VWPP until September 30, 1994.

Public Law 103-416

    Section 210 of the Immigration and Nationality Technical Corrections Act of 1994, Pub. L. 103-416, dated October 25, 1994, extended the expiration date of the VWPP until September 30, 1996.

Public Law 104-208

    Section 635 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, dated September 30, 1996, amended section 217 of the Act by extending the VWPP until September 30, 1997. This law also named the Attorney General as the principal designator of VWPP countries, eliminated probationary VWPP qualification status, and made countries then in such status (Ireland being the only country) permanent participating VWPP countries subject to the same disqualification crite ria established for other VWPP countries. Ireland has been added as a VWPP country on a probationary basis on March 28, 1995, upon publication of an interim regulation in the Federal Register at 60 FR 15855.

Public Law 105-173

    Pub. L. 105-173 extended the VWPP through April 30, 2000. The law also modified the statutory language relating to low visa refusal rates that could extend the VWPP to additional countries previously unable to qualify.