keep PART 40—REGULATIONS PERTAINING TO BOTH NONIMMIGRANTS AND IMMIGRANTS UNDER THE IMMIGRATION AND NATIONALITY ACT, AS AMENDED
Provides definitions and interpretive guidance for consular officers implementing Immigration and Nationality Act provisions related to visa eligibility, inadmissibility grounds, waivers, and procedural requirements.
This is purely interpretive guidance clarifying existing statutory requirements, not substantive regulation creating new costs. Deleting it would introduce legal uncertainty and inconsistency in visa adjudication, increasing transaction costs through unpredictable outcomes and potential litigation. The underlying statutory restrictions would remain, but without this guidance, consular officers would lack uniform standards, undermining rule of law and creating arbitrary enforcement that harms both applicants and American individuals/businesses relying on predictable visa processing.