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US-VISIT Program
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What is US-VISIT? Effective January 5, 2004, US-VISIT, the United States Visitor and Immigrant Status Indicator Technology Program, is in place at 115 airports in the United States, Canada, Caribbean and Europe, and at 15 seaports in the United States and Canada. (The complete list can be found at: http://www.dhs.gov/interweb/assetlibrary/US-VISITAirports1-2-20032.pdf) This program applies to foreign nationals entering the United States on temporary visas, not permanent residents ("green card holders") or persons from countries included in the Visa Waiver Program. The program requires collection of biometric data (fingerprint and digital photo) from noncitizens on arrival in the United States. If departing the United States via an airport or seaport equipped with the necessary equipment, the visitor will be required to “checkout.” Failure to provide the biometrics on arrival or failure to “checkout” may affect the individual’s ability to gain or regain admission to the United States. This program is to be in effect for all ports of entry, land, sea and air, by December 31, 2005. Who does it affect? US-VISIT applies to noncitizens applying for admission to the United States with a nonimmigrant visa. It does not apply to persons seeking admission to the United States under the Visa Waiver Program. For example, a national from the United Kingdom entering the United States on a visa waiver (90 day card) would not be subject to US-VISIT. But the same individual entering the United States on a work or travel visa (e.g., H-1B or B-2) would have to comply with the requirements of US-VISIT. Persons under 14 and over 79 years of age and persons who are admitted on A-1, A-2, A-3, C-3 (except for personal employees of accredited officials), or NATO 1-6 visas are excepted from the requirements of US-VISIT. Additional classes of noncitizens may be determined to be exempt from these requirements. Persons subject to Special Registration or NSEERS (National Security Entry Exit Registration System) and citizens of Iraq, Iran, Syria, Libya and Sudan must continue to register on entry and exit from the United States. What is required? Arrival: On arrival at designated air and seaports, the individual will be requested to provide two fingerprints on an inkless device and a digital photograph will taken. This information, in addition to the usual review of documents, will be used to determine whether the individual should be admitted to the United States. All nonimmigrant noncitizens will be issued a Form 1-94 (Arrival Departure Record) unless exempt. Individuals traveling by air or sea must return the I-94 on departure unless the I-94 is issued for multiple entries. Departure: If the individual leaves via an air or seaport that has a workstation or kiosk so equipped, the individual’s travel documents are scanned, the photograph compared and new fingerprints provided on the same inkless device. Currently, exit kiosks are located in the airport in Baltimore, MD and at the Miami seaport. The individual is not required to depart from an air or seaport that has the scanning workstation. Travelers not subject to NSEERS may depart from any port but are advised to keep some kind of record or evidence that he or she did leave the United States. Individuals who are subject to NSEERS must still depart through specific ports and undergo special departure procedures. What about visa waiver entrants? Although US-VISIT does not require fingerprints and photographs of the millions of tourists who visit the United States each year under the Visa Waiver Program, it does require that these entrants obtain Machine Readable Passports, which will be scanned at entry. As of October 26, 2004, travelers participating in the Visa Waiver Program must start providing machine-readable, tamper-resistant passports that contain biometric standards unless the passport is unexpired and was issued before October 26, 2004. Citizens of some of the Visa Waiver Program countries, as noted below, must already present machine readable passports. Visa Waiver Program - Participating Countries
Note: Countries in bold above with the (MRP) designation had to have machine-readable passports (MRP) as of October 1, 2003 for travelers to enter the U.S on the visa waiver program. Belgium has had an MRP requirement for visa waiver travelers since May 15, 2003. What about Canadian and Mexican citizens? The US-VISIT program does not currently apply to foreign nationals who enter the United States through land ports of entry. The rule does apply to Canadian and Mexican citizens who enter through the designated air and sea ports. At present, biometrics will not be collected on Canadians citizens who travel on temporary visits to the United States or who do not apply for admission on a nonimmigrant visa. Currently, Mexicans must present visas, a Border Crossing Card (BCC), or other evidence of their immigration status to enter the United States. Entry with a BCC already requires a biometric match. Mexicans entering with a nonimmigrant visa will be required to provide fingerprints and a photograph. Consequences for employers and their employees At present, the Department of Homeland Security anticipates that the collection of biometric data will only add fifteen (15) seconds to the entry/ admission process. This prediction seems a bit optimistic for anyone who has waited in a line at an airport since September 11, 2001. Employees who are subject to the biometric collection should plan on additional time at the airport and between flights. The biometric collection of the US-VISIT program is part of an effort by the Department of State and the Department of Homeland Security to create mutually accessible databases. Given the massive amount of data to be coordinated, employers and employees should plan on the occasional system failure, e.g., departure and arrival information not coordinated; computer error indicating no biometric match. Employers should advise employees to keep their own record of their entry and departure from the United States and to return the Form I-94 on departure. This evidence might prevent an employee from being denied admission to the United States or otherwise jeopardizing his or her visa status. Employees should be advised that failure to participate in the US-VISIT program could affect their eligibility for future visas, admission to the United States, or maintenance of status for immigration purposes. Helpful Websites (Date revised: March 2004)
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