Immigration Law Help
New Passport Initiative by Federal Agencies Will Affect Travel to Mexico and CanadaThe Departments of State and Homeland Security recently announced a new passport initiative. The new Travel Initiative will require all U.S. citizens, Canadians, citizens of the British Overseas Territory of Bermuda, and citizens of Mexico to have a passport or other accepted secure document to enter or re-enter the United States by January 1, 2008. The passport (U.S. or foreign) will be the document of choice for entry or re-entry. The proposed implementation timeline is as follows:
- December 31, 2005 – Passport or other accepted document required for all travel (air/sea) to or from the Caribbean, Bermuda, Central and South America.
- December 31, 2006 – Passport or other accepted document required for all air and sea travel to or from Mexico and Canada.
- December 31, 2007 – Passport or other accepted document required for all air, sea and land border crossings.
The State Department has published the Final Rule amending 22 CFR 41.61 and 41.62 regarding students and exchange visitors.
Consular officials must verify
- SEVIS generated forms I-20 and DS-2019 against SEVIS data in the Consular Consolidated Database, and
- the payment of the applicable SEVIS fee
Border Commuter Students (F-3 and M-3) are subject to SEVIS reporting requirements.
For more information, see the State Department's public notice.
The State Department recently announced the extension of the Visa Mantis clearance for international students and scientists. Visa Mantis is the process used to screen against illegal transfer of technology.
For F-1 Students the Visa Mantis clearance will be valid for a maximum of four years. For H Temporary Workers and J Exchange Visitors the Visa Mantis clearance will be valid for a maximum of two years. Previously, such clearances were valid for one year. See the State Department press release.
Electronic Completion and Storage of Form I-9
On October 30, 2004, President Bush signed into law legislation allowing employers to electronically complete and store Form I-9 (Employment Eligibility Verification Form). The law is not yet effective. If the Department of Homeland Security does not issue implementing regulations, the law will automatically become effective within 180 days after the date it was signed.
Visa Waiver Program Changes
Under the Visa Waiver Program citizens of 27 countries (mainly from Europe and Asia) are permitted to travel to the United States for business or pleasure without a visa. Since October 26th all visa waiver travelers must possess a machine-readable passport for entry into the United States. Currently, inspecting officers have discretion to issue a one-time exemption to a visa waiver traveler without the proper passport. A second entry will not be permitted without the required machine readable passport. For more information see Fact Sheet: Machine-Readable Passport Requirement
H1B Changes Reflected in 2005 Omnibus Appropriations Bill (H.R. 4818)
New Exemption Benefiting Graduates seeking Employment in the Private SectorEach year a cap is established limiting the number of H-1B visas which may be issued by the Department of Homeland Security. The cap does not apply to employers that are institutions of higher education.Under the Omnibus Appropriations Bill passed by Congress, certain individuals will be exempt from the H-1B cap. 20,000 foreign nationals holding master’s degrees or Ph.D.’s from American universities will not be counted towards the H-1B cap. This will raise the number of available H-1Bs without increasing the cap amount.
New Fraud Fee
A new Fraud Fee will be required in addition to other fees and will apply to employers filing an initial petition for H-1B, or for change of status or change of employer petition. The new Fraud Fee will apply to petitions filed on or after March 8, 2005. For more information see the USCIS press release December 9, 2004
Additional Resources
U.S. Citizenship & Immigration Services
