Immigration Law Advisory - Stricter Identification Requirements at US Borders

On April 5, the Departments of State and Homeland Security announced the “Western Hemisphere Travel Initiative” to further secure America’s borders.  After January 1, 2008, all entrants into the United States—including U.S. citizens, as well as citizens of Canada, Bermuda, and Mexico—will be required to show a passport or “other” accepted secure documents.  Travelers to and from the Caribbean, Bermuda, Panama, Mexico, and Canada will be required to have a passport or other secure, accepted document to enter or re-enter the United States.  Advance notice was released to ensure optimal preparation time before 2008.  Travelers without passports should plan to secure appropriate entry documents well before the January 1, 2008, deadline. 

The passport ( US or foreign) will be the entry document of choice.  However, other potentially acceptable documents are being explored, such as a Border Crossing Card, or “laser visa,” the Customs and Border Protection Secure Electronic Network for Travelers Rapid Inspection (SENTRI), the NEXUS card, and finally, the Free and Secure Trade (FAST) program card.  All of these documents will establish the citizenship and identity of the bearer, allow electronic data verification and checking, and include security features.  All approved documents will include biometrics that provide immediate authentication and expedite entry.

Feedback regarding the Western Hemisphere Travel Initiative is being encouraged and should be directed to the Department of Homeland Security and the Department of State.  Indeed, President Bush has instructed the Secretary of State and Department of Homeland Security officials to see if there is enough flexibility to accommodate regular travelers such as truckers and tourists.

H-1B Visa Situation Still Unclear; Regulations to be Published Soon

Though the Citizenship and Immigration Services (CIS) soon will begin issuing an additional 20,000 H-1B visas for highly-skilled foreign workers, it has not yet been determined when employers may submit petitions for these visas and which foreign workers will qualify for these visas.  In December 2004, President Bush signed the H-1B Visa Reform Act of 2004 which created 20,000 additional H-1B visas for foreign graduates of U.S. universities who have obtained a Master’s degree or higher.  This was welcome news for many U.S. employers who rely on foreign professional workers to complement their workforce.  The 2005 quota of 65,000 H-1B visas was reached on the first day of the 2005 fiscal year, leaving U.S. employers in a difficult and uncertain situation. 

But in March 2005, shortly before the 20,000 additional visas were to become available, the CIS announced that the additional visas would not be issued as determined by Congress, and, if and when the visas were issued, they would not be limited to applicants with advanced U.S. degrees.  Today, more than a month after the H-1B visas were to be released to allow U.S. employers to hire skilled foreign nationals, the situation remains unresolved, leaving employers perplexed and worried.

Last week, CIS officials stated that the regulations outlining eligibility for the additional visas will be published soon in the Federal Register.  A CIS spokesman said the requirements for the additional visas will be clear in the regulation and indicated that the March announcement discounting the advanced degrees was premature.  The regulation also should clarify when, where, and how employers should file petitions for the additional H-1B visas.

For additional information, please contact Lynda Zengerle (lzengerle@steptoe.com) or Joan Claxton (jclaxton@steptoe.com).