Immigration Law Advisory

Travel to and from the  United States continues to become increasingly difficult as the U.S. Government struggles with security and terrorism concerns. The U.S. Department of State (DOS) has announced plans to publish regulations this week that will end the visa revalidation process through DOS in  Washington, effective the  July 6, 2004. The move is a step towards implementation of the consular phase of the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) program, which includes a requirement that as of the October 26, 2004, every visa for admission into the United States, regardless of whether it is an employment-based classification or not, will require biometric identifiers such as prints of both index fingers. On  September 30, 2004, the Immigration and Customs Enforcement Bureau (ICE) will roll out the Border Enrollment phase of the program which will track foreigners entering the  United States by recording two digital index finger scans and a digital photograph at the land borders with  Canada and  Mexico.  ICE is currently experimenting with three different US-VISIT processing kiosks to decrease the processing delays and travel disruptions. It is also planning on sending ICE officers to several European countries to meet with transportation carriers and train their personnel with respect to new  U.S. immigration policies.

To date, there are no immediate plans to require enrollment by Canadians or those entering the  United States on Visa Waiver Program (VWP) in US-VISIT. In fact, a bill to extend the current October 26th deadline to implement the requirement that VWP visitors have passports with biometric identifiers is expected to be passed by Congress and signed by President Bush in the next month. This requirement has been the source of great debate since the  United States itself does not currently issue passports to its citizens with biometric identifiers.  

DOS claims to be considering several options to improve the much criticized visa issuance process. Most consular posts are starting to use and / or require the electronic version of the DS-156 visa application form. The DOS is also instructing posts to issue the H-1B and H-2B visa stamps upon approval from the Citizenship and Immigration Services, assuming the applicant otherwise qualifies, in advance of the start date, a change to the current policy which is to issue the stamp only within 10 days of the commencement of the employment. And DOS is phasing out the antiquated cable method of communicating in favor of encrypted electronic messages. Still, the DOS admits problems and delays with heightened security clearance required of applicants from citizens of  Sudan,  Iran,  China,  Cuba,  North Korea,  Saudi Arabia,  Russia, and  Israel. For individuals seeking entry to the  United States to work in certain employment categories related to security issues, the delays in receiving clearance from the Federal Bureau of Investigations (FBI) can be quite significant. We also understand that even after the visa is issued, the FBI will sometimes visit the foreigner at the place of employment in the  United States to ensure compliance with the terms of the visa. 

As the summer travel season approaches and consular offices struggle to deal with the increase in visa applications, we advise all clients to consult the U.S. Consulate website of the country they intend to visit and contact us for assistance if necessary. 

Contact author at:

Lynda  S. Zengerle
202.429.8170
lzengerle@steptoe.com