DHS Proposes Rule on Additional Enrollment in US-VISIT

July 28, 2006

The Department of Homeland Security (DHS) has just published a proposed rule in the Federal Register today to extend the US-VISIT requirements to all foreign nationals excepting Canadian citizens applying for admission as B1/B2 visitors for business or pleasure. Those subject to US-VISIT may be required to provide fingerscans, photographs, or other biometric identifiers upon arrival at, or departure from, the U.S. Currently, only those entering the U.S. with a nonimmigrant visa or those traveling without a visa under the Visa Waiver Program are subject to US-VISIT requirements, with certain exceptions. Several large classes of non-U.S. citizens will be affected by this change in the regulations, including: lawful permanent residents (green card holders); individuals seeking admission on immigrant visas; refugees and asylees; certain Canadian citizens who receive a Form I-94 at inspection or who require a waiver of inadmissibility; non-citizens paroled into the U.S.; and those applying for admission under the Guam Visa Waiver Program.

Those entering at air and sea ports will be subject to biometric data collection and US-VISIT processing during the primary inspection. Those coming to the U.S. at land border ports will be processed through US-VISIT in secondary inspection area after passing though an initial inspection. Lawful residents of the U.S. entering through land ports will go through biometric collection only if they are referred to secondary inspection by the primary inspecting officer. Should you wish to submit a comment upon this proposed rule, it must be received on or before August 28, 2006. Written comments must be submitted on or before August 28, 2006. You may submit comments identified by Docket Number DHS- 2005-0037 by one of the following methods: Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting the comments. All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. Written comments may be submitted to Michael Hardin or Craig Howie, Senior Policy Advisors, US-VISIT, Department of Homeland Security; 1616 North Fort Myer Drive, 18th Floor, Arlington, VA 22209.