LPRs Prepare your Fingers!
On Thursday, December 18, 2008, Department of Homeland Security issued a final rule that will subject US VISIT requirements to nearly all immigrants, including Lawful Permanent Residents. The rule was introduced on August 31, 2004 when DHS issued an interim rule, and was finalized after receiving comments to the interim rule. The Final Rule takes effect January 18, 2008.
Currently, all “international visitors” including those travelling on a non-immigrant visa or visa waiver travelers, are required to submit biometrics at the visa issuing post (consulate) or port of entry. Biometrics are fingerscans, photographs, or other biometric identifiers taken at the port of entry. After January 18, 2009, LPR’s and nearly all other aliens will also be subject to the US VISIT requirements.
Exceptions:
- Canadian citizens seeking short-term admission for business or pleasure under B visas
- Individuals traveling on A and G visas
The following individuals were exempt in the 2004 Rule and are still exempt:
- Visitors admitted on an A-1, A-2, C-3, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, or NATO-6 visa
- Children under the age of 14
- Persons over the age of 79
- Classes of visitors the Secretary of State and the Secretary of Homeland Security jointly determine shall be exempt
- An individual visitor the Secretary of State and the Secretary of Homeland Security or the Director of Central Intelligence Agency jointly determine shall be exempt
- Taiwan officials who hold E-1 visas and members of their immediate families who hold E-1 visas.
Helpful Links:
The Final Rule published in the Federal Register
DHS Announcement of Final Rule
AILA Response Regarding Concerns about Final Rule
Tags: Final Ruling
President Bush announced that passport holders from seven new countries don’t need to obtain b1/b2 (business/tourist) visas to enter the US: the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea Before entering on a VW, make sure you know the rules.
http://www.whitehouse.gov/news/releases/2008/10/20081017-5.html
Cirque Dreams
I saw my first Cirque du Soleil show tonight (Jungle Fantasy) which was breathtaking, beautiful, artistic, and inspiring. I looked through the Cast in the Playbill, and noticed that almost all the artists were Russian, Ukranian, or Mongolian. Oddly enough, all I could think was O-1 or P visas!!!
Their international talent was a testament not only to the capacity of the human spirit, body and mind, but also to the benefits of maintaining the steady flow of talent through our Visa system.
I shudder when I think of the loss to the US of talent and potential of every individual destined for greatness who isn’t lucky enough to have a visa number available to him/her. This year I saw doors closed to many bright, motivated individuals seeking H-1b visas. Will our immigration system re-calibrate to accomadate the foreign talent aching to crossing our borders?
Tags: H-1B, O Visa, P Visa
Obtaining the proper Visa can be a very confusing process. I love the challenge of trying to strategize, and although I am extraordinarily optimistic, I always consider the worst case scenario when determining the appropriate visa option. Here’s a good mind bender to warm you up to the beauty of immigration law:
Client is currently on an 18 month J-1 trainee visa, wants to leave the US for a short vacation after 12 months on the J, and re-enter to begin his US Masters degree program. His wife is on an H-1B. So what is the best strategy? When does his J-1 officially end? On which visa should he return? Where should he get his visa? Will the consulate issue him a visa or even grant him an appointment as a Third Country National?
This is typical of the type of issues I face at work. Just when you think you are following all the rules, you find out there are so many more ways to unintentionally break them…
It’s almost time to start preparing for my “super secret immigration web tools” segment of this blog. In the meantime, thanks to the ingenuity of Japanese gardening techniques, as well as globalization and technology transfer, I introduce the TOMATOBERRY!
Tags: confusion, j-1, veggies, Visas