As many MoneyAMers are visitors or have business in the U.S., I thought the following update from our immigration attorneys in the U.S. may be useful, particularly as there has been a lot of ill-informed stuff in the press recently.

As Summer Holidays Approach,
Foreign Nationals Must Heed Travel Obligations

As the summer season approaches, many foreign nationals begin making
holiday travel arrangements. If you are planning international travel
in the coming months, it is not too early to become aware of potential
immigration issues that could affect your exit from and reentry to the
United States. Due to world events, the U.S. government has implemented
increased security measures at its consulates, embassies and ports of
entry. This Client Alert provides general guidance on procedures,
including visa issuance at U.S. consulates and embassies, security
screening, and the immigration obligations of foreign nationals
traveling to the United States. Because policies and procedures are in
an ongoing state of change, be sure to consult our website at
http://www.fragomen.com for the latest information.

TABLE OF CONTENTS
EXECUTIVE SUMMARY

1. INTERNATIONAL TRAVEL AND REENTRY
2. YOUR TRAVEL DOCUMENTS; CHANGES AND EXTENSIONS OF YOUR STATUS
2.1 Passport Validity
2.2 Machine-Readable and Biometric Passports for Certain Entrants
2.3 Visa Validity
2.4 Suspension of Transit Without Visa (TWOV) Programs
2.5 Advance Parole
2.6 Changes and Extensions of Status
3. VISA ISSUANCE PROCEDURES: INTERVIEWS, BIOMETRICS COLLECTION,
SECURITY CHECKS AND DELAYS
3.1 Visa Issuance Delays
3.2 Personal Interview Requirement
3.3 Biometrics Collection; Issuance of Machine-Readable Visas
3.4 Security and Background Checks
4. ENTRY AND EXIT PROCEDURES AT U.S. BORDERS
4.1 The US-VISIT System
4.2 Special Registration in the National Security Entry-Exit
Registration System
5. REGISTRATION FOR FOREIGN STUDENTS AND EXCHANGE VISITORS
5.1 Documentation of Your Status
5.2 Verification of Your Status
6. ADDRESS CHANGE NOTIFICATION REQUIREMENT FOR ALL FOREIGN NATIONALS


EXECUTIVE SUMMARY

In general, it is important to be aware that policies and procedures are
in a continuing state of transition due to the reorganization of U.S.
immigration services and enforcement functions. On March 1, 2003, the
Immigration and Naturalization Service (INS) was abolished and replaced
by three bureaus of the Department of Homeland Security: U.S.
Citizenship and Immigration Services (USCIS), which is responsible for
the former INS function of adjudicating applications for immigration
benefits; Customs and Border Protection (CBP), which brings together the
Border Patrol, INS inspections services, and Customs Service inspectors;
and Immigration and Customs Enforcement (ICE), which consolidates the
enforcement and investigative arms of the INS, Customs Service, and the
Federal Protective Service. The Department of State continues to be
responsible for visa issuance at U.S. consulates and embassies abroad,
though this responsibility is now shared with and overseen by the
Department of Homeland Security. Delays and changes in procedure can be
expected as the agencies refine their responsibilities.

Though it is not possible to detail every immigration procedure in the
content of this alert, foreign nationals who will travel outside the
United States should be aware of some general travel guidelines, each of
which is discussed in more detail below:

All foreign nationals should ensure that they and their family members
possess the required documentation for travel and reentry to the United
States, including valid passports and visas and advance permission to
travel, where necessary. See Section 2.

All foreign nationals should expect longer and more complex visa
application procedures at the U.S. consulates and embassies, including
new biometrics collection procedures and mandatory personal interviews
for most visa applicants. See Section 3.

All foreign nationals should expect more comprehensive questioning by
immigration officials when reentering the United States. See Section
3.4

Many foreign nationals entering the United States by air and sea will
be subject to the U.S. Visitor and Immigration Status Indication
Technology (US-VISIT) system, a check-in/check-out mechanism that will
track the entry and exit of all foreign visitors to the United States.
Travelers entering the U.S. under the Visa Waiver Program will be
subject to US-VISIT by September 30, 2004. See Section 4.1

Certain individuals who are nationals or citizens of designated
countries will be subject to more heightened security screening and may
be required to be registered in the Department of Homeland Securitys
National Security Entry and Exit Registration System (NSEERS). Foreign
nationals who are registered in NSEERS must be aware of and comply with
departure control rules. See Section 4.2.

Foreign students and exchange visitors must make sure that their
enrollment or program information has been entered into Immigration and
Customs Enforcements Student and Exchange Visitor Information System
(SEVIS). See Section 5.

1. INTERNATIONAL TRAVEL AND REENTRY

In light of worldwide events, the U.S. government has imposed stricter
visa issuance and admission policies, and has granted immigration and
consular officers broad authority to initiate lengthy background and
security checks, conduct personal interviews with visa applicants, deny
visas or reentry, and impose special registration requirements on some
foreign nationals entering the United States. Heightened security
checks are possible at each stage of travel; therefore, if you or your
family members are planning to travel outside the United States, you
should be prepared for possible delay and inconvenience.

Upon application for entry to the United States, you should also expect
more thorough screening procedures at airports and other ports of entry.
Your identity and the validity of your visa will be checked against law
enforcement databases. You may be fingerprinted and photographed upon
entry. You will also be subject to in-depth questioning about your
immigration status, travel history, the purpose of your visit,
background, employment and other issues.

During these entry procedures, you must remain patient. Answer all
questions clearly; if you do not understand a question, make sure that
you ask for clarification before answering. Make sure to comply with
all required entry and exit procedures; if you do not understand the
required procedures, ask for assistance. Omission or misrepresentation
of information, or failure to comply with required procedures, can
result in denial of entry, removal from the United States at a later
date or even possible criminal penalties. If detained, you are not
entitled to legal representation at the port of entry, but may ask for
permission to contact our offices if the need arises. You should simply
explain that contacting FDB&L will allow us in turn to contact the
employer if further information is required.

2. YOUR TRAVEL DOCUMENTS; CHANGES AND EXTENSIONS OF YOUR STATUS

Before traveling internationally, you should verify that your passport
and visa are valid for reentry to the United States, and you should also
ascertain whether you will be required to obtain advance permission to
reenter. Where questions arise on these complex issues, please contact
the FDB&L professional with whom you regularly work.

2.1 Passport Validity

Your passport must be valid for at least six months beyond the period of
admission to the United States. There are some exceptions to this rule.
Under international treaties, many countries have an agreement with the
U.S. whereby a passport is deemed valid for an additional six months
past its expiration date. Also, Canadian citizens generally are not
required to possess a valid passport to enter the U.S. unless they are
entering from outside the Western Hemisphere, although they do need to
present proof of Canadian citizenship. Note, however, that certain
Canadian permanent residents must possess a valid passport for entry to
the United States.

2.2 Machine-Readable and Biometric Passports for Certain Visa Waiver
Program Entrants

The Visa Waiver Program permits citizens of designated countries to
apply for admission to the United States for ninety days or less as
nonimmigrant visitors for business or pleasure without first obtaining a
B-1 or B-2 nonimmigrant visa from a U.S. consular officer. B-1 and B-2
visits are generally short-term and, with very limited exceptions,
cannot involve employment in the United States or the undertaking of an
academic study program. Entrants under the Visa Waiver Program cannot
change their status to another nonimmigrant category, nor can they
extend their stays beyond ninety days, except in very limited
circumstances. The following countries are participants: Andorra,
Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany,
Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco,
Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore,
Slovenia, Spain, Sweden, Switzerland, United Kingdom.

If you are planning to enter the United States as a visitor for business
or pleasure under the Visa Waiver Program (VWP), you should be aware of
current and forthcoming passport requirements.

Machine-Readable Passport Requirement

If you are entering the United States under the Visa Waiver Program, you
may be required to obtain a machine-readable passport (MRP) before
entry. MRPs are documents that conform to international passport
standards and contain biographic data that may be electronically read
and transmitted. Currently, citizens of Andorra, Belgium, Brunei,
Liechtenstein and Slovenia must possess MRPs to make visa-free entry to
the United States. Citizens of the remaining VWP countries will be
required to present MRPs when entering the U.S. under the program on or
after October 26, 2004, absent any postponement of that deadline.

The Visa Waiver Permanent Program Act of October 30, 2000 initially
established a deadline of October 1, 2007 for VWP travelers to present
MRPs for visa-free entry. The USA-PATRIOT Act advanced that deadline to
October 1, 2003, but granted the Secretary of State the authority to
defer the requirement. In September 2003, Secretary of State Colin
Powell exercised the waiver authority and deferred the MRP requirement
for most VWP travelers until October 26, 2004. To date, the waiver has
been granted to the following countries: Australia, Austria, Denmark,
Finland, France, Germany, Iceland, Ireland, Italy, Japan Luxembourg,
Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino,
Singapore, Spain, Sweden, Switzerland, and the United Kingdom.

Foreign nationals planning travel under the VWP should ascertain whether
their passports are machine-readable. Questions about the
machine-readability of a particular passport should be addressed to the
passport-issuing authority in the travelers country of citizenship.
Prospective VWP travelers who are currently subject to the MRP
requirement or will be subject on or after the October 26 deadline
should consider applying for an MRP if they do not yet possess one.
Families and groups should obtain an individual MRP for each traveler,
including infants. Machine-readable passports typically have biographic
data for only one traveler, and families may be denied visa-free entry
if biographic data for only one traveler is machine-readable.

Note that if the travelers the country of nationality does not produce
MRPs or the individual has not obtained one, an application for a B visa
will be necessary. Foreign nationals without machine-readable passports
should plan ahead sufficiently since it is expected that there will be
delays and backlogs at consulates this summer and fall given the new
requirements.

Biometric Passport Requirement

Separate from the machine-readable passport requirement is the biometric
passport requirement. The biometric passport deadline, which was also
set for October 26, 2004, encompasses two initiatives. First, Visa
Waiver Program countries are required to establish programs for the
issuance of tamper-proof passports containing biometric identifiers.
Countries are required to certify that they have established such
programs in order to continue their participation in the VWP on or after
October 26, 2004. Second, VWP travelers will be required to present
passports containing biometric identifiers, though only if the passport
is issued on or after October 26, 2004. VWP travelers whose passports
were issued before that date are not required to possess a biometric
passport, but will still be required to possess a machine-readable
passport if traveling under the VWP on or after October 26, 2004.

Note that the Department of State and the Department of Homeland
Security have asked the U.S. Congress to pass legislation that would
postpone the biometric passport requirement until October 26, 2006. The
request was made because most VWP countries have stated that they will
be unable to meet the deadline for establishment of the biometric
passport program and issuance of biometric passports. Note again,
however, that a deferment of the biometric passport requirement would
not affect the machine-readable passport requirement, which is scheduled
to take effect on October 26, 2004.

2.3 Visa Validity

Upon your entry to the United States, the visa stamp in your passport
must reflect your current nonimmigrant visa status, the visa must be
unexpired and, if the visa has a limited number of entries, it must have
a remaining valid entry available on the intended date of reentry to the
United States. Under certain circumstances, if you are only making a
short trip of 30 days or less to Canada or Mexico and have a valid Form
I-94, your visa is deemed automatically revalidated upon reentry.
However, if you have applied for a new visa while in Canada or Mexico or
are a citizen or national of Cuba, Iran, Iraq, Libya, North Korea, Syria
or Sudan, you will not be accorded automatic revalidation and
consequently will not be readmitted to the United States without
obtaining a new visa abroad. Also, with the exception of treaty traders
and investors, Canadian citizens generally are not required to possess a
valid visa to enter the U.S. Note, however, that new rules require
certain Canadian permanent residents to possess a valid visa for entry
to the United States. You should be aware that visa processing in
countries other than your home country also known as third country
national or TCN processing is still possible, but has become more
restrictive.

For purposes of future planning, note that all visa applicants will soon
be required to appear for fingerprinting and photographs so that
biometric visa stamps required as of October 26, 2004 may be issued.
Many U.S. embassies and consulates have already begun collecting these
biometrics from visa applicants, as discussed below. The new biometric
visa requirement will soon result in the termination of visa
revalidation in the United States, as the State Departments
Revalidation Unit is not equipped to collect biometrics. The Unit will
cease to issue revalidations as of October 26, 2004. It is currently
still possible to apply for visa revalidation; however, given the
lengthy processing times of 10 to 12 weeks or more, applications should
be submitted well in advance of the October 26 termination.

Please also be advised that overstaying the authorized period of your
admission to the United States may cause you to be deemed unlawfully
present or trigger laws that may result in the voidance of your visa.
Foreign nationals who overstay the period of authorized admission, as
notated on the Form I-94 Arrival-Departure Record, for more than 6
months or more than one year may be subject to bars to admission to the
United States of three or ten years, respectively. Overstays of as
little as one day may trigger visa voidance provisions, which would
require the foreign national to return to his or her home country to
apply for a new visa, except in very limited cases. Note that with the
increase in security and information sharing since the events of
September 11, 2001, the Governments electronic databases and tracking
systems have improved markedly, with the result that records of even
brief overstays are now available to Homeland Security and State
Department officers at ports of entry and U.S. consulates.

2.4 Suspension of Transit Without Visa (TWOV) Programs

Effective August 2, 2003, the State Department and Department of
Homeland Security have temporarily suspended two initiatives the
Transit Without Visa (TWOV) and International to International (ITI)
programs that permitted foreign national passengers traveling to
foreign countries to enter the United States for transit purposes
without a visa.

The Transit Without Visa program allowed travelers to travel through the
U.S. to another foreign destination without first obtaining a visa; TWOV
passengers were permitted to stop at up to two U.S. airports during
their travel, subject to full customs and immigration inspection when
first arriving in the United States. TWOV passengers were required to
be scheduled to depart the United States on the same or a connecting
flight within eight hours of arrival or on the next available flight.
The International to International program permitted passengers arriving
from foreign countries to transit through one United States airport on
the way to another foreign designation; ITI passengers were subject to
immigration inspection only, and were required to remain in a secure
holding area usually an international travel lounge until departing
the United States.

The suspension of the programs means that those who would have taken
advantage of TWOV or ITI travel are now required to obtain visas to the
United States. Note that though the program suspensions were intended
to be temporary, no lifting of the suspensions has yet taken place.

2.5 Advance Parole

If you are an applicant for adjustment of status to permanent residence,
you must in some cases obtain an advance parole in order to travel while
your adjustment application is pending. If you already have a valid
H-1B, H-4, L-1A, L-1B or L-2 visa, you may reenter the United States on
that visa, without the need for an advance parole. Note, though, that
the policies concerning H-4 and L-2 nonimmigrant family members who have
been granted and used employment authorization as applicants for
adjustment of status are unresolved; until future guidance is received,
individuals in these statuses should proceed cautiously, and obtain and
use an advance parole for reentry to the United States. FDB&L will
continue to work with Department of Homeland Security officials to
obtain resolution on this issue.

2.6 Changes and Extensions of Status

The Department of Homeland Securitys policies concerning changes and
extensions of status are complex and subject to change; where questions
arise on these sensitive issues, please contact the FDB&L professional
with whom you normally work.

In general, applicants for a change of immigration status should be
aware that traveling during the pendency of the change of status
application will cause the application to be deemed abandoned; though
the underlying petition is still approvable if travel is undertaken, the
applicant will in most situations need to travel abroad to obtain a new
visa outside the United States and then reenter. In contrast, the
Government has taken the position that travel during the pendency of an
application to extend status should not be problematic, provided that
the applicant meets all the requirements for entry. Note, however, that
this policy has not been officially adopted by the DHS, and has only
been verbally communicated by DHS officials. Because your situation may
vary, you should contact the FDB&L professional with whom you normally
work to evaluate the facts and circumstances of your case.

3. VISA ISSUANCE PROCEDURES: INTERVIEWS, BIOMETRICS COLLECTION, SECURITY
CHECKS AND DELAYS

3.1 Visa Issuance Delays

If you are traveling outside the U.S. and will be applying for a visa at
a U.S. consulate or embassy, you should be aware of a number of State
Department security procedures and should also be prepared for delays in
visa issuance. The State Department has warned that visa issuance may
take as long as six to eight weeks; most cases will be processed to
completion in less time, but in some instances, security clearances may
take longer than the stated eight-week period. If you plan to apply for
a visa outside the United States, you should contact the relevant
consulate or embassy for specific information on application procedures
and processing times. Up-to-date consular contact information is
available at http://travel.state.gov/links.html.

3.2 Personal Interview Requirement

You may be required to appear for a personal interview pursuant to your
nonimmigrant visa application. Recent State Department guidelines
substantially broaden the class of nonimmigrant visa applicants required
to appear at consulates for personal interviews. Because the guidelines
represent a dramatic workload increase for the consulates, many have
developed appointment systems for visa applicants; use of these systems
can result in lengthy waits of up to four to six weeks or longer for
visa appointments.

Previously, consular officers were authorized to waive nonimmigrant visa
interviews in many cases. Under the current guidelines, most applicants
will be required to appear for an interview, except in the following
circumstances: (1) where the applicant seeks the renewal of a
previously-issued visa in the same nonimmigrant category at the consular
post of his or her usual residence and where there is no evidence of
visa ineligibility or noncompliance with U.S. immigration laws; (2)
where the applicant is age 16 or younger; (3) where the applicant is age
60 or older; (4) where the applicant seeks certain diplomatic or
official visas; or (5) where waiver of the interview is warranted in the
U.S. national interest or because of unusual circumstances, such as a
medical condition that would prevent the applicant from appearing in
person.

It is important to note that these exceptions are not mandatory;
consular officers are authorized to require a personal interview of any
applicant for a nonimmigrant visa. In addition, notwithstanding any
exemption, personal interviews are required where an applicant (1) does
not reside in the consular district where he or she is making the
application; (2) was previously refused a visa, unless the refusal was
overcome; (3) requires a security advisory opinion or other State
Department clearance, or was the subject of a positive match in the
Consular Lookout and Support System (CLASS); or (4) is identified by the
consular post as belonging to a group or sector of its visa clientele
that has been deemed to be a high fraud risk, have a high visa refusal
rate, or present security risks.

The interview guidelines have caused significant changes in procedure at
consulates and embassies, with some consulates implementing more
flexible policies on personal interviews. The interview requirement has
also caused substantial delays in visa processing. Therefore, you
should contact the consular post at which you will apply for a
nonimmigrant visa in order to obtain the latest information. Consular
contact information is available at
http://travel.state.gov/links.html.

3.3 Biometrics Collection; Issuance of Machine-Readable Visas

If you are applying for a visa at a U.S. consulate or embassy, you may
be required to make a personal appearance at the post so that your
biometrics a face scan and two fingerprints -- can be taken.
Photograph and fingerprint collection procedures have begun to be
implemented at U.S. consulates in anticipation of the October 26, 2004
deadline for consulates to begin issuing machine-readable visas that are
both tamper-resistant and contain biometric identifiers.

It is anticipated that the advent of the biometric visa will signal the
end of waivers of the personal interview requirement for visa
applicants. It may also mean longer waits at consular offices to obtain
visas and the increased use of visa appointment systems. The biometric
visa requirement will also result in the termination of visa
revalidation in the United States, as the State Departments
Revalidation Unit is not equipped to collect biometrics. The Unit will
cease to issue revalidations as of October 26, 2004. It is currently
still possible to apply for visa revalidation; however, given the
lengthy processing times of 10 to 12 weeks or more, applications should
be submitted well in advance of the October 26 termination


3.4 Security and Background Checks

When applying for a visa to the United States, you may also be subject
to additional security and background checks. Though the State
Department has provided only limited information on the circumstances
that will prompt the checks, the following may trigger additional
screening:

Citizenship, Nationality or Country of Birth

Special scrutiny is imposed on male visa applicants between the ages of
16 and 45 who were born in or are nationals or citizens of 26 countries
with high Arab and Muslim populations. Though the State Department has
declined to release the list of countries on national security grounds,
it is thought to include Afghanistan, Algeria, Bahrain, Bangladesh,
Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait,
Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia,
Somalia, Sudan, Syria, Tunisia, the United Arab Emirates, and Yemen. In
addition, nationals or citizens of Cuba and North Korea countries
among those that the U.S. has identified as state sponsors of terrorism
are being subjected to increased scrutiny as well.

Background Information

The State Department requires visa applicants to provide extensive
background information, which may trigger more intensive security
clearances. Currently, males ages 16 to 45, regardless of nationality
or citizenship, are required to complete State Department Form DS-157,
Supplemental Nonimmigrant Visa Application (available at
http://travel.state.gov/DS-0157.pdf), which collects wide-ranging
information on the applicants foreign travel history, education,
military service, weapons and combat training, membership in and
contributions to charitable organizations and other details. While the
form is mandatory for males ages 16 to 45, consulates and embassies have
wide discretion to require all nonimmigrant visa applicants (male and
female regardless of age) to complete it.

Involvement in High-Technology Fields

If you work in high technology, engineering, or the sciences, you should
be prepared to be questioned closely about the details of your job.
This is also true if you work with products or services that have both
commercial and military applications (known as dual use technologies).
Visa delays may result as consular officers seek security advisory
opinions from federal agencies on your work background. If an export
control license is required for your position, you must ensure that your
job activities are within the terms of the license and that your
employer can document your compliance with the license.

Home Country References for Students and Exchange Visitors

All applicants for foreign student visas in the F and M categories and
exchange visitor visas in the J category must complete State Department
Form DS-158, Contact Information and Work History for Nonimmigrant Visa
Applicant (available at http://travel.state.gov/DS-0158.pdf), which
collects information on the applicants family members and employment,
and also requires applicants to provide the names, addresses and
telephone numbers of at least two persons in the country of residence
who can verify information about the applicant. Consular officers may
elect to verify an applicants background information with family
members, current and former employers and other references.

Appearance in National Security and Law Enforcement Databases

Consular officers are required to screen visa applicants through the
State Departments security databases and lookout lists, which contain
the names of individuals identified as security risks. A positive hit
on one of these lists will trigger additional security clearances and
may cause the consular officer to seek guidance from State Department
headquarters on the further handling of the case; as a result, visas may
be delayed or refused. If you believe that your name may appear in one
of these databases, please contact the FDB&L professional with whom you
normally work for assistance.


4. ENTRY AND EXIT PROCEDURES AT U.S. BORDERS

When entering or departing the United States, you may be required to
undergo certain registration procedures depending upon your immigration
status or security profile.

4.1 The U.S. Visitor and Immigration Status Indication Technology
(US-VISIT) System

Many foreign nationals will be required to comply with the entry and
exit requirements of the US-VISIT system, which was launched on January
5, 2004. Described as a "check-in/check-out system," the system
collects biographic information and biometric identifiers on certain
foreign nationals entering the United States, to determine whether an
individual is eligible to enter the United States or should be
prohibited from entering because of security risks such as past visa or
criminal violations or terrorist connections. The system is currently
in operation at over 100 U.S. air and sea ports, and at select
pre-flight inspection stations abroad. By December 31, 2004, the system
will be in place at the fifty most highly-trafficked land ports of entry
and is expected to be operational at all U.S. ports of entry by December
31, 2005.

Who Must Comply with US-VISIT?

Currently, US-VISIT is applicable to nonimmigrant visa holders who are
traveling to or from the United States through a port at which US-VISIT
is in operation. Travelers under the Visa Waiver Program will be
subject to the system by September 30, 2004.

Several groups of travelers are exempt from the system. These include
(1) U.S. citizens and lawful permanent residents; (2) travelers who are
under the age of 14 or over the age of 79; (3) certain individuals who
hold visas in categories for foreign diplomats, employees of
international organizations, travelers in immediate transit through the
United States or NATO representatives and employees; (4) individuals or
classes of foreign nationals who have been exempted by the Department of
Homeland Security, the Department of State or the Central Intelligence
Agency; (5) registrants in the INSPASS program, an advance registration
system for frequent business visitors to the United States; and (6)
individuals who are registered in the National Security Entry-Exit
Registration System (NSEERS, discussed below), unless those individuals
have received an NSEERS waiver.

Entry and Exit Procedures

US-VISIT adds some new steps to the procedures that are undertaken when
a foreign national seeks to enter the United States. All foreign
visitors have their travel documents reviewed by an officer of the
Customs and Border Patrol (CBP) bureau (formerly an Immigration and
Naturalization Service officer); the officer will also interviews the
visitor about the purpose of his or her stay. For many foreign
travelers, this document check and brief interview will be the extent of
their entry process.

Some foreign visitors are required to undergo additional procedures.
If the foreign national is traveling through a port at which US-VISIT
entry procedures are in operation, he or she may be required to provide
fingerprints and photographs. Using an inkless scanner, the CBP officer
records prints of both index fingers, one after the other. The officer
also takes a digital photograph of the visitor. The fingerprint and
photographic data, along with information in the visitors travel
documents are used to verify the visitors identity and will be scanned
against law enforcement and national security lookout lists. Based on
the verification results, the visitor will be admitted to the United
States or asked to undergo further verification. If data in the
verification process indicate possible national security or law
enforcement concerns, the visitor will be referred for additional
screening.

DHS plans to implement exit procedures for foreign visitors on a rolling
basis throughout 2004. Under the anticipated procedures, a foreign
national will check out at an exit kiosk, where departure information
will be automatically reconciled with arrival data to determine whether
the visitor has complied with the terms of his or her visa; the system
will also record a visitors failure to exit. Currently, just two ports
the Baltimore-Washington International Airport and the Miami, Florida,
International Cruise Line terminal have checkout kiosks; foreign
travelers who are subject to US-VISIT and who depart the United States
through one of these ports must comply with the exit procedures.

Foreign nationals planning travel to or from the United States should
take steps to ascertain whether US-VISIT is in operation at their chosen
port of entry or departure. See
http://www.dhs.gov/interweb/assetlibrary/US-VISITAirports1-2-20032.pdf
for a list of US-VISIT-enabled ports.

4.2 Special Registration in the National Security Entry-Exit
Registration System

In September 2002, the U.S. government began registering certain foreign
nationals in the Department of Homeland Securitys National Entry-Exit
Registration System (NSEERS, also known as special registration), so
that these individuals could be tracked and monitored throughout their
stays in the United States. The special registration program authorizes
immigration and consular officials to require any foreign national
deemed a potential security risk to be fingerprinted, photographed and
registered at a port of entry upon arrival in the United States (known
as port-of-entry registration); the program also authorizes the
Department of Homeland Security to require foreign nationals who are
citizens or nationals of designated countries to appear in person at a
DHS office to be registered after entry to the United States (known as
call-in registration).


Who May Be Registered in NSEERS?


If you are a citizen or national of Iran, Iraq, Libya, Sudan or Syria,
you are required to be registered in NSEERS at the port of entry when
you arrive in the United States. Note, however, that an immigration or
consular officer has the authority to register any foreign national at
the port of entry if the officer believes that an individual warrants
further monitoring for national security reasons. In particular, males
age 16 or older who are nationals or citizens of the following countries
are likely to be registered at the port of entry: Afghanistan, Algeria,
Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Jordan, Kuwait, Lebanon,
Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia,
Tunisia, United Arab Emirates and Yemen.

In addition, as noted above, the Department of Homeland Security is
authorized to require foreign nationals who are citizens or nationals of
designated countries to appear in person at a Department of Homeland
Security office to be registered after entry to the United States.
Between September 2002 and April 2003, the DHS administered four
registration call-ins, which affected male nonimmigrants age 16 and
older who are citizens or nationals of Afghanistan, Algeria, Bahrain,
Bangladesh, Egypt, Eritrea, Indonesia, Jordan, Kuwait, Lebanon, Morocco,
North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Tunisia,
United Arab Emirates and Yemen. Lawful permanent residents of the
United States, U.S. citizens, nonimmigrants in the A (foreign diplomats)
or G (employees of international organizations) visa categories,
parolees, grantees of asylum and individuals who applied for asylum
prior to the date of the call-in for their particular country of
citizenship or nationality were exempt from the call-ins. However,
nonimmigrants with dual citizenship in one or more of the listed
countries were required to register. If you believe that you were
required to register during a call-in period but did not meet the
deadline for your country of citizenship or nationality, please contact
the FDB&L professional with whom you usually work.

Though the DHS has issued no new call-in notices since February 2003, it
has the authority to do so at any time. Therefore, please continue to
monitor our firms website at http://www.fragomen.com for up-to-date
information. Also, see
http://www.immigration.gov/graphics/shared/lawenfor/specialreg/index.htm
for DHS information on special registration.

Departure Control for Special Registrants

If you have been entered as a special registrant in NSEERS, either at a
port of entry or pursuant to a call-in, and are planning to travel
outside the U.S., you must be sure to comply with the departure control
rules. As an NSEERS registrant, you may depart the United States only
through a port that has been authorized for departure control. At the
authorized port, you must report to a special departure control office,
where your departure will be verified and your registration will then be
closed. Be aware that departure control offices may have limited hours
of operation and may not be conveniently located to your airline. A
list of authorized ports of entry, with departure control office
locations, hours of operation and contact information, is available at:
http://www.immigration.gov/graphics/shared/lawenfor/specialreg/BLISTOFP.pdf.
Note that the list of ports of entry for NSEERS departure is
substantially different from the list of ports enabled for US-VISIT
departure procedures (discussed above).

Departure control serves to close your registration; if you return to
the United States and are required to register on the subsequent trip, a
new registration cycle, with its accompanying follow-up obligations and
deadlines, begins. Note that failure to comply with departure control
rules may render you inadmissible to the United States should you try to
reenter in the future. Furthermore, a willful failure to report may
subject you to criminal penalties and fines.

Reporting Changes of Address, Employment and School

Special registrants must inform the Department of Homeland Security of
any change in their address, employment or school, within 10 days of any
such change, using Form AR-11SR. However, changes of address that occur
within the first 29 days of a special registrants stay in the United
States do not need to be reported on the form. Likewise, changes of
employment or school that take place within the first 29 days of a
special registrants stay are not required to be reported on the form.
Form AR-11SR is available at
http://www.immigration.gov/graphics/formsfee/forms/ar-11sr.htm.

Note that all foreign nationals, including lawful permanent residents,
are required to inform the Department of Homeland Security of any
changes in address, within 10 days of such change. The standard change
of address notification is made on Form AR-11, available at
http://www.immigration.gov/graphics/formsfee/forms/ar-11.htm, as
discussed below.

Suspension of Automatic Follow-Up Interview Requirements

Under prior procedures, all NSEERS registrants were required to appear
at DHS offices for follow-up interviews at specific intervals during
their stays in the United States. Port-of-entry registrants were
required to appear for a follow-up interview thirty to forty days after
their most recent port-of-entry registration and admission. All NSEERS
registrants were required to appear for an annual follow-up interview
within 10 days of the anniversary of their most recent port-of-entry or
call-in registration.

In a new rule that became effective on December 2, 2003, the Department
of Homeland Security dispensed with these automatic obligations. The
rule does not entirely abolish the interview requirement, but rather
grants Department of Homeland Security officials the discretion to
designate particular NSEERS registrants for follow-up interviews to
determine whether they are in compliance with the terms of their
admission and nonimmigrant visas. Such discretion is to be exercised on
a case-by-case basis.

Upon admission to the United States, all NSEERS registrants will be
informed that they may be required to appear at a designated DHS office
for one or more follow-up interviews at the discretion of DHS. The
interviews may be more frequent than the prior 30-40 day and annual
interviews. Registrants who are selected for follow-up interviewing
will be notified separately. The notification may be by means of a
notice published in the Federal Register, a letter delivered by U.S.
mail or by hand delivery, or an e-mail communication, though DHS is
permitted to make notifications using any means that might reasonably
reach the special registrant.

It is expected that the notification will instruct the foreign national
to appear on a specific date and time at a designated DHS office, unless
other instructions are provided in the notice. According to DHS,
registrants will be given at least 10 days to comply with the notice,
measured from the date that the notice is published or sent to the
registrant. As noted above, registrants may be called to appear for
interviews more frequently than the prior 30-40-day and annual
requirements.

The suspension of the automatic follow-up interview requirement applies
to all individuals who have previously been registered in NSEERS and
those who will be registered in the future. However, it is important to
note that the suspension does not excuse prior failure to register or
appear for follow-up interviews if you were required to do so before
December 2, 2003. If you believe that you were required to appear for
NSEERS registration or a follow-up interview but did not comply, please
contact the FDB&L immigration professional with whom you usually work
for assistance.

Waivers of NSEERS Requirements

Since its inception, the NSEERS program has provided that foreign
nationals may apply for exemptions from certain special registration
obligations; however, program regulations did not clarify the procedures
for these applications. A new rule, effective December 2, 2003, sets
forth a specific application process to obtain relief from departure
control requirements and from future port-of-entry registrations in
NSEERS. The rule also notes that relief may be obtained through the
Department of State (DOS), subject to any procedures that DOS may set
forth. Note that until an application for relief is approved, the
registrant is required to comply with all NSEERS requirement. There is
no appeal if the application is denied. Note also that if you receive
an approved waiver of an NSEERS requirement, you must comply with
entry-exit procedures under the US-VISIT system if you traveling through
a port at which US-VISIT is enabled.

Relief from departure control. Any special registrant may seek an
exemption from the departure control requirements of NSEERS. In order
to obtain the exemption, the registrant must, prior to his or her
departure date, apply to a designated official of the Department of
Homeland Security or to the Customs and Border Protection (CBP) field
office director of the port from which the foreign national seeks to
depart. The foreign national must show that there are exigent or
unusual circumstances to warrant the exemption.

Relief from future port-of-entry registrations. NSEERS registrants who
make frequent trips to the United States may apply for an extension from
future NSEERS registrations. To obtain the exemption, the special
registrant must submit an application to the CBP field office director
of the port at which the registrant most frequently arrives when
visiting the United States and must show that there is good cause or
exigent or unusual circumstances to warrant the exemption. In
determining whether to grant relief, the field office director may
consider the foreign nationals mode of travel, business and economic
concerns, the purpose of the travel, and other factors. If granted,
relief from port-of-entry registration also includes relief from
departure control requirements.

Form of application for relief. In order to seek an NSEERS exemption,
the registrant must send a letter to the appropriate CBP field office
director. The letter should include a detailed description of the type
of relief sought, the registrants name, date of birth, Fingerprint
Identification Number (FIN, located on the foreign nationals I-94
Arrival-Departure Record), a passport-style photograph measuring 1 inch
x 1 inch, the foreign nationals alien registration number if available,
and any other documents to support the request.

5. REGISTRATION FOR FOREIGN STUDENTS AND EXCHANGE VISITORS

If you are a foreign student in the F or M nonimmigrant visa category or
an exchange visitor in the J visa category and you will apply for a visa
outside the United States, you must ensure that you have the required
documentation and that your enrollment or program participation has been
entered into the appropriate government databases.

As of August 1, 2003, all schools and exchange programs are required to
enter foreign students and exchange visitors in the Student and Exchange
Visitor Information System (SEVIS). SEVIS is a tracking and database
system used to monitor and collect data on foreign students and exchange
visitors, to ensure their entry to and exit from the United States and
their proper participation in educational or exchange programs. Schools
must also use the system to issue SEVIS-generated Forms I-20,
Certificate of Eligibility for Nonimmigrant Student Status and Forms
DS-2019, Certificate of Eligibility for Exchange Visitor Status
(formerly known as Form IAP-66).

5.1 Documentation of Your Status

You must ensure that you have the proper documentation of your student
or exchange visitor status before applying for a visa at a U.S.
consulate or embassy. As noted above, you must possess a certificate
of eligibility for student or exchange visitor status that has been
generated through the SEVIS system.

SEVIS versions of Forms I-20 and DS-2019 are one-page documents bearing
a bar code. F-1 students receive Form I-20A-B/Form I-20ID. M-1
students receive Form I-20M-N/Form I-20ID. J-1 visitors receive two
copies of Form DS-2019, one of which bears a watermark; the watermarked
copy was originally submitted to an immigration inspector at the port of
entry for data entry purposes, but is now obsolete and may be discarded.
Your dependents will receive their own copies of Form I-20 or
DS-2019.

5.2 Verification of Your Status

During adjudication of your visa application, the consular officer will
consult the SEVIS database to verify your status as an exchange visitor
or student. Your school or exchange program sponsor must enter your
database record into SEVIS in order for verification to take place.

Note that there may be a delay between the time that your school or
exchange program sponsor enters your information into SEVIS and the time
the information becomes available for viewing by the consular officer,
with the result that the consular officer may not be able to immediately
issue the F, M or J visa. In order to alleviate visa issuance problems
resulting from the time lag, the Department of Homeland Security has
established a correction mechanism for situations in which a SEVIS
record does not appear at a consular post until after the prospective
student or exchange visitor has applied for a visa. Your school or
exchange program sponsor should send an email to sevishelp@eds.com. The
email must contain the subject line SEVIS Record Not Found in Consular
System. The body of the message should contain only the following:
(1) your last name and first name; (2) the SEVIS record number (N#); (3)
the visa category; (4) the date that the record was entered into SEVIS;
and (5) the date of the visa application. The SEVIS Help Desk should
communicate with the consular post regarding fixing the error within two
days.

Like other applicants for nonimmigrant visas, students and exchange
visitors should be aware that visa processing may be delayed for
security clearances and personal interviews. F, J and M visa applicants
are subject to heightened investigations and background checks, and are
also required to provide extensive work history and contact information
to the State Department on Form DS-158, discussed above.

6. ADDRESS CHANGE NOTIFICATION REQUIREMENT FOR ALL FOREIGN NATIONALS

Though not strictly a travel-related requirement, all foreign nationals
must be aware of the Department of Homeland Securitys regulations on
address change notification. All non-U.S. citizens, including lawful
permanent residents, are required to notify DHS of changes of address
within 10 days of such change, using Form AR-11. The only foreign
nationals exempt from this requirement are nonimmigrants in the A
(foreign diplomats) and G (representatives of international
organizations) visa categories, and nonimmigrants who are not required
to possess a visa and are in the United States for fewer than 30 days.
In addition, nonimmigrants who are special registrants in the National
Security Entry Exit Registration System (NSEERS) (discussed above) must
notify DHS on Form AR-11SR whenever there has been a change of address,
employment or school; the notification must likewise occur within 10
days of such change.

Note that the change of address you make on Form AR-11 or AR-11SR will
not be communicated to DHS Service Centers or District Offices.
Therefore, if you are an applicant for an immigration benefit, you must
also send a written notice of the address change to the relevant DHS
office(s) processing the case. Additional information on the address
reporting requirement is available on the government website at:
http://www.immigration.gov/graphics/howdoi/address.htm

Failure to comply with the address change notification requirements may
affect your ability to remain in the United States and your ability to
reenter the United States after travel abroad; noncompliance may also be
criminally punishable as a misdemeanor, with a fine not to exceed $200
and/or imprisonment of not more than thirty days. Therefore, it is
imperative that you follow the address change notification requirements,
and we recommend that you make a copy of your address change form and
other pertinent documents in the event that the Government alleges that
you failed to comply.

If you have any questions regarding these or any immigration issues,
please do not hesitate to contact the legal professional with whom you
work at FDB&L. As immigration laws, regulations and procedures are
subject to constant change, please continue to check our firm's website
at http://www.fragomen.com for up-to-date information on important
immigration matters.

Copyright 2004 by Fragomen, Del Rey, Bernsen & Loewy, P.C.