DHS Updates E-Verify Program Privacy Act System Of Records

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[Federal Register Volume 77, Number 153 (Wednesday, August 8, 2012)]
[Notices]
[Pages 47419-47424]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19204]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2012-0048]

Privacy Act of 1974; Department of Homeland Security U.S.
Citizenship and Immigration Services -011 E-Verify Program System of
Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled ``Department of Homeland
Security/United States Citizenship and Immigration Services--011 E-
Verify Program System of Records.'' The United States Citizenship and
Immigration Services E-Verify Program allows employers to check
citizenship status and verify employment eligibility of newly hired
employees. The Department of Homeland Security is updating this Privacy
Act System of Records Notice for the E-Verify Program in order to
provide notice that E-Verify is: (1) Updating the ``Category of
Individuals'' to remove USCIS employees and contractors, which are
covered under the DHS/ALL-004 General Information Technology Access
Account Records System SORN, and to remove individuals who have locked
their Social Security Number (SSN) in E-Verify since this functionality
is not available; (2) adding the collection of the foreign passport
country of issuance (COI) from the employers using the recently updated
Form I-9 and from the United States Visitor and Immigrant Status
Indicator Technology (US-VISIT) Arrival and Departure Information
System (ADIS) to the ``Categories of Records;'' (3) moving the list of
sources of records from ``Category of Records'' to ``Record Source
Categories,'' removing two decommissioned systems and adding two new
systems to ``Record Source Categories;'' (4) removing the monitoring
and compliance ``Category of Records'' because those are now covered by
the Compliance Tracking and Management System (CTMS) SORN (74 FR
24022); (5) updating the system location information for the
Verification Information System (VIS), the underlying technology
supporting the E-Verify program, from a contractor-owned facility in
Meriden, CT to a government-owned facility in Stennis, MS; (6)
incorporating minor changes to the ``Routine Uses'' to improve clarity;
and (7) adding COI to ``Retrievability'' as a way in which DHS may
retrieve records in this system of records.
This updated system is included in the Department of Homeland
Security's inventory of record systems.

DATES: Submit comments on or before September 7, 2012. This updated
system will be effective September 7, 2012.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0048 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: 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.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Brian C. Hobbs, (202-443-0114 begin_of_the_skype_highlighting FREE 202-443-0114 end_of_the_skype_highlighting), Privacy Branch Chief, U.S. Citizenship
and Immigration Services, Department of Homeland Security, 131 M Street
NE., Suite 200 Mail Stop 2600, Washington, DC 20529. For privacy issues
please contact: Jonathan R. Cantor (202-343-1717 begin_of_the_skype_highlighting FREE 202-343-1717 end_of_the_skype_highlighting), Acting Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.

[[Page 47420]]

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue the Department of
Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Citizenship and Immigrations--011 E-Verify Program System
of Records.'' The USCIS E-Verify Program allows employers to check
citizenship status and verify employment eligibility of newly hired
employees.
DHS is updating this Privacy Act System of Records Notice for the
E-Verify Program in order to provide notice that E-Verify is: (1)
Updating the ``Category of Individuals'' to remove USCIS employees and
contractors, which are covered under the DHS/ALL-004 General
Information Technology Access Account Records System SORN, and to
remove individuals who have locked their SSN in E-Verify since this
functionality is not currently available; (2) adding the collection of
the foreign passport country of issuance (COI) from the employers using
the recently updated I-9 Form and from the United States Visitor and
Immigrant Status Indicator Technology (US-VISIT) Arrival and Departure
Information System (ADIS) to the ``Categories of Records;'' (3) moving
the list of sources of records from ``Category of Records'' to ``Record
Source Categories,'' removing two decommissioned systems and adding two
new systems to ``Record Source Categories;'' (4) removing the
monitoring and compliance ``Category of Records'' because those are now
covered by the Compliance Tracking and Management System (CTMS) SORN
(74 FR 24022); (5) updating the system location information for the
Verification Information System (VIS), the underlying technology
supporting the E-Verify program, from a contractor-owned facility in
Meriden, CT to a government-owned facility in Stennis, MS; (6)
incorporating minor changes to the ``Routine Uses'' to improve clarity;
and (7) adding COI to ``Retrievability'' as a way in which DHS may
retrieve records in this system of records.
DHS is updating the ``Category of Individuals'' to remove USCIS
employees and contractors. These individuals are covered under the DHS/
ALL-004 General Information Technology Access Account Records System
SORN. Additionally DHS is updating the ``Category of Individuals'' to
remove individuals who have locked their SSN in E-Verify. Functionality
that enables individuals to lock their SSNs is not available in E-
Verify.
As described in more detail in the DHS/USCIS/PIA-030(d), E-Verify
currently uses the I-94 number, which is generally issued to aliens at
the time they lawfully enter the United States, as a primary identifier
to determine employment eligibility for non-immigrants. U.S. Customs
and Border Protection (CBP) is in the process of automating the I-94
system to increase efficiency and streamline the admission process for
travelers to the United States. However, since E-Verify depends on the
integrity of the I-94 number and the CBP's automation efforts are still
underway, USCIS is updating it process for E-Verify by using a foreign
passport number and COI as a primary identifier. A stand-alone passport
number does not result in a unique primary identifier because multiple
countries could issue the same passport number. Employers will enter
the foreign passport number and COI. E-Verify will verify this data
against ADIS.
In order to provide greater clarity in this SORN, USCIS has removed
the sources of records that were described in the ``Category of
Records'' and moved them to ``Source Record Categories.'' In addition
to moving the list of source records, DHS has removed two sources, ISRS
and RNACS, and added one new source of records, Customer Profile
Management System (CPMS) for biometric information on individuals
issued a Permanent Resident Card (Form I-551).
DHS removed the monitoring and compliance ``Category of Records''
because those are now covered by the Compliance Tracking and Management
System (CTMS) SORN (74 FR 24022).
DHS is also providing public notice of the relocation of the VIS
system. In alignment with OMB's Federal Data Center Consolidation
Initiative, the DHS Office of the Chief Information Officer is
consolidating 43 of the Department's legacy data centers into two
Enterprise Data Centers (EDCs), known as Data Center (DC) 1 and DC2.
The consolidation of numerous Component systems at our EDCs enables
more effective collection and use of business information across the
enterprise. VIS was originally stored in a contractor owned facility in
Meriden, CT. Since the publication of the original SORN, the system has
moved to the DHS-owned facility, DC1.
DHS is updating the routine uses to add additional clarity
concerning the uses of data. These updates do not create any new
sharing uses of data. The routine uses are being updated to add general
language ensuring that ``[a]ny disclosure of information must be made
consistent with the official duties of the person making the
disclosure.'' Routine uses A, B, and D are being reworded to provide
greater clarity and make non-substantive grammatical changes. Routine
use C is being updated to change ``other federal government agencies''
to ``General Services Administration'' to better reflect the statutory
authorities and the fact that records will be shared with the National
Archives and Records Administration (NARA) where NARA maintains the
records as permanent records.
DHS is updating ``Retreivability'' to include COI as a way in which
DHS may retrieve records in this system of records.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the federal government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency for which information is retrieved by the name
of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, the Department of Homeland
Security extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
Below is the description of the DHS/U.S. Citizenship and
Immigration Services--011, E-Verify Program System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/U.S. Citizenship and
Immigration Services (USCIS)--011

System name:
DHS/U.S. Citizenship and Immigration Services--011--E-Verify
Program

Security classification:
Unclassified, for official use only.

System location:
Records are maintained at the U.S. Citizenship and Immigration
Services

[[Page 47421]]

(USCIS) Headquarters in Washington, DC and field offices; and at the
DHS Stennis Data Center (DC1).

Categories of Undividuals Covered by the System:
Categories of individuals covered by the E-Verify program include:
employees, both U.S. Citizens and non-U.S. Citizens, whose employers
have submitted to E-Verify their identification information; employers
who enroll in E-Verify; designated agents who enroll in E-Verify;
individuals employed or retained by employers or designated agents who
have accounts to use E-Verify; individuals who contact E-Verify with
information on the use of E-Verify; and individuals who provide their
names and contact information to E-Verify for notification or contact
purposes.

Categories of Records in the System:
A. Information about the employee to be verified:
Name (last, first, middle initial, maiden)
Date of Birth
Social Security Number
Date of Hire
Information related to the expiration of the three day
hire
Awaiting SSN
[cir] Technical Problems
[cir] Audit Revealed New Hire Was Not Run
[cir] Federal Contractor With E-Verify Clause Verifying Existing
Employees
[cir] Other
Claimed Citizenship Status
Acceptable Form I-9 document type
Expiration Date of Acceptable Form I-9 Document
State or jurisdiction of issuance of identity document
when that document is a driver's license, driver's permit, or state-
issued identification (ID) card
Passport Number and Country of Issuance
Driver's license number, driver's permit number, or state-
issued ID number if issued by a state or jurisdiction participating in
the Records and Information from Departments of Motor Vehicles for E-
Verify (RIDE) program and where an Memorandum of Agreement (MOA) exists
between the state or jurisdiction and DHS USCIS to verify the
information about the document
Receipt Number
Visa Number
A-Number
I-94 Number
Employment Authorization Document (Form I-766) Number
Permanent Residence Card (Form I-551) Number Photographs,
if required by secondary verification
B. Disposition data from the employer. The following codes are
entered by the employer based on what the employer does as a result of
the employment verification information:
The employee continues to work for the employer after
receiving and Employment Authorized result: Employer selects this
option based on receiving an Employment Authorized response from E-
Verify;
The employee continues to work for the employer after
receiving a Final Non-confirmation (FNC) result: Employer selects this
option based on the employee getting an FNC despite the employee
contesting the Tentative Non-confirmation (TNC) and the employer
retains the employee;
The employee continues to work for the employer after
receiving a No Show result: Employer selects this option based on the
employee getting a TNC but the employee did not try to resolve the
issue with SSA or DHS and the employer retains the employee;
The employee continues to work for the employer after
choosing not to contest a TNC: Employer selects this option when the
employee does not contest the TNC but the employer retains the
employee;
The employee was terminated by the employer for receiving
a FNC result: Employer selects this option when employee receives FNC
and is terminated;
The employee was terminated by the employer for receiving
a No Show result: Employer selects this option when employee did not
take an action to resolve and is terminated;
The employee was terminated by the employer for choosing
not to contest a TNC: Employer selects this option when employee does
not contest the TNC and is terminated;
The employee voluntarily quit working for the employer:
Employer selects this option when employee voluntarily quits job
without regard to E-Verify;
The employee was terminated by the employer for reasons
other than E-Verify: Employer selects this option when employee is
terminated for reasons other than E-Verify;
The case is invalid because another case with the same
data already exists: Employer selects this option when the employer ran
an invalid query because the information had already been submitted;
The case is invalid because the data entered is incorrect:
Employer selects this option when the employer ran an invalid query
because the information was incorrect.
C. Information about the Employer or Designated Agent:
Company Name
Street Address
Employer Identification Number
North American Industry Classification System (NAICS) Code
Number of Employees
Number of Sites
Parent Company or Corporate Company
Name of Company Point of Contact
Phone Number
Fax Number
Email Address
D. Information about the Individual Employer User of E-Verify:
(e.g., Human Resource employee conducting E-Verify queries):
Last Name
First Name
Middle Initial
Phone Number
Fax Number
Email Address
User ID
E. Employment Eligibility Information created by E-Verify:
Case Verification Number
VIS Response
[cir] Employment Authorized
[cir] SSA TNC
[cir] DHS TNC
[cir] SSA Case in Continuance (In rare cases SSA needs more than 10
federal government workdays to confirm employment eligibility)
[cir] DHS Case in Continuance (In rare cases DHS needs more than 10
federal government workdays to confirm employment eligibility)
[cir] SSA FNC
[cir] DHS Verification in Process
[cir] DHS Employment Unauthorized
[cir] DHS No Show
[cir] DHS FNC
F. Information from state Motor Vehicle Agencies (MVAs) used to
verify of the information from a driver's license, permit, or state
issued ID card if the state has established a MOA with DHS USCIS to
allow verification of this information. The categories of records from
MVAs may include:
Last Name
[cir] First Name
[cir] State or Jurisdiction of Issuance
[cir] Document Type
[cir] Document Number
[cir] Date of Birth
[cir] Status Text
[cir] Status Description Text
[cir] Expiration Date
G. Information from federal databases used to verify employment
eligibility may contain some or all of the following information about
the individual being verified:
[cir] Last Name

[[Page 47422]]

[cir] First Name
[cir] Middle Name
[cir] Maiden Name
[cir] Date of Birth
[cir] Age
[cir] Country of Birth
[cir] Country of Citizenship
[cir] Alien Number
[cir] Social Security Number
[cir] Citizenship Number
[cir] Receipt Number
[cir] Address
[cir] Previous Address
[cir] Phone Number
[cir] Nationality
[cir] Gender
[cir] Photograph
[cir] Date Entered United States
[cir] Class of Admission
[cir] File Control Office Code
[cir] Form I-94 Number
[cir] Provision of Law Cited for Employment Authorization
[cir] Office Code Where the Authorization Was Granted
[cir] Date Employment Authorization Decision Issued
[cir] Date Employment Authorization Begins
[cir] Date Employment Authorization Expires
[cir] Date Employment Authorization Denied
[cir] Confirmation of Employment Eligibility
[cir] TNC of Employment Eligibility and Justification
[cir] FNC of Employment Eligibility
[cir] Status of Department of Justice Executive Office Immigration
Review System (EOIR) Information, if in Proceedings
[cir] Date Alien's Status Changed
[cir] Class of Admission Code
[cir] Date Admitted Until
[cir] Port of Entry
[cir] Departure Date
[cir] Visa Number
[cir] Passport Number
[cir] Passport Information including COI
[cir] Passport Card Number
[cir] Form Number, for example Form I-551 (Lawful Permanent
Resident card) or Form I-766 (Employment Authorization Document);
[cir] Expiration Date
[cir] Employment Authorization Card Information
[cir] Lawful Permanent Resident Card Information
[cir] Petitioner Internal Revenue Service Number
[cir] Class of Admission
[cir] Valid To Date
[cir] Student Status
[cir] Visa Code
[cir] Status Code
[cir] Status Change Date
[cir] Port of Entry Code
[cir] Non-Citizen Entry Date
[cir] Program End Date
[cir] Naturalization Certificate Number
[cir] Naturalization Date and Place
[cir] Naturalization Information and Certificate
[cir] Naturalization Verification (Citizenship Certificate
Identification ID)
[cir] Naturalization Verification (Citizenship Naturalization Date/
Time)
[cir] Immigration Status (Immigration Status Code)
[cir] Federal Bureau of Investigation Number
[cir] Admission Number
[cir] Petitioner Firm Name
[cir] Petitioner Tax Number
[cir] Date of Admission
[cir] Marital Status
[cir] Marriage Date and Place
[cir] Marriage Information and Certificate
[cir] Visa Control Number
[cir] Visa Foil Number
[cir] Class of Admission
[cir] Federal Bureau of Investigation Number
[cir] Case History
[cir] Alerts
[cir] Case Summary Comments
[cir] Case Category
[cir] Date of Encounter
[cir] Encounter Information
[cir] Case Actions & Decisions
[cir] Bonds
[cir] Current Status
[cir] Asylum Applicant Receipt Date
[cir] Airline and Flight Number
[cir] Country of Residence
[cir] City Where Boarded
[cir] City Where Visa was Issued
[cir] Date Visa Issued
[cir] Address While in United States
[cir] File Number
[cir] File Location

Authority for Maintenance of the System:
Authority for having a system for verification of employment
eligibility is found in The Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), Public Law 104-208 (1996).

Purpose(s):
This system provides employment authorization information to
employers participating in E-Verify. It may also be used to support
monitoring and compliance activities for obtaining information in order
to prevent the commission of fraud, discrimination, or other misuse or
abuse of the E-Verify system, including violation of privacy laws or
other illegal activity related to misuse of E-Verify, including:
Investigating duplicate registrations by employers;
Inappropriate registration by individuals posing as
employers;
Verifications that are not performed within the required
time limits; and
Cases referred by and between E-Verify and the Department
of Justice Office of Special Counsel for Immigration-Related Unfair
Employment Practices, or other law enforcement entities.
Additionally, the information in E-Verify may be used for program
management and analysis, program outreach, customer service and
preventing or deterring further use of stolen identities in E-Verify.

Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the
Department of Homeland Security as a routine use pursuant to 5 U.S.C.
552a(b)(3). Any disclosure of information must be made consistent with
the official duties of the person making the disclosure. The routine
uses are as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is relevant or necessary to the litigation and one of the following
is a party to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. the U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to a written inquiry from that congressional office made
pursuant to a Privacy Act waiver from the individual to whom the record
pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of

[[Page 47423]]

information in the system of records has been compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To employers participating in the E-Verify Program in order to
verify the employment eligibility of their employees working in the
United States.
I. To the American Association of Motor Vehicle Administrators
Network and participating MVAs for the purpose of validating
information for a driver's license, permit, or identification card
issued by the Motor Vehicle Agency of states or jurisdictions who have
signed a Memorandum of Agreement with DHS under the Records and
Information from Departments of Motor Vehicles for E-Verify (RIDE)
program.
J. To the DOJ, Civil Rights Division, for the purpose of responding
to matters within the DOJ's jurisdiction of the E-Verify Program,
especially with respect to discrimination.
K. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.

Disclosure to Consumer Reporting Agencies:
None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
Records may be retrieved by name, verification case number, Alien
Number, I-94 Number, Receipt Number, Passport (U.S. or Foreign) Number
and Country of Issuance (COI), Driver's License, Permit, or State-
Issued Identification Card Number, or SSN of the employee, employee
user, or by the submitting company name.

Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.

Retention and Disposal:
The retention and disposal schedule, N1-566-08-7 has been approved
by the National Archives and Records Administration. Records collected
in the process of enrolling in E-Verify and in verifying employment
eligibility are stored and retained in E-Verify for ten (10) years,
from the date of the completion of the last transaction unless the
records are part of an on-going investigation in which case they may be
retained until completion of the investigation. This period is based on
the statute of limitations for most types of misuse or fraud possible
using E-Verify (under 18 U.S.C. 3291, the statute of limitations for
false statements or misuse regarding passports, citizenship, or
naturalization documents).

System Manager and Address:
Chief, Verification Division, U.S. Citizenship and Immigration
Services (USCIS), Washington, DC 20528.

Notification Procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the U.S. Citizenship and Immigration
Services (USCIS), Freedom of Information Act (FOIA) Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer and Chief Freedom of
Information Act Officer, Department of Homeland Security, 245 Murray
Drive SW., Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486 begin_of_the_skype_highlighting FREE 1-866-431-0486 end_of_the_skype_highlighting. In addition you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.

[[Page 47424]]

Without the above information the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.

Record access procedures:
See ``Notification procedure'' above.

Contesting Record Procedures:
See ``Notification procedure'' above.

Record Source Categories:
Records are obtained from several sources including:
(A) Information collected from employers about their employees
relating to employment eligibility verification;
(B) Information collected from E-Verify users used to provide
account access and monitoring;
(C) Information collected from Federal and state databases listed
below:
Social Security Administration Numident System
CBP Nonimmigrant Information System (NIIS) and Border
Crossing Information (BCI)
ICE Student and Exchange Visitor Identification System
(SEVIS)
ICE ENFORCE Integrated Database (EID) Enforcement Alien
Removal Module (EARM) Alien Number
USCIS Aliens Change of Address System (AR-11)
USCIS Central Index System (CIS)
USCIS Customer Profile Management System (CPMS)
USCIS Computer-Linked Application Information Management
System Version 3 (CLAIMS 3)
USCIS Computer-Linked Application Information Management
System Version 4 (CLAIMS 4)
USCIS Citizenship and Immigration Services Centralized
Operational Repository (CISCOR)
USCIS National File Tracking System (NFTS)
USCIS Microfilm Digitization Application System (MiDAS)
USCIS Marriage Fraud Amendment System (MFAS)
USCIS Enterprise Document Management System (EDMS)
USCIS Refugees, Asylum, and Parole System (RAPS)
US-VISIT Arrival Departure Information System (ADIS)
Department of State Consular Consolidated Database (CCD)
Department of Justice Executive Office Immigration Review
System (EOIR) State Motor Vehicle Administrations, if participating in
the E-Verify RIDE initiative.
(D) Information created by E-Verify.

Exemptions Claimed for the System:
None.

Dated: July 27, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-19204 Filed 8-7-12; 8:45 am]
BILLING CODE 9111-97-P

This content is tagged for employers and Human Resources professionals responsible for hiring foreign professionals/workers in USA

US Department of Labor is charged with protecting the labor market and investigation and enforcement activities related to that.

Immigration and Custom Enforcement. This agency used to be a part of old INS. When DHS was formed, enforcement personnel of US Customs Service and INS were combined to form ICE, which is now responsible for a large part of immigration enforcement activity.

Department of State (State Department) is responsible for issuing visas, which are a permission to travel to USA.

A method to obtain green card used to avoid the need for PERM based labor certification.

Customs and Border Protection. This agency was spun off from old INS. CBP is responsible for inspecting people when they land at airports, docks and land borders.

To qualify for an A-1 (or A-2 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government.  The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

To qualify for an A-2 (or A-1 visa), you must be traveling to the United States on behalf of your national government to engage solely in official activities for that government. The fact that there may be government interest or control in a given organization is not in itself the defining factor in determining if you qualify for an A visa; the particular duties or services that will be performed must be governmental in character or nature, as determined by the United States Department of State, in accordance with U.S. immigration laws. Government officials traveling to the United States to perform non-governmental functions of a commercial nature, or traveling as tourists, require some other appropriate visa, and do not qualify for A visas.

Consulates all over the world issue visas - a permission to enter USA for a specific purpose. Consulates are a part of the State Department (DOS - Department of State).

Bangladesh Immigration

Indonesia Immigration

I-94 aka Arrival Departure Record is what governs your status in the USA. An expired I-94 can lead to bar from entering USA for 3 to 10 years.See details on "Unlawful Presence".

When used in relation to immigration, this is another name for being LEGALLY present in the USA

This is a complicated term. Very simply (there is a lot more to it), you could have your status expire and still be authorized to stay in USA awaiting the outcome of a legally filed petition. This is something less than "Status" but much better than "Unlawful Presence."

This is another complicated concept with some very serious consequences. Briefly, if you have been unlawfully present in USA for more than 180 days, you cannot come back to USA for 3 years and if unlawfully present for a year or more, you cannot come back for 10 years. Very generally speaking unlawful presence begins after expiration of the I-94 or after having been asked by the govt. to leave USA.

These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

These are topics related to appeals and motions for reconsideration or reopening of decisions (MTR) by govt. agencies such as USCIS, USDOL, etc.

Adjustment of Status

Includes topics of loss of physical green card papers or the card itself as well as loss of green card through abandonment and criminal activity.

When used in relation to immigration, this is another name for extending your status.

Employees working in USA

Personal employees, attendants and servants of A-1 and A-2 visa holders.

EB4 category is for religious workers.

“Priority Date” determines your place in the queue for waiting for green card in the categories where there is a wait. When the govt. has reached your PD, it is said to be “current.” For family-based green cards, PD is the date your I-130 was filed; for PERM-based cases, the date your PERM was filed; for employment-based cases other than through PERM (like EB-1 cases), PD is the date your I-140 was filed. DOS publishes the movement of the PD queue every month in the Visa Bulletin: http://www.immigration.com/visa-bulletin

A publication of the US State Department that keeps track of the green card backlogs and informs us which "Priority Dates" are current so the applicants can expect to get through the last step of their green card processing. This is published every month around the 14th and tells us the availability for the following month. Note that certain categories of applicants ("immediate relatives") such as spouse of a US citizen are not shown in the visa bulletin because they are entitled to have their applications considered without any wait.

Bureau of Citizenship and Immigration Services (now USCIS)

Central Intelligence Agency

Department of Homeland Security

Department of Justice

Federal Bureau of Investigation

Immigration and Naturalization Service (now reconstituted into USCIS)

Internal Revenue Service

Office of Management and Budget

Social Security Administration

U.S. Citizenship and Immigration Services. Earlier known as INS. USCIS is responsible for providing immigration benefits to applicants. Homepage http://wwww.uscis.gov

American Competitiveness and Workforce Improvement Act of 1998.

Approval Date (When your application was approved)

Alien Documentation, Identification & Telecommunications System

Assistant Field Office Director

Abbreviation for American Immigration Lawyers Association.

Adjudications Officer

Administrative Review

Application Support Center: offers biometric services including fingerprinting services

Birth Certificate

Bureau of Citizenship and Immigration Services (now USCIS)

Board of Immigrant Appeals

Biometrics (include Digital photo, index finger print and your digital signature). This is needed for the production of Green Card.

Customs and Border Protection

Central Intelligence Agency

Citizenship and Immigration Services

Consulate Officer

Consular Processing

Conditional Permanent Resident

Curricular Practical Training

Central Regional Office

California Service Center

Cancelled Without Prejudice

Deputy Field Office Director

Department of Homeland Security

Drivers License

Department of Motor Vehicles

Department of Justice

Department of Labor

Dallas Office Rapid Adjustment of Status

Department of State

Detention and Removal Operations

Diversity Visa (a.k.a. Green Card Lottery)

Eastern Application Center

Employment Authorization Document (I-765, approval to work while waiting for Adjustment of Status - AOS Approval)

Electronic Data Systems

Executive Office of Immigration Review

Expedited Removal

Eastern Regional Office

Entered Without Inspection

Foreign Affairs Manual

Federal Bureau of Investigation

Field Office Director

Finger Print

File Transfer Request

Green Card

Immigration Judge

International Marriage Brokers Act

Immigration and Nationality Act

Is an online appointment so you can go to your DO if you have a doubt or want to know something about your case in person or to request your interim EAD

Immigration and Naturalization Service (now called USCIS)

Immigration officer / Interviewing officer

Immigration Reform and Control Act of 1986

Internal Revenue Service

Internet Service Provider

Immigrant Visa

Immigrant Visa Applicant Control System

John F. Kennedy International Airport

Kentucky Consular Center

Labor Condition Application

Lawful Permanent Resident

Lawful Permanent Resident Alien

Last Update Date on your on-line portfolio at USCIS website. It is the date when they last took action on your application, could be anything.

Machine Readable Data

Machine Readable Passport

Machine Readable Visa

Missouri Service Center

Notice Date (When USCIS notified you that they received your application)

National Data Entry Center

Non Immigrant Visa

Notice of Action is your receipt/letter that you received after you filed your forms (indicates I-797C)

Notice of Proposed Rule Making

Notice To Appear

Nebraska Service Center

National Visa Center

New York District Office

Office of Management and Budget

Optional Practical Training

Other Than Mexican

Police Clearance Certificate

Priority Date

Port of Entry

Permanent Resident (Also LPR - Legal Permanent Resident)

Quality Assurance

Receipt Date (When USCIS received your application)

Remote Adjudications Center

Request for Evidence

Request for Initial Evidence

Service Center (this is used with a prefix, eg CSC - California Service Center; MSC - Missouri Service Center, that is the address from where you will received your NOA (Notice of Action))

Supervisory Detention & Deportation Officer

Student Exchange Visitor Information System

Student and Exchange Visitor Program

Social Security Administration

Social Security Number

State Workforce Agency

When the UCSIS "Touches" your petition or file it means that an action was taken which required your file to be physically touched or moved. Example: Your file is touched when it is given to an adjudicator to process.

Temporary Protected Status

Texas Service Center

Transit Without Visa

US Citizen

U.S. Citizenship and Immigration Services

System in airports that captures biometrics of people entering the country

Voluntary Return

Vermont Service Center

Visa Waiver Program

Western Application Center

Western Regional Office

Alien's Change of Address Form

NAFTA Professional visa

NAFTA Professional Dependant visa

Pre-Flight Inspection

PERM Processing: Program Electronic Review Management

Individual Taxpayer Identification Number

Interim EAD

Application to Replace Permanent Residence Card

Employment Eligibility Verification

Affidavit of Support

Application for Employment Authorization

Green Card

Application To Register Permanent Residence or Adjust Status

Welcome Notice

Immigrant Petition for Alien Worker

Affidavit of Support

Application for Travel Document

Advance Parole or AP (Form I-131): The authorization to travel outside the US while your adjustment of status is pending. Note, Form I-131 is also used for Reentry Permit, an application by a US green card holder to be away from USA for over one year.

Administrative Appeals Office

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

This is an abbreviation for test_term and can be deleted

AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

AC21 is the name given to a law that provides for several matters including the ability to change jobs while an employment-based green card is pending (I-485 AC21 portability) and to start working for an H-1B employer as soon as transfer petition is filed with the USCIS.

American Immigration Lawyers Association

Bureau of Educational and Cultural Affairs

The process though which a person within USA obtains a change in their status to green card holder. This is usually the last step for (most not all) green card process.

Includes Zoologists, Botanists

Includes occupations in biochemistry, cytology, genetics, physiology

Fashion Models

Hotel management and related professions

An alternative to obtaining the last step in the green card through the consulates outside USA. This is an alternative to adjustment of status.

DOD (Department of Defense) project visas.

Includes CPA's CA's and all other accountants and auditors

Violence Against Women Act

Child Status Protection Act

Labor Condition Application. This is a part of some nonimmigrant visa applications process including H-1 visas. Not to be confused with "Labor Certification" also known as PERM, which is a part of the green card process. An LCA, or Labor Condition Application, is required to be submitted to and certified by the U.S. Department of Labor as a part of an H-1B application. The LCA serves to ensure that U.S. wages will not be depressed by the hiring of the H-1B employee and that the H-1B worker will not be exploited. In the LCA, the employer guarantees that it will pay the H-1B worker the required wage, which is the greater of the prevailing wage or the actual wage paid to other employees in the same position; that the H-1B employee will not displace a U.S. worker; and that the employment will not adversely affect the working conditions of workers similarly employed in the area of intended employment.

Also known as CIS Ombudsman, this office provides recommendations for resolving individual and employer problems with the USCIS. As mandated by the Homeland Security Act of 2002 § 452, CIS Ombudsman is an independent office that reports directly to the Deputy Secretary of Homeland Security. http://www.dhs.gov/xabout/structure/editorial_0482.shtm

PERM audits typically involve questions from the USDOL regarding the PERM filing.

Used mostly in the context of the last step in green card processing (Adjustment of Status), preadjudication means USCIS is proceeding to make decision on the file even though priority date is not yet current. The idea is that way when the PD gets current, all they need to do is send approval notice and then the green card. So if the AOS is preadjudicated, you still need to wait for the PD to become current.

Petition for a conditional resident who obtained status through marriage to apply to remove the conditions on his or her residence.

Vermont Service Center

California Service Center

Nebraska Service Center

Texas Service Center

Office of the Chief Administrative Hearing Officer (OCAHO) is one of the three adjudicative bodies within the Executive Office for Immigration Review (EOIR). It has jurisdiction over three types of civil penalty cases: employer sanctions (INA § 274A - 8 USC § 1324a), unfair immigration-related employment practices (INA § 274B - 8 USC § 1324b), and immigration-related document fraud (INA § 274C - 8 USC § 1324c).

Board of Alien Labor Certification Appeals is an adjudicative agency that decides in appeal PERM and wage disputes.

Certifying Officer is the highest Department of Labor officer for a region. They are charged, amongst other things, with the responsibility to adjudicate PERM and LCA cases.

Fraud Detection and National Security. FDNS was created to strengthen the ability of the U.S. Citizenship and
Immigration Services (USCIS) to provide the right benefit to the right person at the right time, and no benefit to the wrong person.

Citizenship in USA can be obtained through naturalization or through birth in USA.

The process through which a person becomes a US Citizen.

N-470 helps you preserve your stay abroad for naturalization under certain circumstances. So, even though you are living outside USA, you can accumulate that time for naturalization.

Electronic System for Travel Authorization

Congressional Research Service. A "think tank" that provides reports to members of Congress on a variety of topics relevant to current political events.

Missouri Service Center (MSC) was transitioned into the National Benefits Center (NBC). The NBC was established to serve as the hub and conduit for USCIS local field offices by completing all pre-interview processing of Forms generally requiring an interview. This pre-processing includes conducting background security checks, performing initial evidence reviews, adjudication of associated I-765 and I-131 applications (filed with the I-485 or separately), denial of adjustment of status cases for applicants who are statutorily ineligible, and forwarding scheduled cases to the USCIS local office for adjudication. In employment based cases, transfer to NBC usually means an interview can be expected. This can occur even if PD is retrogressed.

Online Form DS-160, Nonimmigrant Visa Electronic Application can only be used by visa applicants applying at a U.S. Embassy or Consulate which has converted to the new electronic fully online form and process. For more information visit travel.state.gov DS-160 informational webpage for a listing of embassy locations using Form DS-160. Next, visit one of the U.S. Embassy websites using the Form DS-160 and where you will apply, to review detailed nonimmigrant visa how-to-apply instructions, in addition to these FAQs.

1. Where can I find the DS-160?
You can access the DS-160 from the Consular Electronic Application Center website or from the link on the U.S. Embassy or Consulate website.

The mission of the Employment and Training Administration is to contribute to the more efficient functioning of the U.S. labor market by providing high quality job training, employment, labor market information, and income maintenance services primarily through state and local workforce development systems.

A form issued by school for applicants to obtain a Student Visa.

A form issued by school or sponsor for applicants to obtain a J Visa.

United Kingdom

Cyprus Immigration

Japan

France

Germany

Ireland

Kuwait Immigration

Saudi Arabia Immigration

United Arab Emirates Immigration

Singapore Immigration

Chile Immigration

China Immigration new

Egypt Immigration

France Immigration

Malaysia Immigration

Maldives Immigration

Malta Immigration

Mauritius Immigration

Nepal Immigration

Norway Immigration

New Zealand Immigration

Romania Immigration

South Africa Immigration

South Korea Immigration

Sweden Immigration

Switzerland immigration

Trinidad immigration

In April of 1994, the Department of State opened a permanent Immigrant Visa processing facility at the National Visa Center (NVC) in Portsmouth, NH. The NVC processes all approved immigrant visa petitions after they are received from Citizenship and Immigration Services in the Department of Homeland Security (CIS) and retains them until the cases are ready for adjudication by a consular officer abroad.

Every month, the Visa Office (VO) establishes Qualifying Dates that determine if a petition will be eligible for processing. Qualifying Dates are the latest priority dates that can be processed for certain visa categories. An immigrant visa petition can only become ready for further processing when the Qualifying Date in the appropriate visa category has advanced up to the priority date of the petition. Petitions may remain at NVC for several months or for many years depending on the visa category and country of birth of the visa applicant.

NVC’s Role

The NVC is responsible for the collection of visa application fees and visa application documentation. When an applicant's priority date meets the most recent Qualifying Date, the NVC will contact the applicant and petitioner with instructions for submitting the appropriate processing fees. After the appropriate processing fees are paid, the NVC will again contact the applicant and petitioner to request that the necessary immigrant visa documentation be submitted to the NVC.

The U.S. Department of State's official site for U.S. visa information

InfoPass is an Internet-based system that enables the public to go online to schedule appointments with immigration information officers at U.S. Citizenship and Immigration Services (USCIS) offices. If you have a complex immigration question or need that is best addressed by a trained USCIS officer in person, InfoPass offers a convenient alternative to waiting in line for assistance. InfoPass is a secure Internet site.

8 C.F.R. ง 214.3(l)(1)(ii):

(l) Designated official.

(1) Meaning of term Designated Official. As used in งง 214.1(b), 214.2(b),
214.2(f), 214.2(m), and 214.4, a Designated Official, Designated School
Official (DSO), or Principal Designated School Official (PDSO), means a
regularly employed member of the school administration whose office is
located at the school and whose compensation does not come from commissions
for recruitment of foreign students. An individual whose principal
obligation to the school is to recruit foreign students for compensation
does not qualify as a designated official. The PDSO and any other DSO must
be named by the president, owner, or head of a school or school system. The
PDSO and DSO may not delegate this designation to any other person.

(i) A PDSO and DSO must be either a citizen or lawful permanent resident of
the United States.

(ii) Each campus must have one PDSO. The PDSO is responsible for updating
SEVIS to reflect the addition or deletion of any DSO on his or her
associated campus. SEVP will use the PDSO as the point of contact on any
issues that relate to the school's compliance with the regulations, as well
as any system alerts generated by SEVIS. SEVP may also designate certain
functions in SEVIS for use by the PDSO only. The PDSO of the main campus is
the only DSO authorized to submit a Form I-17 for recertification. The PDSO
and DSO will share the same responsibilities in all other respects.

(iii) Each school may have up to 10 designated officials at any one time,
including the PDSO. In a multi-campus school, each campus may have up to 10
designated officials at any one time including a required PDSO. In a private
elementary or public or private secondary school system, however, the entire
school system is limited to 10 designated officials at any one time
including the PDSO.

The DS-160, Online Nonimmigrant Visa Application, is a fully integrated online application form that is used to collect the necessary application information from a person seeking a nonimmigrant visa for temporary travel to the United States.

OFLC processes labor certification applications for employers seeking to bring foreign workers into the United States and grants certifications in those cases where employers can demonstrate that there are not sufficient U.S. workers available, willing and qualified to perform the work at wages that meet or exceed the prevailing wage paid for the occupation in the area of intended employment.

Designated School Official is a school officer designated to work with students and act as a representative of USCIS/ICE in certain matters.

Student and Exchange Visitor Information System www.ice.gov/sevis.

SEVIS is an Internet-based system that maintains accurate and current information on non-immigrant students (F and M visa), exchange visitors (J visa), and their dependents (F-2, M-2, and J-2). SEVIS enables schools and program sponsors to transmit electronic information and event notifications via the Internet, to the ICE and Department of State (DOS) throughout a student or exchange visitor’s stay in the United States. The system will reflect international student or exchange visitor status changes, such as admission at Port of Entry (POE), change of address, change in program of study, and other details. SEVIS will also provide system alerts, event notifications, and basic reports to the end-user schools, programs, and Immigration related field offices.

SEVP acts as the bridge for government organizations that have an interest in information on foreign students. SEVP helps the Department of Homeland Security and Department of State monitor school and exchange programs and F, M and J category visitors. SEVP administers the F and M visa categories, while the Department of State manages the J exchange visitor program.
SEVP uses the Student and Exchange Visitor Information System (SEVIS), a web-based solution, to track and monitor schools and programs, students, exchange visitors and their dependents while approved to participate in the U.S. education system.
SEVP collects, maintains and provides the information so that only legitimate foreign students or exchange visitors gain entry to the United States. The result is an easily accessible information system that provides timely information to the Department of State, U.S. Customs and Border Protection (CBP), U.S. Citizenship and Immigration Services (USCIS) and U. S. Immigration and Customs Enforcement (ICE).
For more details, please visit the link, http://www.ice.gov/sevis/

Introduction:

VIBE is a web-based adjudication tool used by USCIS to validate basic information about companies petitioning to employ alien workers. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies petitioning to employ certain alien workers. Dun and Bradstreet (D&B) is the current IIP for this program.

This service is available to US based, privately held companies only. It is free of charge, and petitioning employers may access this process via D&B’s iUpdate for U.S. government customers -- a free, password-protected and encrypted online service tool offered by D&B.

Please note that USCIS does not expect or require petitioners to contact D&B or pay any fees associated with creating or updating an existing record. Employers who wish to update their information through D&B directly may be subject to direct marketing by the organization or encounter D&B representatives who may suggest a purchase of the firm’s products and services.

Purpose of VIBE:

The purpose behind VIBE is to increase the efficiency of the visa petitioning process by reducing the amount of documents employers have to submit with each petition in order to prove eligibility. Furthermore, USCIS will also be able to reduce the number of RFEs issued to otherwise eligible petitioners.

An important point to note is that USCIS will not deny a petition based solely on information from VIBE without at least first giving the petitioner an opportunity to respond to the RFEs or NOIDs issued by USCIS.

Please note that whether or not you choose to create a record or update your record with D&B, you must respond to any RFE or NOID received from USCIS. Failure to respond could result in the denial of your petition. Furthermore, it is necessary to resolve relevant inconsistencies in the information provided by the employer, on one hand, and information available on VIBE, on the other.

Employment Authorization Document. This is evidence that a person is authorized to work in USA. People undergoing Adjustment of Status (AOS or I-485 process) are entitled to an EAD.

Specific information related to our team and this site.

Deferred Action is consent by the Government not to deport (remove) an otherwise deport-able individual. Usually it is given for humanitarian reasons and work authorization is also provided. Unlawful presence is stopped during deferred action, but any unlawful presence already accrued does not get wiped away. Deferred action is not a visa or a full legal status.

Automatic Visa Revalidation - Definition from Travel.state.gov

Re-entering the U.S. with a Valid I-94 Form & Expired Visa is Limited
What Is Automatic Revalidation?

The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:

Nonimmigrants who departed the U.S. for brief travel to Canada, Mexico, or an adjacent island (for F and J nonimmigrants) for thirty days or less;
Nonimmigrants with a valid (unexpired) Form I-94, Arrival-Departure Record, endorsed by DHS.

More Information about Automatic Revalidation

For more information about automatic revalidation provisions and reentry to the U.S., visit the International Visitors webpage and the Automatic Revalidation Fact Sheet on the CBP website. Students and Exchange Visitors should review additional important information about travel outside the U.S. and reentry procedures on the DHS Immigration and Customs Enforcement (ICE) website.

Automatic revalidation is not the same as applying for a new visa. If you apply for a new nonimmigrant visa, you cannot take advantage of automatic revalidation.
Who Must Reapply for and Be Reissued a Visa at a U.S. Embassy or Consulate?

This webpage explains which travelers must reapply and be reissued visas when their existing visas have expired, even if they are in possession of valid I-94 forms, in order to gain admission to reenter the U.S.

Many nonimmigrants will need to reapply and be reissued visas to reenter the U.S. when their existing visas have expired, even if they are in possession of valid I-94 forms, because automatic revalidation applies to limited categories of travelers. Refer to the Automatic Revalidation Fact Sheet on the CBP website. The following temporary visitors whose nonimmigrant visas have expired, but who have valid I-94 forms, must reapply for and be issued nonimmigrant visas prior to their reentry to the U.S., if one or more of the following situations exists (this is not a complete listing):

The nonimmigrant traveler with an expired nonimmigrant visa (but valid Form I-94):

Applied for a new visa which has not yet been issued;
Applied for a new visa and was denied;
Has been outside of the United States for more than thirty days;
Has traveled to a country other than Canada, Mexico, or an adjacent island which is not included in the automatic revalidation provisions;
Is a national of a State Sponsor of Terrorism designated country, including Cuba, Iran, Syria, and Sudan. Review more about State Sponsors of Terrorism and FAQs on this website;
Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba;
Is in possession of an M student visa and has traveled to a location outside the U.S., other than Canada and Mexico.

Additional Resources – Laws

The automatic revalidation provision of U.S. immigration law is described in both 8 CFR 214.1(b) and 22 CFR 112(d).
We Want You to Know

Visa News
Adoption Alerts
Diversity Visa
Visa Waiver Program (VWP)
Iraqis & Afghans-SIV
Business Visa Center
Customer Service Statement to Visa Applicants
Fraud Warning

Visa denial based upon immigrant intent defined in Section 214(b) of the Immigration and Nationality Act.

Immigrant intent becomes an issue when an applicant outside or inside USA seeks a benefit (such as a visa, when outside USA, or a change of status, when within USA) that does not allow an applicant to possess the intention of residing permanently in USA ("immigrant intent"). For example, an applicant for a visitor's visa must not have the intention to reside in USA permanently. Their visa can be refused if they have immigrant intent.

NOIR (Notice of Intent to Revoke) is a notice the government issues when it intends to revoke (cancel) approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a pending case and gives us a last chance to present evidence and arguments why it should not be denied.

NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

NOIR (Notice of Intent to Revoke) is a notice the government issues when it plans to remove approval of a case that it has already approved. This happens when the government notices that the case either should not have been approved initially or, subsequent to the approval, has become revocable. This notice gives us a last chance to present evidence and arguments why the government should not revoke the approval.

NOID (Notice of Intent to Deny) is a notice the government issues when it intends to deny a case and gives us a last chance to present evidence and arguments why it should not be denied.

Science, Technology, Engineering, and Math. The term often refers to the Designated Degree program requiring a degree in one of these fields of study. STEM programs, in recognition of their importance to US interests, are awarded special consideration in certain areas under US immigration laws.

A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

A Returning Resident Permit, or SB-1 Visa, is what a Legal Permanent Resident (LPR or Green Card holder) can get to return to the United States after being out of the country for more than one year. When an LPR leaves the United States, they must return within a year. If they stay more than a year, they must obtain a Returning Resident Permit in order to return. This also applies to those who remain outside of the country longer than is allowed by their reentry permit.
You apply for a returning residence visa through the consulate in your home country. There, you have to explain in quite some detail the genuine reason for your inability to return to USA within one year. It is discretionary upon the consulate whether they are convinced by the genuineness of your response or not.
For more information, see this State Department’s webpage: http://travel.state.gov/visa/immigrants/info/info_1333.html

U.S. Legislature responsible for making laws. Consists of two houses: Senate and the House of Representatives.

One of the two houses of U.S. Legislature responsible for making laws. The other is the House of Representatives.

One of the two houses of U.S. Legislature responsible for making laws. The other is the Senate.

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