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DHS Releases a Fact Sheet on New Requirements for Private Aircraft

29.01.10

Overview

U.S. Customs and Border Protection (CBP) has enacted new rules changing the procedure for private aircraft to provide advance notice of their intended arrival or departure, and submit manifests of the persons on board. Private aircraft are defined as any aircraft, other than government or military, which are not engaged in carrying passengers or cargo for compensation. The new process is similar to the one currently in use by commercial aircraft and will standardize advance notice procedures for all CBP airports of entry.

Purpose

CBP is working to strengthen general aviation security by further minimizing the vulnerability of general aviation flights being used to deliver illicit materials, transport dangerous individuals, or employ the aircraft as a weapon. Compared to regularly scheduled commercial airline operations, there is only a limited pre-screening of private arriving aircraft, passengers, and crew prior to departure. There is also little to no screening of departing private aircraft, passengers and crew prior to departure from the United States.

The department is working to address this vulnerability by enhancing international and domestic General Aviation (GA) security by:

• Identifying and screening passengers and crew on international private aircraft prior to entering U.S. airspace;


• Screening aircraft to ensure that illicit materials do not enter the U.S.; and


• Conducting these screening activities as far from critical sites within the U.S. as practicable, preferably at the aircraft’s last point of departure outside the U.S.

CBP continues to focus considerable efforts on identifying and mitigating security vulnerabilities within the aviation system, including initiatives focused on international general aviation operations. As significant public attention has been placed on addressing security vulnerabilities in other modes of transportation, private aircraft may be perceived as more viable targets and may therefore become more vulnerable to misuse by individuals wishing to harm the United States.

History

Previously, pilots were required to provide at least 60-minutes advance notice of their arrival either directly to CBP at the place of intended arrival, or by requesting in the remarks section of their flight plan that Federal Aviation Administration Flight Services advise CBP ("ADCUS"). Some but not all CBP locations also request that pilots fax CBP detailed information about the passengers, crew and aircraft in advance.

What's New

Under the new rule, pilots (or their designee) will be required to submit advance notice and passenger/crew manifest information to CBP via an approved electronic data interchange system, no later than 60 minutes prior to departure. The electronic submission will include essentially the same data elements previously provided through other means. CBP will require that the pilot compare the manifest data to the information on a Department of Homeland Security (DHS) approved travel document presented by each individual seeking travel onboard the aircraft. This will ensure that the manifest data is correct, that the travel document appears to be valid for travel to the United States, and that the traveler is the person to whom the travel document was issued. Pilots will receive an authorization to depart from CBP from the same system.

CBP will require pilots departing from the United States to a foreign location to file notice electronically and obtain permission to depart. Departure clearance has been required for commercial aircraft for some time, and the new rule will make such reporting consistent for all general aviation aircraft through the same web portal.

Landing Rights for Private Aircraft:

Pilots should be aware of the difference between international and landing rights airports. Some airports can call themselves international, but not actually meet the standards to be considered as such by CBP. The current regulations require the owner or operator of any aircraft, including a private aircraft, arriving at a landing rights airport or user fee airport to request permission to land (landing rights) from CBP. The rule will not change this requirement.

Planning Ahead

Pilots should always speak directly to a CBP Officer at the airport that is their intended place of arrival. Some airports of entry are not staffed, and CBP may send officers from another location to process the arrival. Some airports are only open during limited hours or on specific days.

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DHS Citizenship and Immigration Services Ombudsman Issues a Study and Recommendations on Naturalization Oath Ceremonies

29.01.10

The U.S. Department of Homeland Security’s (DHS) Citizenship and Immigration Services (CIS) Ombudsman Michael Dougherty today issued a study and recommendations on Naturalization oath ceremonies.

The Ombudsman noted that U.S. Citizenship and Immigration Services (USCIS) naturalized more than one million new citizens during Fiscal Year 2008, surpassing last year’s number by almost 400,000. However, the Ombudsman received credible information that one court denied USCIS the opportunity to administer the oath in a timely fashion to more than 1,900 approved naturalization applicants. The court’s delay adversely impacted the ability of these individuals to vote in the recent general elections.

“USCIS leadership and staff worked hard to naturalize these new citizens, and they had the assistance of many district courts that proved flexible in scheduling additional naturalization oath ceremonies,” said CIS Ombudsman Michael Dougherty. “Courts that choose to assert exclusive authority to naturalize new citizens should also embrace a customer service ethic that recognizes the singular importance of oath ceremonies.”

A lawful permanent resident seeking to become a citizen of the U.S. is generally required to apply for naturalization with USCIS, which administers immigration benefits and services for DHS. If USCIS approves the application, the individual is required to take the oath of allegiance to the U.S. The study recommends that administrators overseeing federal court operations work with USCIS to provide better guidance to court officials.

The Immigration and Nationality Act as amended, vests the DHS Secretary with sole authority to naturalize applicants, but gives eligible courts the option to assert exclusive authority to administer the oath of allegiance within 45 days of USCIS approval of the application.

The Ombudsman recommends that USCIS:

• Issue formal guidance to its district officials, clarifying their prerogatives and obligations under controlling law, regulations and interagency agreements to enhance their working relationship with the courts.



• Consistently include information at naturalization ceremonies for new citizens to update their status with the Social Security Administration.



• Proceed with planning to digitize the photograph on and production of Certificates of Naturalization.



• Post statistics monthly on the number of individuals naturalized and pending naturalization applications.



• In FY 2007, USCIS received 1.4 million naturalization applications, nearly double the number from the previous year. Average processing times significantly increased after the surge in immigration filings in the summer of 2007.

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DHS Published Final Rule on Changes to H-2B Visa Regulations

29.01.10

This final rule amends Department of Homeland Security (DHS) regulations regarding temporary nonagricultural workers, and their U.S. employers, within the H-2B nonimmigrant classification. The final rule removes certain limitations on H-2B employers and adopts streamlining measures in order to facilitate the lawful employment of foreign temporary nonagricultural workers. The final rule also addresses concerns regarding the integrity of the H-2B program and sets forth several conditions to prevent fraud and protect laborers' rights. The final rule will benefit U.S. businesses by facilitating a timely flow of legal workers while ensuring the integrity of the program.

The rule generally removes the requirement for H-2B petitioners to state on petitions the names of prospective H-2B workers who are outside the United States and reduces the existing obligatory waiting period from 6 months to 3 months for an H-2B worker who has reached his or her maximum three-year period of stay in H-2B nonimmigrant status before such person may seek an extension of nonimmigrant stay, change of status, or readmission to the United States in any H or L nonimmigrant status. The rule provides a more flexible definition of ``temporary services or labor,'' which is generally defined as a period of one year but could be for a specific one-time need of up to 3 years.

Some of the key features of this rule include:

• To better ensure the integrity of the H-2B program, this rule eliminates DHS's current practice of adjudicating H-2B petitions where the Secretary of Labor or the Governor of Guam has not granted a temporary labor certification.



• The rule also prohibits H-2B petitioners from requesting an employment start date on the Form I-129, Petition for a Nonimmigrant Worker, that is different than the date of need listed on the approved temporary labor certification.



• The final rule requires H-2B petitioners to notify DHS when the H-2B worker fails to report for work, is terminated prior to the completion of the work for which he was hired, or absconds from the worksite.



• This rule also precludes employers from passing the cost of recruiter fees charged by a petitioner, agent, facilitator, recruiter, or similar employment service to prospective H-2B workers as a condition of an offer of H-2B employment.

Under this rule, employers and H-2B workers may agree that certain transportation costs and government-imposed fees be borne by H- 2B workers, if the passing of such costs to these workers is not prohibited under the Fair Labor Standards Act or any other statute. Moreover, the rule enforces the existing penalties at section 214(c)(14) of the Immigration and Nationality Act (INA) in the case of an employer who fails to meet any of the conditions of the H-2B petition, or who willfully misrepresented a material fact in the H-2B petition. Employers who fail to meet the H-2B conditions or who willfully make material misrepresentations on an H-2B petition may, under the statute, be precluded from approval for a period of up to 5 years of any H (except H-1B1), L, O, or P-1 nonimmigrant visa petition, or any immigrant visa petition described in section 204 of the INA, they may file with DHS.

This rule also provides that DHS will publish in a notice in the Federal Register a list of countries that the Secretary of Homeland Security has designated, with the concurrence of the Secretary of State, as eligible for its nationals to participate in the H-2B program. Finally, this rule establishes a pilot exit control program for certain H-2B workers, by requiring them to report their departure at designated ports of entry. U.S. Customs and Border Protection (CBP) will publish a notice in the Federal Register describing the procedures and requirements for participation in this pilot program.

We may want to read the complete H2B Final Rule here

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DHS Designates Malta as a Visa Waiver Program Country

29.01.10

The U.S. Department of Homeland Security (DHS) will designate Malta as a Visa Waiver Program (VWP) country on Dec. 30, 2009. Maltese nationals will be able to travel visa-free to the United States effective Dec. 30th.

“I commend Malta’s commitment to meeting all of the security requirements for joining the Visa Waiver Program this year,” said Homeland Security Assistant Secretary for Policy Stewart Baker. “This development will further strengthen the U.S. relationship with Malta and reflect our joint commitment to enhancing trade, travel, and security for all our citizens.”

Malta was required to meet various security requirements, including more enhanced law enforcement and security-related data sharing with the United States. VWP members are also required to maintain high counterterrorism, law enforcement, border control and document security standards.

The VWP will enable citizens of Malta to travel to the United States, beginning on Dec. 30, 2009, for 90 days or less for tourism or business purposes without a visa, provided they have an e-passport and an approved authorization via the Electronic System for Travel Authorization (ESTA).

Currently, 34 countries participate in the Visa Waiver Program. The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the opportunity for aspiring countries to join the program. This legislation also mandates certain improvements to the VWP for all participating countries, such as the requirement that travelers first obtain an online authorization to travel under the newly established ESTA, a web-based system that determines the preliminary eligibility of visitors to travel under the VWP prior to boarding a carrier to the United States.

Beginning Jan. 12, 2009, all visitors from VWP countries must apply for and receive an approved travel authorization via ESTA to board a plane or vessel bound for the United States. Of the more than 732,000 ESTA applications filed so far, over 99.7 percent have been approved, the vast majority in less than one minute.

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USCIS Issues Correction to T & U Visa Interim Final Rule

29.01.10

The Department of Homeland Security (DHS) corrects an inadvertent error that was made in the Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status interim rule published in the Federal Register on December 12, 2008.

Need for Correction

On December 12, 2008, the Department of Homeland Security published an interim rule in the Federal Register at 73 FR 75540 to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident.

At 8 CFR 245.24 DHS inadvertently: Ended the sentence in paragraph (d)(9) with a ``:'' instead of a ``;'',

Omitted the word ``facts'' immediately after the word ``specific'' at the end of paragraph (d)(9), and

Ended the sentence in paragraph (d)(10) with a ``period'' rather than a ``; and''.

Correction of Publication

Accordingly, the publication on December 12, 2008, at 73 FR 75540 of the interim final rule that was the subject of FR Doc. E8-29277 is corrected as follows:

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

Sec. 245.24 [Corrected]

1. On page 75561, in the second column, at the end of paragraph (d)(9), revise the term ``by specific:'' to read: ``by specific facts;''.



2. On page 75561, in the second column, at the end of paragraph (d)(10), remove the ``.'' and add a ``; and'' in its place.

Read the complete interim rule on Adjustment of Status to Permanent Residency for aliens in T and U nonimmigrant status …

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Fact Sheet: E-Verify Strengthening the Employment Eligibility Document Review Process for the Nation’s Employers

29.01.10

• E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. U.S. Citizenship and Immigration Services (USCIS) administers the program.



• Free, safe, secure and simple to use, E-Verify is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers. The program provides participating employers an automated Internet-based resource to verify the employment eligibility of newly hired employees. Participating employers run authorization checks on all newly hired employees, including U.S. citizens and non-U.S. citizens, against SSA and DHS databases (about 449 million, and 60 million records respectively). Through this process, E-Verify assists employers in maintaining a legal workforce and protects jobs for authorized U.S. workers.



• USCIS began testing a photo screening tool enhancement to E-Verify and formally launched it on Sept. 17, 2007. The tool allows a participating employer to check the photos on Employment Authorization Documents (EAD) or Permanent Resident Cards (green cards) against images stored in USCIS databases. The goal of the photo tool is to detect and deter identify fraud by helping employers determine whether the document presented is the same document issued by USCIS (e.g., that it is not a forgery involving photo-substitution).



• More than 100,000 employers are currently using the E-Verify program to verify that their new hires are authorized to work in the United States. For FY2009 to date, more than 2 million employment verification queries have been run. During FY2008, approximately 6.6 million employment verification queries were run (as compared to a total of 3.27 million in all of FY2007). The Department of Homeland Security’s FY2009 appropriation legislation, signed into law on Sept. 30, 2008, provided $100 million to continue, expand and improve E-Verify in FY2009.



• Employers can register for E-Verify on-line, (see the “Related Links” section on the upper-right hand side of this page for a link.) The site provides instructions for completing the Memorandum of Understanding (MOU) needed to officially register for the program. Once registered, employers use E-Verify by entering information captured on the Employment Eligibility Verification form (I-9).



• A recent study conducted by Westat, a social science research firm which monitors the effect of various changes made to the E-Verify program, found that between April and June 2008:
  
  
  - Approximately 96.1 percent of all cases queried through E-Verify were instantly found to be employment authorized (this is a substantial improvement from 94.2 percent);
  
  - About 99.6 percent of all work-authorized employees verified through E-Verify are verified without receiving a tentative non-confirmation or having to take any type of corrective action;
  
  - Erroneous tentative non-confirmations (those that were work-authorized but who received a non-confirmation) have improved from 0.5% to 0.4%. Ultimately, these mismatches are successfully resolved; and
  
  - Of all queries received, final non-confirmations (meaning not work-authorized) are 3.5 percent; down from 5.3 percent.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) first authorized the program. E-Verify evolved from the Basic Pilot/Employment Eligibility Verification Program, which originally developed in 1997 and was made available to employers as a Web-based program in 2004. The Basic Pilot Extension and Expansion Act of 2003 extended E-Verify until November 2008.

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ESTA Requirements for Visa Waiver Program Travelers Effective Today

29.01.10

The U.S. Department of Homeland Security (DHS) today reminded travelers from all Visa Waiver Program (VWP) countries that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. This requirement, effective today, applies to all eligible citizens or nationals traveling under the Visa Waiver Program (VWP).

“We have been collecting information from visa waiver travelers for decades, and establishing a program to get that same information in advance is one enhancement that allowed us to extend the valuable benefit of visa-free travel to eight new countries in 2008,” said Homeland Security Secretary Michael Chertoff. “In addition to building business and cultural ties with our partners overseas, this is a commonsense step into the 21st century that will improve our efficiency in screening and welcoming international travelers at our ports of entry.”

ESTA is a web-based system, initially launched in August 2008, determines the preliminary eligibility of visitors to travel under the Visa Waiver Program (VWP) prior to boarding a carrier to the United States. To date, more than 1.2 million ESTA applications have been received, and more than 99.6 percent of applicants have been approved, most within seconds.

DHS will take a reasonable approach to travelers who have not obtained an approved travel authorization via ESTA, and will continue an aggressive advertising and outreach campaign throughout 2009. Travelers without an approved ESTA are advised, however, that they may be denied boarding; experience delayed processing, or be denied admission at a U.S. port of entry.

DHS received authorization for Visa Waiver Program (VWP) reforms through the Implementing Recommendations of the 9/11 Commission Act of 2007. The VWP is administered by the department and enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. To be admitted to the Visa Waiver Program (VWP), a country must meet various statutory requirements, such as more enhanced law enforcement and security-related data sharing with the U.S. and timely reporting of both blank and issued lost and stolen passports. Visa Waiver Program (VWP) members are also required to maintain high counter-terrorism, law enforcement, border control, and document security standards.

The citizens or nationals of the following countries are currently eligible to travel to the United States under the Visa Waiver Program (VWP): Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Eight of these countries joined the VWP in 2008, and their citizens and nationals have been required to comply with an ESTA since their designation as VWP participants: the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Slovakia and Malta.

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DHS Announces Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program (VWP)

29.01.10

The U.S. Department of Homeland Security (DHS) announced today an Interim Final Rule that replaces the current Guam Visa Waiver Program (VWP) with a new Visa Waiver Program for Guam and the Commonwealth of the Northern Mariana Islands (CNMI). This rule also authorizes the department's U.S. Customs and Border Protection (CBP) to establish as many as six new ports of entry in the region in order to administer and enforce the Guam-CNMI VWP and to allow for immigration inspections under the Immigration and Nationality Act.

The revised Guam-CNMI Visa Waiver Program (VWP) allows visa-free entry for nonimmigrant visitors from eligible countries to Guam and the CNMI for business or leisure travel, as well as extends visiting time from 15 to 45 days. The program is scheduled to be implemented June 1, 2009. The current Guam Visa Waiver Program (VWP) and CNMI immigration laws will continue to apply until the implementation date of this regulation.

Travelers seeking admission to Guam under the new program must possess a valid, unexpired machine-readable passport and present a valid and completed CBP Form I-94 and CBP Form I-736, and must not have previously violated the terms of any prior admission to the U.S.

Section 702(a) of the Consolidated Natural Resources Act of 2008, signed into law by President Bush on May 8, 2008, extends U.S. immigration laws to the CNMI to ensure uniform adherence to long-standing federal immigration policies and to bring the CNMI in line with other U.S. communities. Section 702(b), which is implemented by the interim final rule, establishes a new Visa Waiver Program for Guam and the Commonwealth of the Northern Mariana Islands.

Eligible countries under the new Guam-CNMI Visa Waiver Program (VWP) include: Australia, Brunei, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Singapore, Taiwan and the United Kingdom including Hong Kong.

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Upgraded Biometric Technology Facilitates Visitors' Entry to the US

29.01.10

The U.S. Department of Homeland Security (DHS) announced today that upgraded biometric technology is in place at major U.S. ports of entry, and most international visitors should expect to use the new technology when they enter the United States. DHS's US-VISIT program began upgrading its biometric technology from a two- to a 10-fingerprint collection standard in 2007 to make the entry process faster and more accurate, enabling DHS officials to focus their attention on people who may pose a risk to the United States.

"Since 2004, biometrics have facilitated legitimate travel for millions of visitors entering the United States," said US-VISIT Director Robert Mocny. "The 10 fingerprint upgrade makes this proven system even more efficient and enhances the security of our nation."

For nearly five years, U.S. Department of State (State) consular officers and U.S. Customs and Border Protection (CBP) officers have collected biometric information—digital fingerprints and a photograph—from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at major U.S. ports of entry. State consular officers began collecting 10 fingerprints from visa applicants in 2007.

Collecting 10 fingerprints increases fingerprint matching accuracy and reduces the possibility that the system will misidentify an international visitor. It also strengthens DHS's capability to check visitors' fingerprints against the Federal Bureau of Investigation's (FBI) criminal data and enables DHS to check visitors' fingerprints against latent fingerprints collected by Department of Defense (DOD) and the FBI from known and unknown terrorists around the world.

DHS's US-VISIT program, in cooperation with CBP, is leading the department's upgrade to 10 fingerprint collection. This upgrade is the result of an interagency partnership among DHS, FBI, DOD and State.

US-VISIT provides biometric identification services to agencies throughout federal, state and local government. The program's most visible service is the collection of biometrics from international visitors when they apply for visas and enter the United States. Since US-VISIT began in 2004, DHS's use of biometrics has helped prevent the use of fraudulent documents, protect visitors from identity theft, and stop thousands of criminals and immigration violators from entering the United States.

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Secretary Napolitano Issues Action Directives on FEMA State and Local Integration and National Planning

29.01.10

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano announced two action directives, on Federal Emergency Management Agency (FEMA) integration with state and local partners and national planning.

These directives instruct specific offices to gather information, review existing strategies and programs, and provide oral and written reports back to her in February. Secretary Napolitano has already issued seven action directives: cyber security; northern border strategy; critical infrastructure protection; risk analysis; state and local intelligence sharing; transportation security; and state, local and tribal integration. She will continue to issue additional action directives in the coming days focused on the missions critical to the department: Protection, Preparedness, Response, Recovery and Immigration.

The full action directives are below:

FEMA state and local integration - Ensuring the nation’s preparedness for all events and all hazards is vital to economic and homeland security and a responsibility of all levels of government. To that end, FEMA shall work with state and local emergency management to:

Immediately review plans and activities underway to strengthen and coordinate preparedness activities and assess any overlaps and inconsistencies in these plans and activities. These assessments should include, but not be limited to, the following:

• Post-Katrina Emergency Management Reform Act
• Target Capabilities List; the Integrated Planning System
• State Preparedness Reports
• Federal Preparedness Reports
• Nationwide Plan Reviews
• Planning requirements for emergency management grants
• National Response Framework

Immediately submit any possible restructuring or consolidations for these plans and activities that are necessary and identify areas where state and local emergency management agencies can provide input.

An oral report is due Feb. 9, with a final report due Feb. 23.

National planning - The department is leading an interagency effort to develop plans at multiple levels to address eight scenario sets, which are based on the 15 National Planning Scenarios crafted by the Homeland Security Council. DHS and the federal interagency are utilizing the Integrated Planning System to develop and adjudicate interagency plans for each scenario. What is the status of each of these plans and the anticipated timeframe and actions needed to complete the process? Are there any recommendations for restructuring or consolidation? Where can state and local emergency management agencies provide input and assistance? An oral report is due Feb. 9, with a final report due Feb. 23.

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