US-VISIT Final Rule: Enrollment of Additional Aliens, Additional Biometric Data and Expansion to More Land Ports

The Department of Homeland Security established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in 2003 to verify the identities and travel documents of aliens.

Aliens subject to US-VISIT may be required to provide fingerscans, photographs, or other biometric identifiers upon arrival at the United States. Currently, aliens arriving at a United States port of entry with a nonimmigrant visa, or those traveling without a visa as part of the Visa Waiver Program, are subject to US-VISIT requirements with certain limited exceptions. This final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents. Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others.

On August 31, 2004, the Department promulgated an interim final rule that expanded the US-VISIT program to include aliens seeking admission under the Visa Waiver Program and travelers arriving at designated land border ports of entry. This rule also finalizes that interim final rule and addresses public comments received during that rulemaking action.

This final rule is effective January 18, 2009.

Final Rule

United States Visitor and Immigrant Status Indicator Technology Program (“USVISIT”); Enrollment of Additional Aliens in US-VISIT; Authority to Collect Biometric Data from Additional Travelers and Expansion to the 50 Most Highly Trafficked Land Border Ports of Entry