Law Office of Leila Freijy PLLC
Immigration & Compliance Law 
NSEERS ends, Visa Revocation Expanded & H-1B Quota Update
NSEERS ends
On April 27, 2011, the Department of Homeland Security (DHS) announced the elimination of the list of countries whose nationals have been subject to registration under the National Security Entry-Exit Registration System (NSEERS)- effectively ending the NSEERS registration process through the publication of a notice in the Federal Register: http://www.ofr.gov/OFRUpload/OFRData/2011-10305_PI.pdf.
  
NSEERS was first implemented in 2002 as a temporary measure in the aftermath of the September 11, 2001 terrorist attacks and was designed to record the arrival, stay, and departure of certain individuals from countries chosen based on an analysis of possible national security threats. The NSEERS registration required approximately 30 minutes in secondary inspection, per person, per arrival; and NSEERS registrants were also required to register upon departure at one of the 118 designated ports of departure, limiting travel flexibility.

Since NSEERS was created, DHS has implemented several automated systems that capture arrival and/or exit information, making the manual entry of this data via the NSEERS registration process redundant, inefficient and unnecessary. The improved and expanded DHS and Department of State systems capture the same information for visitors, regardless of nationality.

As a result of these advances the DHS is officially ending the NSEERS registration process. This step will streamline the collection of data for individuals entering or exiting the United States, regardless of nationality.

Because the Secretary of Homeland Security's authority under the NSEERS regulations is broader than the manual information flow based on country designation that has now ended, the underlying NSEERS regulation will remain in place in the event a special registration program is again needed.

Of course, all persons, baggage, and their conveyances arriving in or leaving the United States are subject to inspection and any traveler and his or her belongings may be subject to secondary screening for a variety of reasons, but referrals to secondary screening are not done automatically based on nationality. Rather, under DHS policy, screening is based on many criteria, which are carefully designed to reflect current intelligence and respect civil rights requirements.
Visa Revocation Expanded

Effective April 27, 2011, a new rule changes Department of State ("DOS") regulations to broaden the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the DOS revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the DOS to revoke a visa provisionally while considering a final visa revocation.

 

Why is the Department promulgating this rule?


On occasion, after a visa has been issued, the DOS or a consular officer may determine that a visa should be revoked when information reveals that the applicant was originally or has since become ineligible or may be ineligible to possess a U.S. visa. Section 221(i) of the Immigration and Nationality Act (8 U.S.C. 1201(i)) (INA) authorizes the Secretary and consular officers to revoke a visa in their discretion.

H-1B Quota Update 

The U.S. Citizenship & Immigration Service ("USCIS") updated its count of FY2012 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 4/22/11, approximately 8,000 H-1B cap-subject petitions were receipted against the quota of 65,000.

 

Further, the USCIS has receipted 5,900 H-1B petitions for aliens with advanced degrees from the United States against the additional quota of 20,000.

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If you have any questions or concerns about the information provided in this email, please don't hesitate to contact me.

 

Sincerely,

 


Leila Freijy
Law Office of Leila Freijy PLLC
New Address as of 05/02/2011.
 
Contact
Leila Freijy, Esq.
2701 Troy Center Dr.
Suite 410
Troy, MI 48084
248.961.2196
248.287.4115 (fax)
  

(Of Counsel to Ellis Porter - The Immigration Attorneys)

In This Issue
NSEERS ends
Visa Revocation Expanded
H-1B Quota Update