Changes to Special Registration Requirements (NSEERS)

The Department of Homeland Security (DHS) has announced two important changes to the Special Registration program which took effect upon the publication of a regulation in the December 2, 2003 Federal Register. The regulation suspends the 30-day re-registration and annual interview requirements for certain non-immigrants. It is important to note that all non-immigrants subject to Special Registration are still required to register at the port of exit when leaving the United States. Also note that those who are subject for the 30-day or annual re-registrations with deadlines prior to December 2, 2003 will still be considered in violation of their non-immigrant status if they fail to comply. Failure to comply can result in grounds for removal from the United States.

It is important to note that the Special Registration program has not ended. The DHS states that the decision to suspend these requirements was made in anticipation of the new system, US-VISIT, which will collect information and biometric data from visitors to the United States in selected ports of entry as early as January 2004. It is believed that the SEVIS system, which is already in place to track international students, together with the US-VISIT system, when fully implemented, will together render NSEERS redundant. US-VISIT is expected to be in place and operating in January 2004.

The changes to the requirements outlined above will be in effect immediately, but the DHS has provided for a 60-day comment period to the rule and it is therefore possible that the requirements can be re-instituted. Furthermore, at the discretion of the DHS, a visitor may still be called to appear for registration if deemed necessary.

The rule also allows registrants to apply for relief from departure registration requirements. Specifically, the rule sets forth a procedure through which a foreign national subject to the NSEERS departure requirements may, prior to his or her departure, seek relief from "an official designated by DHS or from the Customs and Border Protection (CBP) field office director for the port from which the alien intends to depart." The foreign national must establish that "exigent or unusual circumstances exist" and that a favorable exercise of discretion is warranted. Furthermore, a foreign national who has been registered and who makes frequent trips to the United States may be exempted from future POE registrations upon a showing of "good cause, exigent or unusual circumstances." The application for this exemption is made to the CBP field office director over the port through which the foreign national most frequently arrives in the United States. It is still unclear, however, as to what would constitute such good cause or exigent circumstances.

NSEERS stands for National Security Entry/Exit Registration System, and was the first step by the Department of Justice and the DHS to comply with the congressionally-mandated requirement to implement a comprehensive program to track foreign visitors in the United States. Certain nationals of Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Libya, Lebanon, Morocco, North Korea, Oman, Pakistan, Qatar, Somalia, Saudi Arabia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen are subject to NSEERS.

For additional information and background on the requirements, please refer to our previous alerts. Greenberg Traurig will continue monitoring new developments.

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