Recent law, executive orders, and State Department and INS policies will affect foreign-born nationals seeking to immigrate or visit the United States.  The greatest impact will be upon nationals of countries that have been found to support terrorism.  The following is a brief discussion of some new changes. 

Visa Appointments in Canada and Mexico Suspended  

On November 19, 2001, the U.S. State Department announced that it is temporarily suspending visa applications for third country nationals applying at U.S. Consulates in Canada and Mexico.  The only exception is for third country nationals who are residents of the consular district and a few special exceptions made on a case-by-case basis.  If you have an appointment, you should call to confirm.

Social Security Number Not Required for H-1B Petitions

Generally, nurses, teachers, and many other professionals are required to have a state license before they can apply for an H-1B visa.  However, a social security number (SSN) is required for the state license, and those outside the United States are not eligible for a SSN.  In an INS memo dated November 20, 2001, the INS solved this “Catch 22” by allowing H-1B petitions to be approved without the SSN if it can be shown that the applicant has met all other requirements for the state license.  Click here for a copy of this memo.

Background Checks Prior to Visa Issuance

Consular Services of the U.S. State Department has implemented new, interim visa processing procedures to ensure the safety of residents and visitors to the United States.  These new procedures are likely to result in delayed processing of non-immigrant visa applications for men between the ages of 16 – 45 from the following countries: Afghanistan, Algeria, Bahrain, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates and Yemen. 

The U.S. State Department estimates that the additional processing time will be 20 days.  However, in order to minimize inconvenience, those who plan to travel to the United States and who will need a new or renewed visa should file their applications with the U.S. Embassy or Consulate at least four weeks before their planned departure date.

Patriot Act

The Patriot Act (H.R. 3162) was signed by the President and became law on October 26, 2001 (Public Law No. 107-56).  The primary purposes of the law is to deter and punish terrorist acts in the United States and around the world, and to enhance law enforcement investigatory tools.  The complete text of the law is located at: http://thomas.loc.gov (click on “Public Laws by Number”, then look up Public Law “107-56”).  It gives law enforcement broader powers to subpoena records, obtain warrants for wire taps, conduct surveillance, pursue and eliminate international money laundering, and detain terrorists.  It also extends deadlines for filing INS applications and petitions for those directly affected by the September 11^th attack.

The law requires expedited development of an integrated entry and exit data system (previously authorized under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a)).  That system will focus on biometric technology and tamper-resistant documents readable at ports of entry.  Those systems will interface with law enforcement databases for use by federal law enforcement agencies to identify and detain individuals who pose a threat to the national security of the United States.

Organizational Changes at the INS

A recent government announcement has confirmed that the INS will be dividing into two organizations, one to pursue border and immigration enforcement, and the other to process lawful immigrant and non-immigrant petitions and related applications.  The INS will also decentralize its operations, shifting the work from the existing INS service centers (in California, Vermont, Nebraska and Texas), to local offices.