Effective April 11, 2025, USCIS will begin enforcing a requirement that certain foreign nationals register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer. 

As a reminder, the following individuals do not need to register:

Many authorized immigrants and nonimmigrants are not required to apply for registration and fingerprinting under the ARR, because they already satisfied the requirement through applying for a U.S. visa or ESTA travel authorization; others are categorically exempt. The following individuals are not required to apply for registration under the new ARR policy:

• Foreign nationals who remain in the U.S. for fewer than 30 days;
• Nonimmigrants and those already considered to be registered, including:
• Citizens of Visa Waiver Program (VWP) participating countries granted ESTA travel authorization;
• Lawful Permanent Residents;
• Non-U.S. citizens paroled into the United States under INA212(d)(5) even if the period of parole has expired;
• Non-U.S. citizens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
• Non-U.S. citizens whom DHS has placed into removal proceedings;
• Canadians who enter the U.S. and are issued an I-94 record (paper or electronic);
• Non-U.S. citizens issued an employment authorization document;
• Non-U.S. citizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700 and provided fingerprints (unless waived), even if the applications were denied; and
• Non-U.S. citizens issued Border Crossing Cards.

​The following individuals do need to register:

• All non-U.S. citizens, who will remain in the U.S. for more than 30 days and who did not complete the registration process in connection with a visa or ESTA admission, including:
• Canadian visitors who entered the United States at land ports of entry and do not have an I-94 record;
• Non-U.S. citizen children below the age of 14 who have not previously registered and who will remain in the U.S. for 30 days or more, will need to register (these children will be issued proof of registration but are not required to complete fingerprinting until they turn 14);
• All non-U.S. citizen children, regardless of previous registration, who turn 14 years of age in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday;
• Persons who entered without inspection EWI and who have not been fingerprinted in connection with any pending application for immigration benefits;
• Permanent residents who obtained their green cards when under the age of 14 are required to register and complete fingerprinting through a Form I-90 once they reach the age of 14. The I-90 Form should be used for this type of registration rather than Form G-325R; and
• Non-U.S. citizens who submitted one or more benefit requests to USCIS and who do not yet have Alternate Proof of Registration as listed below, including those who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and were not issued an employment authorization document or other acceptable proof of registration, must register with Form G-325R.

On January 17, 2025, the United States and Canada entered into an agreement to enable the automated exchange of biographical and biometric information of permanent resident holders in both countries.

This is an expansion of a previous agreement signed in 2012, which enabled the transfer of information for non-permanent resident holders only. The agreement has been expanded to help vet identity, strengthen admissibility screenings, and facilitate visa issuances for individuals with a proven history of immigration compliance in both the U.S. and Canada. 

Read more here and here. 

DHS Announces Expedited Asylum Processing at Northern Border to Deter Unauthorized Migrants

The Department of Homeland Security (DHS) has announced measures to reduce unauthorized migration across the U.S. border with Canada:

• Starting August 14, 2024, asylum officers conducting threshold screening interviews (TSI) for noncitizens who are processed pursuant to the U.S.-Canada Safe Third Country Agreement (STCA) are considering credible testimony, documents, and other reliable evidence available at the time of the TSI. Additional documentary evidence may not be submitted after the interview concludes, DHS announced, noting that “[a] lack of documentary evidence alone does not preclude noncitizens from establishing that they qualify for an exception to the STCA.”
• Additionally, DHS has reduced the time period for noncitizens to consult with attorneys or representatives before their TSIs from 24 hours to “a minimum of four hours beginning at the time the noncitizen is provided an opportunity to consult with a person of the noncitizen’s choosing and continuing only during the hours of 7 a.m. and 7 p.m. local time.”

“DHS carefully reviewed its implementation of the Safe Third Country Agreement with Canada and concluded that it could streamline that process at the border without impacting noncitizens’ ability to have access to a full and fair procedure for determining a claim to asylum or equivalent temporary protection,” the agency said. Migrants crossing the northern border without authorization and taken into U.S. custody increased from 2,200 in 2022 to a record 16, 500 so far in fiscal year 2024.

Read more at:

• USCIS notice (Aug. 13, 2024).
• S. to Speed Up Asylum Processing at Northern Border to Deter Migrant Crossings, CBS News (Aug. 14, 2024).

We posted about this new Pilot program last year here.

It is expected to run between January 29 and April 1, 2024.

Currently, all visa holders are required to travel to consulates abroad to renew the visa stamps on their passports. The pilot program aims to alleviate massive backlogs and wait times at the consulates abroad.
The Department of State’s initial Domestic Visa Renewal Pilot program will run from January 29, 2024, through April 1, 2024. Applicants who meet the requirements may choose to participate during the application window by applying online. Currently, the program will only service H-1B holders (not their dependents) to limit the scope of applicants during this initial trial period. To control the number of applications received, each week, the Department will release approximately 2,000 application slots for applicants whose most recent H-1B visas were issued by Mission Canada and about 2,000 application slots for those whose most recent H-1B visas were issued by Mission India (about 4,000 total each week) on the following dates:

• January 29,
• February 5,
• February 12,
• February 19, and
• February 26.

Once the limit is reached, the online portal will be locked until the next tranche of slots is released for each participating Mission group on the next application date. The application period will close when all application slots are filled or on April 1, 2024.
Requirements for Participation
Applicants may participate if they

1. are seeking to renew an H-1B visa; during the pilot phase, the Department will not process any other visa classifications;
2. have a prior H-1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;
3. are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);
4. are eligible for a waiver of the in-person interview requirement;
5. have submitted ten fingerprints to the Department in connection with a previous visa application;
6. do not have a prior visa that does not include a “clearance received” annotation;
7. do not have a visa ineligibility that would require a waiver before visa issuance;
8. have an approved and unexpired H-1B petition;
9. were most recently admitted to the United States in H-1B status;
10. are currently maintaining H-1B status in the United States;
11. do not have a period of authorized admission in H-1B status that has expired, and
12. intend to reenter the United States in H-1B status after a temporary period abroad.

Applicants will complete a series of questions in the self-assessment tool to help applicants determine if they qualify under the above criteria. Qualified applicants will then complete the DS-160 and pay the MRV fee. Applicants will then be provided with an address to send their documents for processing, including one passport-style photograph, their original passport, a copy of the current I-797 approval notice, I-94, and receipt of fee payment. Note that the self-assessment tool to determine eligibility is only capable of screening out some unqualified applicants. If an applicant is determined unqualified after paying the MRV fee, their payment will NOT be refunded.
The Department of State expects visa processing to take 6-8 weeks, with all applications completed by May 1, 2024. Urgent travel applicants are encouraged to apply for a visa at the consulate in their home country.

​The Department of State (DOS) just announced a pilot program to resume domestic visa renewal for certain H-1B visa holders.  The pilot program will accept applications from January 29, 2024, to April 4, 2024, and it is limited to the renewal of certain H-1B visas issued by DOS consular offices in Canada and India. 
DOS discontinued domestic renewal of non-diplomatic nonimmigrant visas in 2004. DOS explained that the goal of the program is to test DOS’ technical and operational ability to resume domestic visa renewals for specific nonimmigrant visa classifications and to assess the efficacy of this program in reducing worldwide visa wait times. DOS explained that the pilot program is limited to those who received visas from consular posts in Canada and India in an effort to provide meaningful results without overwhelming resources as that population of applicants is representative of the larger global population.
Only H-1B visa holders are included in the pilot program. DOS explained that including other visa categories, including H-4 dependents, created additional challenges that could not be resolved before the pilot launch date. DOS will continue to develop processes to adjudicate additional visa categories concurrent with the pilot, leveraging real-time data and feedback. 
Who is Eligible?
Participation in the pilot program is limited to applicants who(se):

• Prior H-1B visa was issued by consular offices in Canada with an issuance date from January 1, 2020, through April 1, 2023; or in India with an issuance date of February 1, 2021, through September 30, 2021;
• Are not subject to a nonimmigrant visa reciprocity fee;
• Are eligible for a waiver of the in-person interview requirement;
• Have submitted ten fingerprints to the Department in connection with a previous visa application;
• Prior visa does not include a “clearance received” annotation;
• Do not have a visa ineligibility that would require a waiver;
• Have an approved and unexpired H-1B petition;
• Were most recently admitted to the United States in H-1B status;
• Are currently maintaining H-1B status in the United States;
• Period of authorized admission in H-1B status has not expired; and
• Intend to reenter the United States in H-1B status after a temporary period abroad.

Application Process
DOS will begin accepting applications on January 29, 2024, via https://travel.state.gov/content/travel/en/us-visas/employment/domestic-renewal.html.  To control the number of applications received, DOS will release 4,000 application slots each week starting January 29, with 2,000 slots for H-1B visas issued in Canada and 2,000 slots for H-1B visas issued in India.  Applicants must submit an online DS-160 application and pay a non-refundable $205 MRV fee via major debit or credit card. Applicants will receive instructions through the portal on where and how to send their passport and other required documents.
Required documents include: the electronically filed DS-160, passport (valid for at least 6 months beyond visa application date with at least one blank unmarked page), one photo which meets specifications, original or copy of current I-797 approval notice, and original or copy of I-94 (available on I-94 website or on Form I-797). As the instructions allow an “original or copy” of the I-797, applicants may wish to only send a copy of the I-797 so they retain that document for future travel and I-9 purposes. 
The average processing time is expected to be six to eight weeks from the time the passport and other required documents are received by the DOS. DOS aims to complete the processing of all applications no later than May 1, 2024.  DOS will not consider requests for expedited processing. Those who need to travel urgently may withdraw their application and request that their passport be returned.

We often get inquiries from Canadian citizens who make frequent or lengthy trips to the United States annually. They have heard about a so-called “180-day rule” that allows a Canadian visitor to visit the U.S. for the maximum period of 180 days.  

Although many Canadians citizens do not get a passport stamp or entry document that authorizes entry for a specific term, U.S. Customs and Border Protection (CBP) takes the position that Canadians citizens are deemed to be admitted for a maximum of six months. However, CBP may stamp a passport allowing a much shorter period of admission (only 5 days, two months, etc), in the situation where a Canadian citizen travels often to the U.S. which raises questions that he or she is not merely a visitor.

A person is in violation of the immigration laws if he or she does not depart the United States within the six-month limit (or whatever period is allowed by CBP), thereby becoming deportable and ineligible for other immigration benefits. Longer periods of overstay and unlawful presence of over a year can lead to a ban for 10 years.
​
But that rule has nothing to do with the person who makes frequent short visits that aggregate 180 days or more during the year. A Canadian citizen could theoretically come across (and depart) as a visitor every day and accumulate 365 days of presence in the United States without raising any concerns about overstay or unlawful presence. Such a pattern could certainly lead to more CBP scrutiny at the border as to the nature of the visits, to rule out the possibility that the person is working or living illegally in the United States.

Immigration rule summary: A Canadian citizen should not remain in the United States continuously for more than six months as a visitor (or longer than the admission period allowed by the CBP, if CBP allowed a shorter period of admission to USA). Aggregate time frames in excess of six months do not violate any immigration law, but they might create more CBP scrutiny at the border, requiring the person to prove how he or she qualifies as  visitor, to prove that they do not work in the United States. For the business visitor, this might require some advance planning and the implementation of record-keeping techniques that easily and credibly explain the number, nature, and duration of prior trips.

The second part of the “180-day rule” relates to U.S. tax issues. If you spend too much time in the United States you can be deemed a resident for U.S. federal income tax purposes, requiring to file a U.S. income tax return and report all worldwide income even if there is no earned income in the United States or any other activity that would require a U.S. tax filing.

The IRS uses a “substantial presence” test to determine if someone is a resident for U.S. federal income tax purposes in a given calendar year.  The “substantial presence” test is a mechanical formula based solely on the number of days on which an individual is present in the United States. The formula is applied to make a determination each calendar year. To be classified as a U.S. resident under the substantial presence test for a particular year, an individual must be physically present in the United States on at least 31 days of the current calendar year, and the sum of the following must equal 183 or more days: 1) all days in the United States in the current year, plus 2) one-third of the days in the immediately preceding year, plus 3) one-sixth of the days in the second preceding year.
​
The general rule of thumb is to keep presence in the United States under 120 days each year. (The designation “resident” for federal income tax purposes has nothing to do with immigration status or actual place of domicile; it just means that the person must file a U.S. resident return and report his or her worldwide income.)

Thus, someone who consistently visits the United States for around 180 days a year is going to satisfy the substantial presence test and be deemed a U.S. resident for federal income tax purposes. That isn’t the end of the analysis, however, because there are exceptions, including the “closer connection” and “tie-breaker” rules under the Internal Revenue Code and U.S.-Canada Tax Treaty that may allow the person to avoid being subject to U.S. tax on their worldwide income even if the actual number of days creates substantial presence.

The closer connection exception is only available if the individual is present less than 183 days in the current year. In order to claim the application of one of these exceptions, the individual is required to affirmatively file a tax return or other information statement with the IRS. The closer connection exception is generally preferred because it does not require additional information filings with the IRS as does the treaty exception. 

Tax rule summary. A person will not be considered a resident for U.S. federal income tax purposes if he or she keeps the number of days in the United States to under 120 days on a consistent basis. Individuals who do satisfy the substantial presence test may nevertheless still avoid residency status under the closer connection or treaty tie-breaker rules (though they do not avoid U.S. tax filings altogether).

It is a good rule of thumb to keep visits to USA to less than 120 days annually. If that is not possible, the Canadian visitor should keep presence under 183 days so that he or she can elect the closer connection exception if otherwise applicable to the Canadian’s situation. An over-simplistic approach might lead to unintended consequences or lost opportunities.

Please note that this overview is provided for general information purposes only, and should not be considered legal advice. To receive advice regarding your tax liability you should consult a professional who specializes in taxation. Our firm only deals with immigration matters.

Effective June 19, 2017, Canada has made major amendments to its Citizenship Act.

The immediate changes include:

• Elimination of the requirement that new citizens continue to reside on a full-time basis in Canada after receiving citizenship; 
• Elimination of provisions that allowed authorities to revoke the Canadian citizenship of dual citizens convicted of crimes “against the national interest.” With this change, dual citizens will be treated the same as non-dual citizens under the Canadian justice system.

Additional changes, slated for later this year, include:

• Reduction of the required time permanent residents must be physically present in Canada before becoming eligible to apply for citizenship. The amended rules will reduce the required period of time from four out of six years to three out of five years;
• Revision of the age range for the language and citizenship knowledge requirements from 14 to 64 years of age to 18 to 54 years of age; and
• Allowing time spent in Canada as a temporary resident or protected person to count toward the required permanent residency period. Each day in Canada as a temporary resident will be counted as a half day of permanent residency in calculating the required residency period.

The official announcement detailing the changes can be found on the Immigration, Refugees, and Citizenship Canada (IRCC) website.

​

On June 26, 2017, the U.S. Supreme Court partially reinstated Trump’s travel ban 2nd executive order 13780, Protecting the Nation From Foreign Terrorist Entry Into the United States, and agreed to hear the arguments in the fall 2017.

In the meantime, the 90-day ban #TravelBan #MuslimBan and 120-day ban on refugee admission will become effective in 72 hours, on June 29, 2017, and will apply to people entering the U.S. from six predominantly Muslim countries. The partially reinstated executive order will ban the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen to the United States for 90 days, and suspends the admission of all refugees for 120 days. 

The ban will not apply to people who have a "credible claim of a bona fide relationship with a person or entity in the United States." That includes people visiting a close family member, students who have been admitted to a university or workers who have accepted an employment offer.

What this means is that individuals from the six countries will be permitted to enter the United States if they have a “close familial relationship” with someone already here or if they have a “formal, documented” relationship with an American entity formed “in the ordinary course” of business. However, the Court said that such relationships cannot be established for the purpose of avoiding the travel ban. The government will likely begin applying the travel ban in the limited fashion permitted by the Supreme Court on June 29, 2017.

Who is likely (probably) to be allowed to enter the United States:

• Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017: These individuals are not included in the travel ban.
• Individuals with visas coming to live or visit with family members: The Court’s order is clear that individuals who “wish to enter the United States to live with or visit a family member” have close familial relationships. The Court used both a spouse and a mother-in-law as examples of qualifying relationships, but it is unclear whether more distant relatives would qualify.
• Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience: The Court provided these three examples of individuals who have credible claims of a bona fide relationship to an American entity.
• Other types of business travelers: It is unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity.
• Refugees: Most refugees processed overseas have family or other connections to the United States including with refugee resettlement agencies. The Court ruled that such individuals may not be excluded even if the 50,000 cap on refugees has been reached or exceeded.

Who may have trouble entering the United States:

• Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017: The Court’s decision is not clear. The court's decision could result in numerous lawsuits, disputing the decision that they lack "connection" required.
• Tourists: Nationals of the designated countries who are not planning to visit family members in the United States and who are coming for other reasons (including sight-seeing) may be barred from entering.

The real problems will emerge when the government (CBP, TSA, DHS, Dept of State) will start implementing the executive order, and deciding who has sufficient ties or who doesn't, and who should be admitted or who should be banned/visa revoked/placed on a return flight. 

Three justices published a separate opinion, where Justice Thomas noted: "I fear that the Court’s remedy will prove unworkable. Today’s compromise will burden executive officials with the task of deciding—on peril of contempt— whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country. See ante, at 11– 12. The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a “bona fide relationship,” who precisely has a “credible claim” to that relationship, and whether the claimed relationship was formed “simply to avoid §2(c)” of Executive Order No. 13780, ante, at 11, 12. "

​#TravelBan #MuslimBan #ExecutiveOrder

​Read the decision here.

UPDATE June 29, 2017:

The Executive Orders Travel Ban 90-day suspension of entry will be implemented
worldwide at 8:00 p.m. Eastern Daylight Time (EDT) on June 29, 2017. 
 
The U.S. Department of State had clarified in the cable who is considered to have a "credible claim of a bona fide relationship with a person or entity in the United States."

According to the State Department, this “bona fide relationship” rule encompasses parents, parents-in-law, spouses, children, adult children, sons- and daughters-in law, and siblings (whole or half). This includes also step-parents and step-children.

According to the US DoS 06-29-2017 cable, there is no sufficient "bona fide relationship" and a visa will not be issued to the foreign nationals who are "grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-laws and sisters-in-law, fiancés and any other ‘extended’ family members.”
The Supreme Court clarified that “a foreign national who wishes to enter the United States to live with or visit … [his] mother-in-law … clearly has such a relationship.” (Emphasis added.) Under the Trump administration’s guidelines, a foreign national must be exempted from the ban if she wishes to visit her half-sister or mother-in-law, but is banned if she wants to see a grandmother or aunt who raised her.

The text of the cable, dated June 28, 2017 at 7:57:39 PM EDT, Subject: (SBU) IMPLEMENTING EXECUTIVE ORDER 13780 FOLLOWING SUPREME COURT RULING -- GUIDANCE TO VISA-ADJUDICATING POSTS From:   SECSTATE WASHDC Action: ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE is here.


UPDATE 09:00 PM CST June 29, 2017:

The U.S. Department of state had updated its morning cable and included fiancees into the list of "close family" required to establish "bona fide relationship" for a visa to USA from one of six affected countries.

"Close family” is defined as a parent (including parent-in-law), spouse, fiancee, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half.  This includes step relationships. 

Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, and any other “extended” family members."

The US DoS also clarified the "fate" of Canadian permanent residents who hold passports from one of the six affected countries.

Good news for the Canadian residents:
"Are there special rules for permanent residents of Canada?
Permanent residents of Canada who hold passports of a restricted country can apply for an immigrant or nonimmigrant visa to the United States if the individual presents that passport, and proof of permanent resident status, to a consular officer.  These applications must be made at a U.S. consular section in Canada.  A consular officer will carefully review each case to determine whether the applicant is affected by the E.O. and, if so, whether the case qualifies for a waiver." See here. ​

 Applicants representing new (not previously registered) enterprises must schedule their E-visa interviews at the U.S. Consulate in Toronto. The U.S. Consulate General in Toronto, Canada is the dedicated post for first-time E-visa applications which require pre-screening of new or renewal applications.
Dependents of E-visa holders and employees of previously registered companies can schedule their appointments in Calgary, Montreal, Ottawa, and Vancouver, in addition to Toronto.
Appointment availability is prioritized for Canadian citizens and Canadian permanent residents/landed immigrants who are citizens of treaty-trader countries. Citizens of the UK must demonstrate that they are residents of a UK territory in Europe and maintain domicile there. Limited appointments are available for applicants who are not Canadian citizens or residents; such applicants must choose the “Non-Canada Resident” category when scheduling an appointment.

First-time applicants are required to submit a collection of documents concurrent with the making of the online visa appointment. Please carefully review the relevant tabs for a detailed listing of the required documents. Once you have gathered all documentation pertaining to your E-visa application, you may schedule an appointment online at the U.S. Visa Service website. Before an appointment can be scheduled, you must pay the required, non-refundable visa fees for the principal applicant and any eligible family members.
​
New cases and renewals must email the supporting documentation listed below to [email protected] immediately after booking the online appointment, indicating on the subject line the consulate where they intend to interview. The E-visa unit may contact the applicants or their legal representatives to request any additional documents needed to establish qualifications for the E-visa. It is the responsibility of the applicants or their legal representatives to submit required documents in a timely fashion.

The E-visa application processing fee of $205 is paid during the online application process. If the E-visa is issued, a reciprocity fee may be charged, depending on the applicant’s citizenship. Reciprocity fees by country can be found at the State Department website.
More information is here.
​