NSEERS Registration Suspended
Posted Dec 05, 2003

As of December 2, 2003, the NSEERS annual reregistration and the 30-day reregistration requirements have been suspended. The change is part of an interim rule, published in the Federal Register, effective immediately. The U.S. Department of Homeland Security (DHS) has issued a sixty-day request for comments on the regulation. The interim rule provides that the DHS will require reregistration of selected individuals. Those individuals will be notified regarding the need to reregister in the manner discussed below. NSEERS initial registration will continue at U.S. Ports of Entry (POEs).

The rule also eliminates the need for persons registered under the Student and Exchange Visitor Information System (SEVIS) to separately notify DHS of changes of address and educational institutions. MurthyBulletin and MurthyDotCom readers interested in reviewing the actual Federal Register notice may do so on the USCIS WebSite.

WHAT HAS CHANGED?

30-Day Requirement : Suspended

Prior to the interim rule, foreign nationals who underwent special registration at the POE had to appear at the DHS within 30-days of entry for a reregistration interview. The interim rule suspends this requirement.

Annual Registration Requirement : Suspended

Prior to the interim rule, foreign nationals who were registered under the NSEERS Special Registration call-in program were required to reregister annually. The interim rule also suspends this requirement.

Discretionary Reregistration : Initiated

In place of the mandatory 30-day and annual registration requirements, the DHS can require reregistration of select individuals as a discretionary matter. The DHS will select persons who it determines must reregister. The stated purpose is to determine whether the individual is complying with his or her terms of admission and status.

Notification

It is vital to keep the DHS apprised of any address changes so that a person selected for reregistration can be notified. The regulation states that the DHS will provide separate notices to selected individuals in a “manner reasonably calculated” to reach the foreign national. The possibilities of notice include, but are not limited to: publication in the Federal Register, a letter sent via U.S. mail (to the last known address), eMail to the address provided at the NSEERS interview, or in-person delivery.

Notification of address changes must be filed using the AR-11 form for Special Registration. This, and all available USCIS forms, can be obtained through MurthyDotCom.

SEVIS Address Changes

The interim rule provides that when persons registered under SEVIS provide updated address information or change of educational institution information under the system, this suffices as notification of the changes for purposes of NSEERS as well.

Departure Requirements : Relief Possible

Foreign nationals who are subject to NSEERS must still leave the U.S. at set departure points, to register the departure. Due to elimination of the INS and the changes that has brought about, those subject to NSEERS have been confused about how apply for relief from the departure requirements. The interim regulation clarifies the process. Prior to departure, the foreign national can request exemption through a DHS designated official or the Custom & Border Patrol (CBP) field office Director at the port from which the individual wishes to depart the U.S. To be exempt from the departure requirements, it is necessary to establish exigent or unusual circumstances and the foreign national must deserve a favorable exercise of discretion. For foreign nationals who travel frequently, the CBP field officer may exempt the individual from future POE registrations, under proper circumstances.

WHAT STAYS THE SAME?

POE Registration

NSEERS registration at the POEs remains the same, as does reregistration for those individuals whom the DHS contacts and advises must appear for a reregistration interview. The NSEERS registration at the POEs will continue to require an individual to be fingerprinted, photographed, and to provide tracking information.

Departure Control

It is still necessary for NSEERS registrants to report their departure from the U.S. This means that NSEERS registrants must depart at designated Ports of Departure, and must appear before a CBP inspector to close out the registration file.

Failure to Comply

The rule does not provide relief to any individuals who did not appear for call-in registration when it was previously required. It does not excuse this failure or change the penalties.

Who is Affected?

The changes apply to all foreign nationals who registered under NSEERS, whether as call-in registrants or POE registrants. Those foreign nationals who will be registered at the POE upon entry in the future are also affected by the changes.

Why the Change?

DHS states that the national security goals of NSEERS reregistration will be met through the US-VISIT program, portions of which are scheduled to start from January 2004. US-VISIT is a congressionally required comprehensive entry-exit system, a discussion of which can be found in our November 7, 2003 MurthyBulletin article, DHS: Mechanics of US-VISIT Announced, available on MurthyDotCom. The reregistration for only selected individuals will allow a more directed use of resources. DHS feels that they have sufficient systems in place, including SEVIS, to track immigration compliance for NSEERS registrants. Therefore, they can suspend the reregistration requirements for most who would be subject.