Revalidation Ends : Extension Urged
Posted Jul 23, 2004
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As regular MurthyDotCom and MurthyBulletin readers are aware, the ability to revalidate visas from within the United States ended on July 16, 2004. This topic was covered in several articles published in the MurthyBulletin, including our July 2, 2004 article, Revalidation Not Required if Not Planning to Travel. All are available on MurthyDotCom. We are continuing to receive many questions on this topic, in terms of what is now required of persons in the U.S. in the various statuses, including H and L, that were previously allowed to revalidate their visas in the U.S. We want to emphasize that this change does not place additional requirements upon the individuals or their employers. No one needs to depart the U.S. immediately because of this change.
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NO NEW REQUIREMENTS
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We wish to clarify that this change does not require individuals in H, L, O, P, I or E status to leave the U.S. or take any other action. What this change means is that it will no longer be possible to get a new visa stamp issued in one's passport from within the U.S. A person will now need to apply for the visa stamp at a U.S. consulate abroad. This does not mean that people must engage in additional travel or suddenly leave the U.S. Nor does it mean that those eligible to extend or change their statuses must leave the U.S. to do so. The visa is merely a travel document. It is needed purely for entry into the United States. It does not determine status. Status for nonimmigrants is generally determined by the I-94 card stapled in the passport by the CBP Inspector at the airport, or the I-94 card attached to the latest approval notice for a person filing for an extension or change of status in the U.S. after entry. Subject to very limited exceptions, persons who are lawfully in the U.S. in a nonimmigrant status are able to apply to extend or change status within the U.S. If such a request is granted, a new I-94 will be attached to the bottom of the approval notice. It is only when an individual wants to leave the United States and reenter that that person will, in most cases, need to apply for a new visa stamp at a U.S. consulate abroad.
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REQUEST FOR CONTINUANCE OF PROGRAM
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The visa revalidation program was a convenient service for many. It allowed people to obtain new visas without leaving the United States. Thus, after receiving the visa, they could travel and return without the uncertainty and potential delays attendant to applying at the U.S. consulates abroad. Many made their decisions as to whether to engage in optional travel based upon whether their visas were granted under the revalidation process. Due to the importance of this program, a number of major companies and organizations, including the American Immigration Lawyers Association, wrote an open letter to Department of Homeland Security (DHS) Secretary Tom Ridge and Department of State (DOS) Secretary Colin Powell urging the continuation of the revalidation program. The letter emphasized the disruption experienced by U.S. employers when their employees face delays in obtaining visas at the consulates in their home countries. These delays can extend for months and leave U.S. employers without needed, key personnel.
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SUGGESTED SOLUTIONS
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Use ASCs for Biometrics
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The revalidation program is ending due to the need for biometric collection as part of the visa process. The DOS does not have the facilities for the collection of fingerprints, photographs or other biometrics for the purposes of visa revalidation. Therefore, the letter suggests utilizing the existing DHS Application Support Centers (ASCs) that now collect fingerprints and photographs in connection with green cards and other USCIS cases. Apparently, there would need to be some computer upgrades and changes in the ASCs' contract in order to accomplish this goal.
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Extend "Automatic Revalidation"
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Another suggestion, aimed at avoiding the need to apply for a visa for trips of short duration, is to extend the automatic revalidation or contiguous territory rule to cover all travel. This rule, essentially, allows for persons traveling to Canada or Mexico and certain islands adjacent to the United States to reenter without a new visa after a trip of 30 days or less. These persons must have valid U.S. immigration status, but are able to regain entry after the short trip even if their visas are expired. If this rule were to be extended to travel worldwide, rather than simply to the contiguous territories, a person with valid H status could go on a brief business trip or vacation and return within 30 days without getting a new visa. This would certainly reduce the burden on the consulates and facilitate travel, with no undue security threat.
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We want to be absolutely clear that the above is merely a suggestion. It is NOT the law. Visas are still needed for reentry in most instances, even for brief travel. The contiguous territory rule is the exception, which itself has now been curtailed for those who apply for a visa at the consulate in a contiguous territory.
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CONCLUSION
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U.S. businesses and the U.S. economy depend upon people being able to travel in and out of our country. The United States has already lost some valuable business opportunities and contracts since many are unable to obtain the visas necessary to enter the U.S. In this global economy, similarly, numerous foreign national employees in the U.S. need to be able to attend meetings, seminars, conferences, and similar business engagements abroad. The success and profitability of many projects and companies depends upon international travel. Additionally, foreign national workers need to be able to travel to their home countries for family visits and emergencies. The revalidation program facilitated this freedom of movement. Without it, our businesses and vital employees will suffer.