DHS Watch : US-VISIT May Not Meet All Deadlines
Posted Oct 10, 2003

On May 23, 2003, we reported to MurthyDotCom and the MurthyBulletin readers that the DHS intended to have the U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) entry-exit system established by the end of this year, 2003. That article, DHS Watch: High Alert, US-VISIT, and ICE Reorganization, is available on MurthyDotCom. Though DHS still plans to meet this target date, the deadlines for other, later steps necessary for final implementation of the program may be delayed.

In September 2003, Federal Computer Week, a government IT resource, published several articles concerning the implementation of US-VISIT. One focused on the General Accounting Office (GAO) report on the system, which described US-VISIT as a "very risky endeavor" and expressed doubt that the DHS has sufficient personnel to effectively operate the new entry-exit system. The GAO also questioned the DHS's estimate that the program will cost $7.2 billion through 2014; predicting it may cost almost double that amount.

DHS maintains that it will reach the December 31, 2003, deadline to implement biometric identifiers at all airports and seaports. The US-VISIT project director, Jim Williams, also believes that 14 of the 42 seaports will have entry tracking capabilities by the same date. The question remains, however, whether full capabilities will be deployed at the 50 largest land ports by December 31, 2004, or whether the full system will be working by December 31, 2005.

Though the increased scrutiny of US-VISIT may not be entirely welcome to foreign nationals, it may resolve one issue that remains troublesome to some travelers. Currently, if someone travels while an extension petition is pending, and the current status has not expired, the extension may be approved while the person is out of the country. However, this may not be reflected on the I-94 card upon entry. In that case, it is possible that the "last action rule" applies, and the most recent I-94 controls the timing of one's status expiration. This can create overstay situations for unwary foreign nationals and has created confusion with Legacy INS and the USCIS. However, at an AILA DC Chapter meeting, a USCIS attorney indicated that US-VISIT's precision is expected to eliminate this confusion so that one would receive the new expiration date on the I-94 card, if the H1B extension has been approved prior to the person's entering the U.S.

It is unclear whether US-VISIT will be a lasting part of immigration practice or if it will meet with the same fate as its predecessor, NSEERS. It is advisable, however, to check with an immigration attorney before making final arrangements for travel on or after December 31, 2003, to know the impact of US-VISIT and how it may affect your plans to return to the U.S.