Departments of State and Homeland Security Launch Electronic Visa Update System (EVUS) | Practical Law

Departments of State and Homeland Security Launch Electronic Visa Update System (EVUS) | Practical Law

The Departments of State (DOS) and Homeland Security (DHS) published concurrent rules establishing and implementing a new Electronic Visa Update System (EVUS). The new system allows the Departments to collect biographic and other information from certain foreign nationals issued designated nonimmigrant visas. The rule is effective when published on October 20, 2016.

Departments of State and Homeland Security Launch Electronic Visa Update System (EVUS)

by Practical Law Labor & Employment
Published on 25 Oct 2016 • USA (National/Federal)
The Departments of State (DOS) and Homeland Security (DHS) published concurrent rules establishing and implementing a new Electronic Visa Update System (EVUS). The new system allows the Departments to collect biographic and other information from certain foreign nationals issued designated nonimmigrant visas. The rule is effective when published on October 20, 2016.
On October 20, 2016, the Department of Homeland Security (DHS) issued final regulations creating an Electronic Visa Update System (EVUS) to permit collection of biographic and other information from certain foreign nationals issued designated nonimmigrant visas (81 Fed. Reg. 72481 (Oct. 20, 2016)). The rule is effective on the day it was published, October 20, 2016. A final regulation was also published by the Department of State (DOS) to support EVUS by permitting the automatic provision revocation of nonimmigrant visas and their automatic reinstatement on EVUS compliance (81 Fed. Reg. 72522 (Oct. 20, 2016)).
EVUS establishes a mechanism for DHS to collect updated data from travelers from specified countries who hold nonimmigrant visas in designated categories. Updated data permits DHS to assess the travelers' ongoing eligibility for entry to the US without requiring the travelers to apply for a new visa, a process that may require significant US consular resources. It will allow DHS to identify individuals of potential interest before the travelers leave for the US, and results in:
  • Increased security.
  • Reduced delays at US entry points.
DHS will publish a list of countries whose passport holders are subject to EVUS regulations and designate applicable visa classifications. As of November 29, 2016, each covered traveler must comply with EVUS to maintain the validity of the traveler's designated visa. A covered traveler will be barred from boarding an air or sea carrier destined for the US unless the traveler has complied with EVUS. To comply with EVUS, the traveler must:
  • Enroll on www.evus.gov.
  • Provide truthful, accurate, and complete responses to required information on the EVUS website.
Upon enrollment, the traveler will receive notice from the EVUS that the traveler is:
  • Enrolled, and may therefore travel to the US using the notice of compliance during the notice's validity period.
  • Pending, and the traveler must continue to check the system for status updates.
  • Unsuccessful, and the traveler's visa is provisionally automatically revoked. The traveler may continue to apply for EVUS enrollment, and if the traveler continues to receive the unsuccessful response, may apply for a new visa at a US embassy or consulate.
  • The visa is revoked, and the traveler must apply for a new visa at a US embassy or consulate before travelling to the US in that visa classification.
A traveler's EVUS notice of compliance is valid for the soonest of either:
  • Two years.
  • The expiration of the traveler's:
    • passport; or
    • designated visa.
Travelers must reenroll in EVUS and obtain a new notice of compliance:
  • Before their current notice of compliance expires.
  • When the foreign traveler is issued a new passport or nonimmigrant visa in the designated category or categories.
  • If the foreign traveler's name changes.
  • If the foreign traveler's gender changes.
  • When there is a change to the foreign traveler's citizenship or nationality, including acquiring dual nationality.
  • When there has been any change to the traveler's previous EVUS response.
If they do not reenroll, the traveler's visa is provisionally revoked. A notice of compliance is valid only if the traveler's associate passport and nonimmigrant visa are also valid.
US Customs and Border Protection, an agency of the DHS, published notice on October 20, 2016, naming the People's Republic of China as an EVUS country, and designating the B-1/B-2 nonimmigrant visa classification (81 Fed. Reg. 72600 (Oct. 20, 2016)). Additional countries and visa classifications may be added by notice in the Federal Register.