DHS

[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Notices]
[Page 20046]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: C1-2012-7498]

[[Page 20046]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Citizenship and Immigration Services

[CIS No. 2522-12; DHS Docket No. USCIS 2012-0007]
RIN 1615-ZB12

PROGRAM OPERATIONS MANUAL SYSTEM
Part 01 - Records Maintenance
Chapter 102 - The Social Security Number, Policy and General Procedures
Subchapter 11 - Alien Evidence for an SSN
Transmittal No. 17, 02/14/2012

Audience

FO/TSC: CR, CR TII, CR TXVI, DRT, DT, FR, OA, OS, RR, SR, TA, TE, TSC-SR
PSC: CA, SCPS, ICDS, CS, TSA, TST, IES, ISRA, RECONR
MAMPSC: DMS, ISRA, OAS, SPIKE
OCO-OIO: ANC, CR, CAQCR, CTE, FCR

Originating Component

OISP

Effective Date

February 14, 2012

Background

The Department of Homeland Security (DHS), Customs and Border Protection (CBP) is making systematic changes to fully automate the paper Form I-94 (Arrival/Departure Record). As a result, the Systematic Alien Verification for Entitlements (SAVE) program introduced a new method of verifying the I-94 in an effort to ensure successful verification responses. In order to continue successful SAVE verification, we updated the Social Security Number Application Process (SSNAP) to accommodate a new document type, "I-94 w/Unexpired Foreign Passport," that you must now use when an applicant submits both an I-94 and an unexpired foreign passport. Failure to enter the unexpired foreign passport when available may significantly delay SAVE verification.

Summary of Changes

RM 10211.135 Evidence of Non-immigrant Status for an SSN Card

Subsection A. - We updated this subsection to bring the requirements for evidence of non-immigrant status in line with the current identity evidence requirements. We made minor changes throughout this section to comply with the agency's initiative to write in plain language.

RM 10211.140 Entering Information from Form I-94 (Arrival/Departure Record) into the Enumeration System

We created this new section to provide instructions on how to enter the Form I-94 in the Enumeration System, depending on whether the applicant submits an unexpired foreign passport.

RM 10211.135 Evidence of Non-immigrant Status for an SSN Card

A. Policy on evidence for lawfully admitted non-immigrants

Each alien lawfully admitted as a non-immigrant should have an unexpired immigration document and an unexpired foreign passport as evidence of his or her status. In some cases, the alien may have a current immigration document, but may not have an unexpired foreign passport (e.g., asylees, refugees, parolees, victims of severe forms of trafficking, or certain Canadian citizens). In these situations, accept the unexpired immigration document alone. For instructions on how to enter the I-94 in the Enumeration System, see RM 10211.140.

B. Procedure for evaluating evidence of lawfully admitted non-immigrant status

Review the evidence in accordance with RM 10210.210 and RM 10210.560. Check both sides of documents issued to non-immigrants for alien registration numbers (A number), expiration dates, or extensions.

1. Expired documents

Do not process the SSN application when a non-immigrant submits an expired Department of Homeland Security (DHS) document or one that will expire within 14 days, since we cannot assign an SSN. Refer the individual to DHS and provide written notice per RM 10215.115.

See Also

• RM 10205.020 When an SSN Application May Not be Processed

• RM 10205.090 Form SS-5 Received in the Mail and Additional Documentation is Needed

• RM 10213.300 Procedure when a Person's Evidence or Lawful Alien Status Expires within 14 Days of Filing for an SSN

2. Unacceptable documents

The alien must submit the appropriate immigration document. A letter from U.S. immigration authorities, receipt, copy of an application form, or any immigration document not listed in this subchapter is not acceptable evidence of alien status in lieu of the appropriate immigration document. If an alien submits one of these documents, do not process the SSN application.

NOTE: For instructions on processing applications for lawfully admitted aliens without U.S. immigration documentation, see RM 10211.075.

C. Description of versions of Form I-94 (Arrival/Departure Record)

For exhibits of the various versions of the I-94, refer to the Administrative Confidential Memorandum (ACM). You may encounter the following described versions.

1. White card stock version I-94

Carriers of passengers seeking admission into the U.S. and using the I-94 manifest procedure use this edition issued 04/15/86, or later. The non-immigrant completes the I-94 and presents it to the Customs and Border Protection (CBP) officer at an authorized U.S. port of entry. The CBP officer stamps the I-94 along with the unexpired foreign passport and gives final approval for admission into the U.S. in a specific non-immigrant status for an authorized period.

This version of the I-94:

• Shows a preprinted admission number as the departure number on the Departure Record (the part the alien retains).

• May show a handwritten departure number when CBP electronically assigns the alien an I-94 number in their system. Effective February 14, 2012, CBP generally handwrites an electronic I-94 number on I-94s issued to non-immigrants without a foreign passport (e.g., asylees, refugees, and parolees). In these situations, the handwritten departure number supersedes the preprinted number. The preprinted number may or may not be crossed-out.

• Has the admission stamp in the upper right corner.

• May be in the predominant language of the carrier's base of operation, if printed by the transportation carrier (e.g., Japan Air Lines prints I-94s in Japanese and Lufthansa prints I-94s in German).

NOTE: The U.S. Citizenship and Immigration Services (USCIS) also issues this version of the I-94 to certain asylees upon granting asylum. The I-94 may be typed or handwritten. See RM 10211.205.

2. Green card stock version I-94W, (Non-immigrant Visa Waiver Arrival/Departure Form)

Carriers who entered into a Visa Waiver Program (VWP) Agreement widely used the green card stock I-94W (Non-immigrant Visa Waiver Arrival/Departure Form) from May 1991 through April 2010. In May 2010, CBP transitioned to an automated process for VWP travelers, in turn phasing-out the I-94W in air and sea environments. While CBP still issues the I-94W at land ports or during a system outage, the majority of VWP travelers admitted to the U.S. will not have an I-94W. For information on evidence replacing the I-94W, see RM 10211.135E. (in this section).

The I-94W:

• Is generally a pale green color (some may be a darker mint green).

• Shows the alien's admission number as the departure number on the Departure Record (the part the alien retains).

• Has the admission stamp in the upper right corner.

• May be printed in the predominant language of the carrier's base of operation, if printed by the transportation carrier (e.g., Lufthansa prints I-94Ws in German and Japan Air Lines prints I-94Ws in Japanese).

CBP admits an alien with an I-94W as a visitor for pleasure (WT) or business (WB) for up to 90 days. Aliens using this form must be a citizen of one of the following 36 participating countries:

NOTE: DHS periodically designates additional countries as visa waiver countries. If the applicant is not a citizen of one of the listed countries, contact Regional Office (RO) staff for further information. For guidance, RO staff should contact enumeration evidence staff in the Office of Income Security Programs (OISP).

3. Tear-off I-94 portion of I-797A

USCIS may extend a period of admission or change a non-immigrant status after CBP issues an I-94. The I-797A (Notice of Action) approval notice serves as proof of the approval for an extension or change of status. The lower portion of the form, also known as the tear-off computer generated I-94, replaces the original I-94.

NOTE: The tear-off I-94 portion of the I-797A does not need to be accompanied by the approval notice form for the I-94 to be valid or acceptable.

The tear-off I-94:

• Is printed on the same type of security paper as naturalization certificates.

• Does not have an admission stamp.

• Has a receipt number starting with three letters (EAC, WAC, LIN, or SRC) followed by a series of numbers.

• Has an admission number (I-94 number) on the left hand side.

• Shows the alien class of admission.

• Displays the validity period.

See exhibit, tear-off I-94 portion of I-797A in RM 10211.135E.1. (in this section).

D. Description of admission stamp on I-94

Generally, the I-94 contains a valid admission stamp displaying:

• Information about the DHS, CBP field office having jurisdiction over the port of entry;

• Information about the alien’s port of entry and date of admission;

• A four-digit stamp identification number; and

• The alien's class of admission and validity date (e.g., the date admitted until) endorsed in ink by the admitting officer.

EXCEPTION: Admission stamps for refugees, parolees, and asylees display different information. See RM 10211.135D. (in this section).

See Details:

• RM 10211.185 Evidence of Refugee Status for an SSN Card

• RM 10211.195 Evidence of Parolee Status when Form I-94 is Submitted

• RM 10211.205 Evidence of Asylee Status for an SSN Card

E. Exhibit of I-94 with different types of admission stamps

Following are exhibits of the different admission stamps placed on the I-94. For more detailed information and exhibits of the current versions of the admission stamp, refer to the ACM.

1. Tear-off I-94 portion of I-797A

G-RM_10211.135D-1

2. I-94 with parole stamp

G-RM_10211.135D-2

3. I-94 with refugee stamp

G-RM_10211.135D-3

4. I-94 with asylum stamp

G-RM_10211.135D-4

F. Policy on evidence for lawfully admitted non-immigrants without an I-94

Consider an alien who does not have an I-94 lawfully admitted, if he or she submits one of the following documents.

NOTE: Aliens presenting any of these documents do not have employment authorization.

G. References

• RM 10211.420 Employment Authorization for Non-immigrants

• RM 10211.600 Requests for an SSN from an Alien without Work Authorization

RM 10211.140 Entering Information from Form I-94 (Arrival/Departure Record) into the Enumeration System

The method that you must use to enter the I-94 in the Enumeration System depends on whether the applicant submits an unexpired foreign passport.

See Details:

• RM 10211.140A., applicant submits I-94 with unexpired foreign passport

• RM 10211.140B., applicant submits I-94 without unexpired foreign passport

A. Applicant submits I-94 with unexpired foreign passport

When an applicant submits an I-94 in conjunction with an unexpired foreign passport, follow these steps to enter the evidence in the Enumeration System in order to prevent unnecessary delays in the Systematic Alien Verification for Entitlements (SAVE) verification.

On the "Proof of Legal Alien Status" screen:

• Select "I-94 w/Unexpired Foreign Passport" from the Primary DHS Document drop-down menu.

• Do not select "I-94 Arrival-Departure Record."

Failure to enter the I-94 in combination with the unexpired foreign passport when available may significantly delay SAVE verification.

NOTE: If you enter the same evidence for both identity and lawful alien status, select the same drop-down option "I-94 w/Unexpired Foreign Passport" on the "Proof of Identity" screen and select the prefill button.

EXCEPTIONS: Foreign students (F1) and exchange visitors (J1) must submit the I-94 and unexpired foreign passport in combination with either the I-20 (Certificate of Eligibility for Nonimmigrant (F1) Student) or DS-2019 (Certificate of Eligibility for Exchange Visitor (J1) Status). For instructions on how to enter these documents in the Enumeration System, follow RM 10211.295 and RM 10211.365 respectively.

1. Completing the evidence screen

Complete each field on the "Proof of Legal Alien Status" screen as follows.

a. Name on DHS document

Select the name that appears on the I-94 from the drop-down menu.

b. Issued

If the I-94 shows an issue or admission stamp date, select "Date" from the drop-down menu. The system will prompt you to enter the date. If the I-94 does not show an issue date, select "None."

c. Expiration date (mmddccyy)

Enter the date the I-94 expires, usually shown as the valid until date. If the I-94 reflects no expiration date, "D/S" or "Indefinite," you must enter a future date. Enter the current calendar date plus 10 years.

d. Admission class or status

Select the class of admission (COA) code corresponding to the COA shown on the I-94.

e. I-94 admission number

Enter the I-94 number. If the I-94 shows both a preprinted and handwritten number, use the handwritten number.

f. Visa number

If the applicant has a nonimmigrant visa, enter the visa number here. This is an optional field, but may assist in the SAVE verification. For an exhibit of a nonimmigrant visa, refer to the ACM.

g. Passport number

Enter the unexpired foreign passport number.

h. Document evaluation

Select the appropriate category based upon your visual review.

2. Requesting SAVE verification

Follow normal SAVE verification procedures within the Enumeration System per RM 10213.095.

NOTE: If the Initial Verification is unsuccessful, make legible copies of both the I-94 (front and back) and unexpired foreign passport, in the event you must request a G-845 (Document Verification Request).

B. Applicant submits I-94 without unexpired foreign passport

If the applicant does not have an unexpired foreign passport (e.g., asylees, refugees, parolees, victims of severe forms of trafficking, or certain Canadian citizens), follow these steps to enter the evidence in the Enumeration System.

On the "Proof of Legal Alien Status" screen, select "I-94 Arrival-Departure Record" from the Primary DHS Document drop-down menu.

NOTE: If you enter the same evidence for both identity and lawful alien status, select the same drop-down option "I-94 Arrival-Departure Record" on the "Proof of Identity" screen and select the prefill button.

1. Completing the evidence screen

Complete each field on the "Proof of Legal Alien Status" screen as follows.

a. Name on DHS document

Select the name that appears on the I-94 from the drop-down menu.

b. Issued

If the I-94 shows an issue or admission stamp date, select "Date" from the drop-down menu. The system will prompt you to enter the date. If the I-94 does not show an issue date, select "None."

c. Expires

If the I-94 shows an expiration or valid until date, select "Date" from the drop-down menu. The system will prompt you to enter a date. If the I-94 does not show an expiration date, select "None." If the I-94 shows "Indefinite" or "D/S," select the corresponding option.

d. Admission class or status

Select the class of admission (COA) code corresponding to the COA shown on the I-94.

e. Alien registration number

If the I-94 contains an Alien Registration Number (usually handwritten on the back of the card), enter it here. This is a mandatory field for refugees and asylees.

f. I-94 admission number

Enter the I-94 number. If the I-94 shows both a preprinted and handwritten number, use the handwritten number.

g. Document evaluation

Select the appropriate category based upon your visual review.

2. Requesting SAVE verification

Follow normal SAVE verification procedures within the Enumeration System per RM 10213.095.

NOTE: If the Initial Verification is unsuccessful, make legible copies of both sides of the I-94, in the event you must request a G-845 (Document Verification Request).

Interpreting recent trends in I-94 nonimmigrant admissions has been complicated by more complete recording of entries into the United States. Beginning in 2005, at selected Southwest border crossings, the Department of Homeland Security installed new technology to record land admissions previously excluded from I-94 data systems; by 2010 this technology was installed at nearly all pedestrian crossings and vehicular lanes along the Southwest and Northern borders.

[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Rules and Regulations]
[Pages 5681-5691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2470]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

DHS Reforms To Attract And Retain Highly Skilled Immigrants

Release Date: January 31, 2012

Posted by Louis F. Quijas, Assistant Secretary for the Office for State and Local Law Enforcement and January Contreras, Citizenship and Immigration Services Ombudsman

The Ombudsman's Office requests that customers submit Form DHS 7001 for all cases, including those related to applications for Employment Authorization Documents (EAD). Form DHS 7001 is required by the Ombudsman’s Office for compliance with applicable privacy rules.

[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70638-70639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29452]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2011-0109]

[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70463-70464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29316]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

Exercise of Authority Under the Immigration and Nationality Act

[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69119-69120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28985]

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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 103

[CIS No. 2459-08; DHS Docket No. USCIS-2008-0038]

RIN 1615-AB76

Commonwealth of the Northern Mariana Islands Transitional Worker Classification: Correction