Oct 21 2002

New Interim Rule Regarding Visa Waiver Program Passenger Data Elements

The Immigration and Naturalization Service has implemented an interim rule to require that carriers transporting Visa Waiver Program (VWP) passengers into and out of the United States provide Data Element information about all passengers to the INS. This rule will make sure that legitimate VWP travel is not hindered, and will also ensure that VWP aliens are efficiently identified and monitored.

The Visa Waiver Program (VWP) allows citizens from participating nations to enter the United States for up to 90 days, as nonimmigrant visitors for business or pleasure, without first having to obtain nonimmigrant visas, as long as the visitors meet all other statutory and regulatory requirements. Participants must travel on carriers that have signed a contract stipulating that they will transport VWP travelers deemed inadmissable or deportable out of the United States at no charge to this country.

It was mandated by Congress that, by 2005, the Department of Justice complete and fully implement an entry-exit system at all ports-of-entry to integrate and share all alien arrival and departure data between the Department of Justice and the U.S. Department of State.

This interim rule went into effect October 11, 2002. Written comments should be submitted on or before November 11, 2002.

All written comments should be mailed to: Director, Regulations and Forms Services Division, Immigration and Naturalization Service, 425 I Street NW, Room 4034, Washington, DC 20536. Please reference INS No. 2219-02 on your correspondence.