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New
Border Crossing Card Requirements. Asylum Claims at Canadian Borders.
Dept of Labor withdraws final rule.
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New Mexican BCCs Required by October 1, 2002, INS Reminds
(9/23/02)
Beginning October 1, 2002, the old Mexican Border Crossing Card
(BCC) will no longer be valid, and the newer BCC ("laser visa"
DSP-150) will be required. Since April 1998, the Department of
State has issued more than five million new biometric cards.
State Dept. Publishes Interim Rule Creating ISEAS (9/23/02)
The Department of State (DOS) published an interim rule on September
18, 2002, creating the Interim Student and Exchange Authentication
System (ISEAS) for monitoring the visa adjudication process and
visa issuances to foreign students and exchange visitors. All
exchange visitor visa applications will be subject to ISEAS verification,
the DOS said. The database will be used by the DOS, the U.S. Immigration
and Naturalization Service (INS), approved institutions of higher
education or other approved educational institutions, and exchange
visitor program sponsors. ISEAS is intended to be used for electronic
collection and transmission of information on an interim basis
while the INS develops the Student and Exchange Visitor Information
System (SEVIS), an electronic system that is required to be implemented
fully by January 30, 2003. Meanwhile, Department's Bureau of Consular
Affairs released related guidance. A 30-day notification period
runs until October 11, 2002, at which time compliance with ISEAS
will be mandatory worldwide.
U.S., Canada Initial 'Safe Third Country' Final Draft Agreement
(9/23/02)
Canada and the U.S. initialed on August 30, 2002, final draft
text for the "safe third country" agreement regarding
asylum claims made at land border ports of entry. The final draft
notes that refugee status claimants sometimes arrive at the Canadian
or U.S. land borders directly from the other country's territory
"where they could have found effective protection."
The agreement does not generally include persons making claims
from the interior of the two countries, although it does include
provisions relating to those in transit through one of the two
countries who have been removed from the other country, discussed
below. The agreement does not apply to refugee status claimants
who are citizens of Canada or the U.S. or who, not having a country
of nationality, are habitual residents of Canada or the U.S.
Labor Dept. Withdraws Rules on Transferring Authority from
INS for Temporary Labor Certifications in Agriculture (9/26/02)
Following criticisms from agricultural employers and workers,
the U.S. Department of Labor (DOL) has withdrawn a final rule
published on July 13, 2000, pertaining to the delegation of authority
from the U.S. Immigration and Naturalization Service (INS) to
the DOL to adjudicate petitions for the temporary employment of
nonimmigrant aliens in agriculture. The final rule is withdrawn
as of September 24, 2002.
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