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Newsletter - September 23rd, 2002
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New Border Crossing Card Requirements. Asylum Claims at Canadian Borders.
Dept of Labor withdraws final rule.

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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