On October 20, 2016, U.S. Customs and Border Protection (CBP) published in the Federal Register a final rule [USCBP-2016-0046; CBP Dec. No. 16-17] that amends the Department of Homeland Security’s (DHS’s) regulations to establish the Electronic Visa Update System (EVUS). This system will allow for the collection of biographic and other information from nonimmigrant aliens who hold a passport issued by an identified country containing a U.S. nonimmigrant visa of a designated category. Nonimmigrant aliens subject to these regulations must periodically enroll in EVUS and obtain a notification of compliance with EVUS prior to travel to the United States. Individuals subject to the EVUS regulations must comply with EVUS in order to maintain the validity of their visas falling within a designated category. The final rule was effective on publication. Interested persons may submit comments on this rulemaking by submitting written data, views, or arguments on all aspects of this final rule, but comments must be received on or before January 18, 2017. The Compliance date is November 29, 2016 or as set forth in 8 C.F.R.§ 215.24(c).
On October 20, 2016, the Department of State published in the Federal Register a parallel final rule [Public Notice: 9530] to amend its visa regulations to reflect the new EVUS requirements. The rule institutes a requirement for nonimmigrant aliens who hold a passport issued by an identified country containing a U.S. nonimmigrant visa of a designated category to periodically provide required information to DHS after the receipt of his or her visa of a designated category. The final rule is effective on November 29, 2016. The Department of State will accept comments until December 19, 2016.