[Federal Register: August 25, 2009 (Volume 74, Number 163)]
[Notices]
[Page 42909-42910]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25au09-91]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[CBP Dec. 09-34]

Notice of Postponement of H-2A and H-2B Temporary Worker Visa Exit Program Pilot

AGENCY: U.S. Customs and Border Protection, Department of Homeland Security.

ACTION: General notice; postponement of commencement date.

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SUMMARY: U.S. Customs and Border Protection (CBP) announces the postponement of the commencement date of the H-2A and H-2B Temporary Worker Visa Exit Program Pilot, originally set for August 1, 2009. The pilot program will require temporary workers within H-2A and H-2B nonimmigrant classifications that enter the United States at either the port of San Luis, Arizona or the port of Douglas, Arizona, to depart from one of those ports and to submit certain biographical and biometric information at one of the kiosks established for this

[[Page 42910]]

purpose. A delay of the commencement date is necessary to ensure that the kiosks are fully operational.

DATES: The pilot program will commence December 8, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Erin M. Martin via e-mail at ERIN.Martin@dhs.gov.

SUPPLEMENTARY INFORMATION: On December 18, 2008, U.S. Customs and Border Protection (CBP) published a Notice in the Federal Register (73 FR 77049), announcing that CBP is establishing a new land-border exit system for H-2A temporary workers, starting on a pilot basis, at certain designated ports of entry.\1\ This notice was published concurrently and is in accordance with a Final Rule published by the Department of Homeland Security (DHS) in the Federal Register (73 FR 76891). The Final Rule implements the pilot program by adding 8 CFR 215.9, which provides that an alien admitted on an H-2A visa at a port of entry participating in the Temporary Worker Visa Exit Program must also depart at the end of his or her authorized period of stay through a port of entry participating in the program and present designated biographic and/or biometric information upon departure. As required by 8 CFR 215.9, CBP published a Notice in the Federal Register (73 FR 77049) designating H-2A workers that enter the United States at either the port of San Luis, Arizona or the port of Douglas, Arizona, as participants in the Temporary Worker Visa Exit Program, who must depart from one of those ports and submit certain biographical and biometric information at one of the kiosks established for this purpose.

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\1\ The H-2A nonimmigrant classification applies to aliens seeking to perform agricultural labor or services of a temporary or seasonal nature in the United States. Immigration and Nationality Act (Act or INA) sec. 101(a)(15)(H)(ii)(a), 8 U.S.C. 1101(a)(15)(H)(ii)(a); see 8 CFR 214.1(a)(2) (designation for H-2A classification).

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On December 19, 2008, CBP published a Notice of Expansion of Temporary Worker Visa Exit Program Pilot To Include H-2B Temporary Workers in the Federal Register (73 FR 77817), in line with the Final Rule published concurrently by DHS in the Federal Register (73 FR 78104).\2\ The Final Rule expands the pilot program by amending 8 CFR 215.9, to provide that aliens admitted on an H-2B visa at a port of entry participating in the Temporary Worker Visa Exit Program must also depart at the end of his or her authorized period of stay through a port of entry participating in the program and present designated biographic and/or biometric information upon departure. As required by 8 CFR 215.9, as amended, CBP published a Notice in the Federal Register (73 FR 77817) to include H-2B workers in the Temporary Worker Visa Exit Program at the ports of San Luis, Arizona and Douglas, Arizona.

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\2\ The H-2B nonimmigrant classification applies to foreign workers coming to the U.S. temporarily to perform temporary, non- agricultural labor or services. Immigration and Nationality Act (Act or INA) sec. 101(a)(15)(H)(ii)(b), 8 U.S.C. 1101(a)(15)(H)(ii)(b); see 8 CFR 214.1(a)(2) (designation for H-2B classification).

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Pursuant to the Notices in the Federal Register (73 FR 77049 and 73 FR 77817) published by CBP containing all the required elements referenced in 8 CFR 215.9, as amended, any alien that is admitted on an H-2A or H-2B visa into the United States at a designated port on or after August 1, 2009, is subject to the pilot program. However, in order to ensure that the facilities necessary to implement the pilot program are fully operational and meet the needs of the agency and the public, this notice postpones the start date of the pilot program. Accordingly, this notice postpones the start of the pilot program from August 1, 2009 to December 8, 2009.

Dated: August 20, 2009.
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. E9-20424 Filed 8-24-09; 8:45 am]

BILLING CODE 9111-14-P

U.S. Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens—as well as their unmarried children under 18 years old—who reside in the United States and who were married for less than two years prior to their spouse’s death.

“Smart immigration policy balances strong enforcement practices with common-sense, practical solutions to complicated issues,” said Secretary Napolitano. “Granting deferred action to the widows and widowers of U.S. citizens who otherwise would have been denied the right to remain in the United States allows these individuals and their children an opportunity to stay in the country that has become their home while their legal status is resolved.”

Secretary Napolitano also directed U.S. Citizenship and Immigration Services (USCIS) to suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for reassessment of immigration status was the death of a U.S. citizen spouse prior to the second anniversary of the marriage.

Additionally, U.S. Immigration and Customs Enforcement (ICE) will defer initiating or continuing removal proceedings, or executing final orders of removal against qualified widow(er)s and their eligible children.

USCIS will also consider favorably requests for humanitarian reinstatement where previously approved petitions for widow(er)s had been revoked because of the law. DHS will soon issue guidance instructing the public on how to apply for this relief.

These directives apply regardless of whether the citizen filed a petition for the alien spouse before death. Deferred action is generally an act of prosecutorial discretion to suspend removal proceedings against a particular individual or group of individuals for a specific timeframe; it cannot resolve an individual’s underlying immigration status. Individuals granted deferred action may apply for work authorization if they can demonstrate economic necessity.

While Secretary Napolitano’s directive provides a short-term arrangement for widow(er)s of deceased U.S. citizens, legislation is required to amend the definition of “immediate relatives” in the Immigration and Nationality Act to permit surviving spouses to remain indefinitely after the U.S. citizen spouse dies, enabling them to seek permanent resident status.

Hundreds of Activities Planned, Millions Reached During National Preparedness Month

For Immediate Release
Office of the Press Secretary
Contact:  202-282-8010 
September 1, 2004

Fact Sheet: National Preparedness Month

Throughout the month of September, hundreds of activities are planned across the country to highlight the importance of individual emergency preparedness. The National Preparedness Month coalition, which includes the U.S. Department of Homeland Security, more than 80 organizations and all 56 states and territories, will encourage Americans to take simple steps to prepare themselves and their families for any possible emergencies.

“National Preparedness Month will give everyone an opportunity to work toward a better prepared America,” said Homeland Security Secretary Tom Ridge. “This broad coalition and vast number of activities and events will allow us to reach millions of individuals and inform them about ways they can prepare for emergencies in their homes, businesses and schools.”

State and territorial activities range from preparedness booths at the state capitol or state fairs; to proclamations, press conferences or town hall meetings on preparedness issues; to statewide public service announcements and emergency trainings. The more than 80 National Preparedness Month partner organizations will help reach millions of Americans by communicating the simple ways that individuals can prepare for emergencies. Partner activities include:

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The American Red Cross will organize Together We Prepare Saturday, September 18 with its chapters nationwide. Chapters are encouraged to sponsor events in their communities such as first aid trainings and preparedness fairs. The organization’s website, RedCross.org will also launch an online store in September with new pre-packaged products to compliment the wide range of preparedness resources.

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The America Prepared Campaign has galvanized the private sector in support of National Preparedness Month by providing preparedness information and tools at some of the nation’s largest retailers, including Home Depot, Starbucks, Wal-Mart, Costco and Sam’s Club. The campaign has also developed public service announcements, which seek to raise awareness about the importance of preparedness and will distribute these starting in September through broadcast, print and outdoor vehicles. In addition, the organization has sponsored two contests to encourage individuals to get prepared, a short film contest judged by Miramax Co-chairman Harvey Weinstein and a cash-prize contest for the school that gets the most families prepared.

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The U.S. Chamber of Commerce, the world's largest business federation, is participating in National Preparedness Month to help get the business community prepared. The Chamber will distribute emergency preparedness information to its employees nationwide and encourage its members, which include businesses, state and local chambers of commerce, and trade and professional associations, to do the same. In addition, the organization will join with Homeland Security to launch Ready for Business, and encourage all businesses to take practical steps to prepare for any possible emergency.

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The National Association of Broadcasters has partnered with the Department of Homeland Security to create Are You Ready?, a step-by-step emergency preparedness guidebook for local broadcasters. The guide provides detailed instructions about how broadcasters can prepare their stations for emergencies and get involved in promoting preparedness in their communities. The NAB will make this valuable resource available to all television and radio broadcast stations during September. Additionally, NAB will promote and distribute emergency preparedness public service advertisements as well as develop and host a Ready section on their website.

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The Public Discourse Project (formerly the 9/11 Commission) will continue to make emergency preparedness a priority. Particularly, its members will work to educate the private sector that preparedness for rescue, restart, and recovery of operations should include a plan for evacuation, adequate communications capabilities, and a plan for continuity of operations, as outlined in the Commission's report.

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The Department of Homeland Security’s National Preparedness Month activities will include initiatives related to the Ready campaign as well as events hosted by Citizen Corps. In September, DHS will build on its Ready campaign, a national public education effort launched in 2003 in partnership with the Ad Council designed to educate and empower individuals to prepare for emergencies by getting a kit, making a family communications plan and being informed about potential threats. Ready for Business will be launched to educate small and medium-sized businesses about safeguarding their employees and assets while preparing for business continuity in the event of a disaster. In addition, Citizen Corps, the Department’s community-based organization that encourages Americans to volunteer to make their communities safer and better prepared for emergencies, will organize events through its 1,400 state and local Councils across the country.

While events will be held across the country throughout the month, all National Preparedness Month partner organizations will join together for a launch on Capitol Hill on September 9 in Washington, DC. The event, co-chaired by Senators Susan Collins (R-ME) and Joseph Lieberman (D-CT) and Representatives Christopher Cox (R-CA) and Jane Harman (D-CA), will be held on the grounds of the United States Capitol at 11:00 AM EDT.

The U.S. Department of Homeland Security (DHS) announced today that it is taking steps to enhance its Homeland Security Information Network (HSIN). Known as HSIN Next Generation (NextGen), the enhancement will provide a secure and trusted national platform for Sensitive But Unclassified (SBU) information sharing and collaboration between federal, state, local, tribal, territorial, private sector, and international partners.

HSIN Next Generation will update the current HSIN technology to better enable Homeland Security to meet the requirements of a trusted and secure environment, combined with enhanced capabilities in many areas.

HSIN NextGen will provide DHS, our partners, and stakeholders information management capabilities and services including a portal, search, collaboration, enterprise content management, and Service Oriented Architecture-based information integration and analysis functions to facilitate their collaboration and information sharing needs for SBU data.

Task order award took place on May 23, 2008, through the Enterprise Acquisition Gateway for Leading Edge Solutions (EAGLE) Indefinite Delivery Indefinite Quantity (IDIQ) contract to General Dynamics One Source, LLC of Fairfax, VA, to develop, operate, maintain, and enhance the HSIN NextGen information sharing and collaboration portal.

The initial award is for $18 million and the total potential five year value, if all options are exercised, is $62 million.

The Department of Homeland Security (DHS) today designated E-Verify, operated by U.S. Citizenship and Immigration Services (USCIS) in partnership with the Social Security Administration, as the electronic employment eligibility verification system that all federal contractors must use as required by Executive Order 12989, as amended. E-Verify is a free Internet-based system that allows enrolled employers to confirm the legal status of new hires within seconds.

"A large part of our success in enforcing the nation's immigration laws hinges on equipping employers with the tools to determine quickly and effectively if a worker is legal or illegal," said Homeland Security Secretary Michael Chertoff. "E-Verify is a proven tool that helps employers immediately verify the legal working status for all new hires."

President George W. Bush has amended Executive Order 12989 in order to direct all federal departments and agencies to require contractors, as a condition of each future federal contract, to agree to use an electronic employment eligibility verification system – designated by the Secretary of Homeland Security – to verify the employment eligibility of all persons hired during the contract term and all persons performing work within the United States on the federal contract.

In response to this Executive Order, Secretary Michael Chertoff today designated E-Verify as the system of choice to ensure that the federal government only does business with companies that agree to verify the legality of their new hires and further, that the specific employees tapped to perform contract services in the United States for the federal government are authorized to work in this country. Federal departments and agencies within the executive branch are already enrolling with E-Verify to check the status of all new hires within the federal workforce. Agencies responsible for federal acquisition regulations (FAR) will send a Notice of Proposed Rulemaking (NPRM) to the Federal Register today soliciting public comment on proposed changes to these regulations. Comments will be accepted for 60 days.

More than 69,000 employers currently rely on E-Verify to determine that their new hires are authorized to work in the United States. Employers have run more than 4 million employment verification queries so far in fiscal year 2008. Of those queries, 99.5 percent of qualified employees are cleared automatically by E-Verify.

To view the Executive Order, please visit www.whitehouse.gov.

U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today a Visa Waiver Program (VWP) interim declaration with Bulgarian Foreign Minister Ivailo Kalfin. The security enhancements outlined in the declaration continues Bulgaria’s progress on the path toward visa-free travel to the U.S., and possible designation as a VWP member.

“I commend the Republic of Bulgaria for its commitment to these enhancements and our shared values of freedom and security,” said Homeland Security Secretary Michael Chertoff. “I look forward to the day when we greet the first visa-free travelers from Bulgaria on our soil.”

The Visa Waiver Program (VWP) has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

The security enhancements outlined in the interim declaration represent important progress toward meeting the requirements of the modernized Visa Waiver Program (VWP). They include, better information sharing about international travel and border screening, improvements in information exchange on known and suspected terrorists, timely and comprehensive reporting of lost and stolen passports, developing an air marshals program, and expanding operations for U.S. Federal Air Marshals.

U.S. Immigration and Customs Enforcement (ICE) arrested 42 men illegally present in the country at Dulles International Airport as part of a critical infrastructure protection (CIP) operation. ICE agents, with support of airport security agencies, arrested the illegal aliens just inside the airport grounds at a checkpoint established to verify the identity and immigration status of workers entering a service gate.

"It is crucial to ICE's homeland security mission to know who enters sensitive areas like airports, military bases and power plants to ensure the integrity of these key assets," said Mark X. McGraw, Special Agent in Charge of ICE's Office of Investigations, Washington field office. "This operation illustrates ICE's ongoing efforts in partnership with federal and local agencies to secure the critical infrastructure within the National Capital Region."

ICE agents interviewed more than 200 individuals to verify their identities, immigration status, and eligibility for lawful employment in the U.S. Most of the individuals encountered worked on construction projects at the airport. Those detained are being interviewed, fingerprinted, photographed and entered into Department of Homeland Security databases at a local ICE office. Relatives and friends wishing to check on the custody status and detention location of those detained may call 1-866-341-3858, ICE's toll-free and 24-hour hotline.

Interviews can often generate critical law enforcement information that may lead to future investigations. There is no indication that any of the aliens were involved in any terrorist activity.

ICE agents prioritize enforcement efforts by focusing on the sites related to critical infrastructure and national security. The goal of CIP operations is to reduce the vulnerabilities at these facilities and other key assets to prevent potential attacks. Critical infrastructure has been defined as systems and assets, whether physical or virtual, so crucial to the United States that the damage or destruction of such systems and assets would have a debilitating impact on security, national economy, public health or safety, and/or any combination of those matters.

Unauthorized workers employed at sensitive facilities such as airports, nuclear power plants, chemical plants, military bases, defense facilities and seaports, may compromise the integrity of these key assets. In FY 2008, ICE agents have made more than 700 administrative arrests and 100 criminal arrests at critical infrastructure facilities.

Transportation Security Administration and the Metropolitan Washington Airports Authority supported this operation.

The U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) announced today that the new U.S. Passport Card is in full production and is now being distributed. The Passport Card is a convenient, wallet-sized document for land and sea travel between the United States and Mexico, Canada, the Caribbean, and Bermuda. It is not valid for international travel by air.

Beginning in June 2009, travelers will be required to present a single Western Hemisphere Travel Initiative-compliant document denoting both citizenship and identity when entering the United States through a land or sea border.

More than 350,000 Americans pre-ordered the U.S. Passport Cards since the Department of State (DOS) began taking orders on February 1. Over 7,600 cards have already been mailed to advance customers, and all pre-orders are expected to be filled by September 30, 2008. After that initial distribution, the processing time for passport cards should be the same as for passport books – less than four weeks. Customers will be able to track the progress of their passport card application online beginning in mid-August.

The passport card will facilitate the frequent travel of Americans living in border communities by utilizing a vicinity-read radio frequency identification (RFID) chip. With this technology, DHS' U.S. Customs and Border Protection (CBP) officers will be able to access photographs and other biographical information stored in secure government databases before the traveler reaches the inspection booth so that inspection can be facilitated. For privacy protection, no personal information is stored on the electronic chip itself. The chip will have only a unique number pointing to a stored record contained in secure government databases.

"We are pleased to offer Americans a choice of documents, the traditional passport book, and now the passport card, to meet their personal needs for international travel," said Assistant Secretary of State for Consular Affairs Janice L. Jacobs. "The passport card is the newest addition to the Department of State's (DOS) long history of providing secure, reliable services to the American traveling public."

"We have been working closely with the U.S. Department of State (DOS) to be able to provide another type of secure identification that is vital to protecting our nation's borders" said Homeland Security Assistant Secretary for Policy Stewart Baker. "The new passport cards will help facilitate legitimate travel while allowing our frontline personnel to focus more on those who may pose a threat."

Hence, the new US Passport Card would serve as a proof of both citizenship and identity. This would expedite sea and land border traveling between the United States and Mexico, Canada, the Caribbean, and Bermuda. However this can not be used for international air travel.

The Passport Card is available for $45 for first-time adult applicants and $35 for children under 16. Adults who currently have valid passports can apply for the passport card by mail for $20.

The U.S. Department of Homeland Security (DHS) announced today the Interim Final Rule for the Electronic System for Travel Authorization (ESTA), a new online system that is part of the Visa Waiver Program (VWP) and is required by the Implementing Recommendations of the 9/11 Commission Act of 2007.

“Rather than relying on paper-based procedures, this system will leverage 21st century electronic means to obtain basic information about who is traveling to the U.S. without a visa,” said Homeland Security Secretary Michael Chertoff. “Getting this information in advance enables our frontline personnel to determine whether a visa-free traveler presents a threat, before boarding an aircraft or arriving on our shores. It is a relatively simple and effective way to strengthen our security, and that of international travelers, while helping to preserve an important program for key allies.”

Once ESTA is mandatory, all nationals or citizens of VWP countries who plan to travel to the United States for temporary business or pleasure under the VWP will need to receive an electronic travel authorization prior to boarding a U.S.-bound airplane or cruise ship. The requirement will go into effect next year and does not affect U.S. citizens traveling overseas.

Currently, citizens of VWP countries complete a written I-94W form providing basic biographical, travel, and eligibility information while en-route to the U.S. With ESTA, VWP travelers will provide this information online prior to departure for the U.S.

ESTA will determine, almost immediately in many cases, if an individual is eligible for VWP travel, and if such travel poses any law enforcement or security risks. ESTA applications may be submitted at any time prior to travel, and once approved, will be valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will also be valid for multiple entries into the U.S. To facilitate the authorization process, DHS recommends that ESTA applications be submitted as soon as an applicant begins planning U.S.-bound travel, and not less than 72 hours prior to travel.

On Aug. 1, 2008, the department will begin to accept voluntary applications through the ESTA Web site at https://esta.cbp.dhs.gov. Until ESTA is mandatory for all VWP travelers, however, ESTA applicants will also still need to complete an I-94W form en-route, for presentation at a U.S. port of entry. The Secretary of Homeland Security is anticipated to publish a notice in the Federal Register by mid-November 2008, announcing implementation of mandatory ESTA requirements on Jan. 12, 2009.

Last fiscal year, the U.S. welcomed more than 15 million VWP visitors.

The U.S. Department of Homeland Security (DHS) released an interim final rule on April 4, 2008, extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension is available to F-1 students with a degree in science, technology, engineering, or mathematics (STEM) who are employed by businesses enrolled in the E-Verify program.

The rule also addresses situations in which an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this by automatically extending the period of stays and work authorization for all F-1 non-immigrant students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

The U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed today a Visa Waiver Program (VWP) Memorandum of Understanding (MOU) with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. The security enhancements outlined in the agreement puts Korea on the path toward visa-free travel to the U.S., and potential designation as a VWP member as early as later this year.

In the words of Homeland Security Secretary Michael Chertoff, "I commend Korea for their collaboration on improving our bilateral security measures, and I share our partner's anticipation for the time when Korean visitors may travel without visas to the United States," he also added, "In our global fight against violent extremism, cooperation is paramount against a patient and adaptive enemy. This agreement demonstrates that enhanced security can also facilitate legitimate travel, which is a win-win for both our nations."

The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the conditions for aspiring countries to join the program.

Among the security enhancements required, DHS will establish an electronic system of travel authorization for air passengers. VWP travelers will be asked to provide some basic information online, which will generate an authorization number for travel. DHS will announce complete details on how the authorization systems will work, and when they will begin, later this year. VWP partners also must ensure reporting of lost and stolen passports to avoid fraudulent use and enhance security measures for airports that originate flights to the U.S., to include permitting air marshals on certain flights.

The VWP has been authorized by U.S. law for over 20 years, with 27 current members from Asia and Europe. The U.S. has signed enhanced VWP agreements with the Czech Republic, Estonia, Latvia, Slovakia, Hungary, Lithuania and Malta in recent weeks. Each country committed to meeting the new requirements of the program, to include an electronic system of travel authorization.

The U.S. Department of Homeland Security has today released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.

In the words of Homeland Security Secretary Michael Chertoff , "This rule will enable businesses to attract and retain highly skilled foreign workers, giving U.S. companies a competitive advantage in the world economy," he also added, "By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the U.S. and aiding good corporate citizens."

Another aspect of the rule responds to the situation in which an F-1 student's status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

To be eligible for an OPT extension, an F-1 non-immigrant student must:

• Currently be participating in a 12-month period of approved post-completion OPT;
• Have successfully completed a degree in science, technology, engineering, or mathematics (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement's Student and Exchange Visitor Program;
• Be working for a U.S. employer in a job directly related to the student’s major area of study;
• Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services' E-Verify program. E-Verify is a free, internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and
• Properly maintain F-1 status.

The U.S. Department of Homeland Security (DHS) has announced improvements aimed at strengthening aviation security while decreasing the hassle factor for travelers. Among the key improvements, DHS is providing airlines more flexibility to allow passengers to check in remotely who have been unable to do so because they have a name similar to someone on a watch list. The department also unveiled the Checkpoint Evolution prototype, which will begin full operation at Baltimore-Washington International Airport (BWI) today. Each airline will now be able to create a system to verify and securely store a passenger’s date of birth to clear up watch list misidentifications. By voluntarily providing this limited biographical data to an airline and verifying that information once at the ticket counter, travelers that were previously inconvenienced on every trip will now be able to check-in online or at remote kiosks.

“Hassles due to misidentification and the resulting necessity to stand in line to check in at the ticket counter is consistently among the deepest – and most valid – complaints of the traveling public,” said Homeland Security Secretary Michael Chertoff. “Thousands of passengers are inconvenienced each day, and this change should provide a way to eliminate the vast majority of these situations. This is good for travelers and for security, because as we make the checkpoint environment calmer, it becomes easier to spot individuals with hostile intent.”

Additionally, DHS is providing greater clarity on the types of identification that will be accepted at checkpoints in the U.S. Beginning May 26, 2008, federal or state-issued photo ID will be accepted if it contains: name, date of birth, gender, expiration date and a tamper-resistant feature. Standardizing the list of accepted documents better aligns TSA with other DHS components and REAL ID benchmarks. More information on acceptable documents is available at www.tsa.gov.

These innovations, along with the new Checkpoint Evolution prototype, are part of a broader effort to calm the checkpoint. The BWI prototype includes Millimeter Wave technology used in random continuous use, multi-view X-ray and liquid bottle scanners. These technologies, in conjunction with changes to the checkpoint environment and processes, will be evaluated for operational efficiency over the coming months.

Transportation Security Officers and managers at BWI are the first in the country to complete a 16-hour training module designed to incorporate the latest intelligence analysis, more advanced explosives detection skills, and ways to engage with passengers to promote a calmer environment for better security. The training was developed by the Transportation Security Administration (TSA) Office of Intelligence, Bomb Appraisal Officers, and TSA Checkpoint Evolution team.

Checkpoint Evolution is located at B Checkpoint, Southwest Terminal at BWI. The layered security elements are both modular and flexible and designed to work individually, as well as part of an integrated package.

The U.S. Department of Homeland Security (DHS) today announced that the final compliance date for the Transportation Worker Identification Credential (TWIC) program will be April 15, 2009, which reflects a realignment of the Sept. 25, 2008 compliance date set in the final rule. The seven month extension is a direct result of collaboration with port officials and industry, and realigns the enrollment period with the original intent of the TWIC final rule.

TWIC was established in the Maritime Transportation Security Act and the SAFE Port Act to serve as an identification program for all Coast Guard credentialed mariners and personnel requiring unescorted access to secure areas within a port. The program is on track to complete enrollment for a substantial number of jurisdictions by the end of 2008, and several ports will be required to comply with TWIC regulations this year.

Owners and operators of facilities located within Captain of the Port Zones Boston, Northern New England, and Southeastern New England will need to comply by October 15, 2008. These three ports were selected based on favorable conditions that facilitate near-term implementation. These ports are ideal for initial compliance based upon geographic proximity, the size of their TWIC enrollment population, and respective enrollment efforts to date. Additional ports will be announced in the coming weeks, and the Coast Guard will provide at least 90 days notice prior to enforcement.

The TWIC program is progressing steadily and has opened more than 100 fixed enrollment centers and dozens of mobile sites nationwide. More than 250,000 workers have enrolled to date and thousands more are processed each week. Enrollment began at the Port of Wilmington, Del. in October 2007.

Workers can pre-enroll online. Pre-enrollment can accelerate credentialing by allowing workers to provide biographic information and schedule a time to complete the application process in person. This eliminates delays at enrollment centers and reduces total enrollment time for each worker.

Although the compliance date has been extended seven months, workers are encouraged to enroll as soon as possible. Additional information can be found on the U.S. Coast Guard’s Homeport site, and on the Transportation Security Administration’s web site.

The U.S. Department of Labor's Veterans' Employment and Training Service (VETS) today announced the publication of a Notice of Proposed Rulemaking on Priority of Service for veterans and eligible spouses. The proposed regulations apply to "any workforce preparation, development or delivery program or service that is directly funded, in whole or in part, by the Department of Labor," as provided by the Jobs for Veterans Act (P.L. 107-288), enacted in 2002.

"Priority of service is an important acknowledgment of the sacrifices of the men and women who have served in the U.S. armed forces," said Charles Ciccolella, assistant secretary of labor for VETS. "The department's strategic vision for priority of service honors veterans and eligible spouses of veterans as our heroes at home, and envisions that the employment and training programs funded by the department, including the workforce investment system, will identify, inform and deliver comprehensive services to veterans and eligible spouses as part of their strategic workforce development activities across the country."

The Veterans' Benefits, Health Care, and Information Technology Act of 2006 (P.L. 109-461) followed-up on the Jobs for Veterans Act by requiring the department to issue regulations governing the application of priority of service. The majority of the department's programs to which the proposed regulations will apply are administered by the Employment and Training Administration. The notice of proposed rulemaking offers citizens and interested organizations an opportunity to submit comments for consideration by the department prior to the publication of final regulations.

"Veterans possess unique attributes that enable them to make significant contributions in the workplace," said Ciccolella. "They are an important source of highly skilled and experienced talent and play a key role in regional workforce development strategies." Implementation of priority of service is designed to provide veterans and eligible spouses with clear entry points into high-growth, high wage civilian jobs and easily accessible post-secondary education and training. The goal is to support their advancement along career pathways that benefit veterans, their families, and regional economies.

The U.S. Department of Homeland Security (DHS) released today the National Emergency Communications Plan (NECP) to address gaps and determine solutions so that emergency response personnel at all levels of government and across all disciplines can communicate as needed, on demand, and as authorized. The NECP is the nation's first strategic plan to improve emergency response communications, and complements overarching homeland security and emergency communications legislation, strategies and initiatives.

"This is a comprehensive plan designed to drive measurable and sustainable improvements to operable and interoperable emergency communications nationwide over the next three years. It emphasizes the human element and cross-jurisdictional cooperation, going beyond simply buying new equipment," said Homeland Security Under Secretary Robert Jamison. "We have recently approved Statewide Communication Interoperability Plans for all 56 states and territories. Aligning these plans with the NECP will move emergency communications forward and further promote a coordinated nationwide strategy."

The NECP defines three goals that establish a minimum level of interoperable communications and a deadline for federal, state, local and tribal authorities:

1. 1. By 2010, 90 percent of all high-risk urban areas designated within the Urban Areas Security Initiative (UASI) can demonstrate response-level emergency communications within one hour for routine events involving multiple jurisdictions and agencies.
2. 2. By 2011, 75 percent of non-UASI jurisdictions can demonstrate response-level emergency communications within one hour for routine events involving multiple jurisdictions and agencies.
3. 3. By 2013, 75 percent of all jurisdictions can demonstrate response-level emergency communications within three hours of a significant event, as outlined in the department's national planning scenarios.

The NECP enhances governance, planning, technology, training and exercises, and disaster communications capabilities with recommendations and milestones for emergency responders and relevant government officials. It is designed to drive measurable and sustainable improvements over the next five years consistent with the: National Response Framework; National Incident Management System; National Preparedness Guidelines; and Target Capabilities List. NECP goals, along with these other department strategies, will improve nationwide response efforts and bolster situational awareness, information sharing and command and control operations.

The department's Office of Emergency Communications developed the NECP in cooperation with more than 150 public and private sector emergency communications officials. The department's new Interoperable Emergency Communications Grant Program will further enable states to align their plans with the NECP.

The U.S. Department of Homeland Security (DHS) will designate Malta as a Visa Waiver Program (VWP) country on Dec. 30, 2009. Maltese nationals will be able to travel visa-free to the United States effective Dec. 30th.

“I commend Malta’s commitment to meeting all of the security requirements for joining the Visa Waiver Program this year,” said Homeland Security Assistant Secretary for Policy Stewart Baker. “This development will further strengthen the U.S. relationship with Malta and reflect our joint commitment to enhancing trade, travel, and security for all our citizens.”

Malta was required to meet various security requirements, including more enhanced law enforcement and security-related data sharing with the United States. VWP members are also required to maintain high counterterrorism, law enforcement, border control and document security standards.

The VWP will enable citizens of Malta to travel to the United States, beginning on Dec. 30, 2009, for 90 days or less for tourism or business purposes without a visa, provided they have an e-passport and an approved authorization via the Electronic System for Travel Authorization (ESTA).

Currently, 34 countries participate in the Visa Waiver Program. The U.S. Congress authorized DHS in August 2007 to reform the VWP and strengthen the security arrangements required of existing participant countries, as well as to expand the opportunity for aspiring countries to join the program. This legislation also mandates certain improvements to the VWP for all participating countries, such as the requirement that travelers first obtain an online authorization to travel under the newly established ESTA, a web-based system that determines the preliminary eligibility of visitors to travel under the VWP prior to boarding a carrier to the United States.

Beginning Jan. 12, 2009, all visitors from VWP countries must apply for and receive an approved travel authorization via ESTA to board a plane or vessel bound for the United States. Of the more than 732,000 ESTA applications filed so far, over 99.7 percent have been approved, the vast majority in less than one minute.

The Department of Homeland Security (DHS) corrects an inadvertent error that was made in the Adjustment of Status to Lawful Permanent Resident for Aliens in T and U Nonimmigrant Status interim rule published in the Federal Register on December 12, 2008.

Need for Correction

On December 12, 2008, the Department of Homeland Security published an interim rule in the Federal Register at 73 FR 75540 to permit aliens in lawful T or U nonimmigrant status to apply for adjustment of status to lawful permanent resident.

At 8 CFR 245.24 DHS inadvertently: Ended the sentence in paragraph (d)(9) with a ``:'' instead of a ``;'',

Omitted the word ``facts'' immediately after the word ``specific'' at the end of paragraph (d)(9), and

Ended the sentence in paragraph (d)(10) with a ``period'' rather than a ``; and''.

Correction of Publication

Accordingly, the publication on December 12, 2008, at 73 FR 75540 of the interim final rule that was the subject of FR Doc. E8-29277 is corrected as follows:

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE

Sec. 245.24 [Corrected]

1. On page 75561, in the second column, at the end of paragraph (d)(9), revise the term ``by specific:'' to read: ``by specific facts;''.



2. On page 75561, in the second column, at the end of paragraph (d)(10), remove the ``.'' and add a ``; and'' in its place.

Read the complete interim rule on Adjustment of Status to Permanent Residency for aliens in T and U nonimmigrant status …

• E-Verify is an Internet-based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. U.S. Citizenship and Immigration Services (USCIS) administers the program.



• Free, safe, secure and simple to use, E-Verify is the best means available for determining employment eligibility of new hires and the validity of their Social Security Numbers. The program provides participating employers an automated Internet-based resource to verify the employment eligibility of newly hired employees. Participating employers run authorization checks on all newly hired employees, including U.S. citizens and non-U.S. citizens, against SSA and DHS databases (about 449 million, and 60 million records respectively). Through this process, E-Verify assists employers in maintaining a legal workforce and protects jobs for authorized U.S. workers.



• USCIS began testing a photo screening tool enhancement to E-Verify and formally launched it on Sept. 17, 2007. The tool allows a participating employer to check the photos on Employment Authorization Documents (EAD) or Permanent Resident Cards (green cards) against images stored in USCIS databases. The goal of the photo tool is to detect and deter identify fraud by helping employers determine whether the document presented is the same document issued by USCIS (e.g., that it is not a forgery involving photo-substitution).



• More than 100,000 employers are currently using the E-Verify program to verify that their new hires are authorized to work in the United States. For FY2009 to date, more than 2 million employment verification queries have been run. During FY2008, approximately 6.6 million employment verification queries were run (as compared to a total of 3.27 million in all of FY2007). The Department of Homeland Security’s FY2009 appropriation legislation, signed into law on Sept. 30, 2008, provided $100 million to continue, expand and improve E-Verify in FY2009.



• Employers can register for E-Verify on-line, (see the “Related Links” section on the upper-right hand side of this page for a link.) The site provides instructions for completing the Memorandum of Understanding (MOU) needed to officially register for the program. Once registered, employers use E-Verify by entering information captured on the Employment Eligibility Verification form (I-9).



• A recent study conducted by Westat, a social science research firm which monitors the effect of various changes made to the E-Verify program, found that between April and June 2008:
  
  
  - Approximately 96.1 percent of all cases queried through E-Verify were instantly found to be employment authorized (this is a substantial improvement from 94.2 percent);
  
  - About 99.6 percent of all work-authorized employees verified through E-Verify are verified without receiving a tentative non-confirmation or having to take any type of corrective action;
  
  - Erroneous tentative non-confirmations (those that were work-authorized but who received a non-confirmation) have improved from 0.5% to 0.4%. Ultimately, these mismatches are successfully resolved; and
  
  - Of all queries received, final non-confirmations (meaning not work-authorized) are 3.5 percent; down from 5.3 percent.

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) first authorized the program. E-Verify evolved from the Basic Pilot/Employment Eligibility Verification Program, which originally developed in 1997 and was made available to employers as a Web-based program in 2004. The Basic Pilot Extension and Expansion Act of 2003 extended E-Verify until November 2008.

The U.S. Department of Homeland Security (DHS) today reminded travelers from all Visa Waiver Program (VWP) countries that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. This requirement, effective today, applies to all eligible citizens or nationals traveling under the Visa Waiver Program (VWP).

“We have been collecting information from visa waiver travelers for decades, and establishing a program to get that same information in advance is one enhancement that allowed us to extend the valuable benefit of visa-free travel to eight new countries in 2008,” said Homeland Security Secretary Michael Chertoff. “In addition to building business and cultural ties with our partners overseas, this is a commonsense step into the 21st century that will improve our efficiency in screening and welcoming international travelers at our ports of entry.”

ESTA is a web-based system, initially launched in August 2008, determines the preliminary eligibility of visitors to travel under the Visa Waiver Program (VWP) prior to boarding a carrier to the United States. To date, more than 1.2 million ESTA applications have been received, and more than 99.6 percent of applicants have been approved, most within seconds.

DHS will take a reasonable approach to travelers who have not obtained an approved travel authorization via ESTA, and will continue an aggressive advertising and outreach campaign throughout 2009. Travelers without an approved ESTA are advised, however, that they may be denied boarding; experience delayed processing, or be denied admission at a U.S. port of entry.

DHS received authorization for Visa Waiver Program (VWP) reforms through the Implementing Recommendations of the 9/11 Commission Act of 2007. The VWP is administered by the department and enables eligible citizens or nationals of certain countries to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. To be admitted to the Visa Waiver Program (VWP), a country must meet various statutory requirements, such as more enhanced law enforcement and security-related data sharing with the U.S. and timely reporting of both blank and issued lost and stolen passports. Visa Waiver Program (VWP) members are also required to maintain high counter-terrorism, law enforcement, border control, and document security standards.

The citizens or nationals of the following countries are currently eligible to travel to the United States under the Visa Waiver Program (VWP): Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom. Eight of these countries joined the VWP in 2008, and their citizens and nationals have been required to comply with an ESTA since their designation as VWP participants: the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Slovakia and Malta.