The Department of Homeland Security (DHS) recently announced changes to the Visa Waiver Program (VWP), which allows nationals of certain countries to travel to the US for either tourism or for business for stays of 90 days or less without first obtaining a visa.
Beginning November 17, 2008, the VWP will expand its current membership of 27 countries to include seven new members: the Czech Republic, Estonia, Latvia, Lithuania, Hungary, South Korea and the Slovak Republic.
To be eligible to travel under the VWP, nationals from the new member countries must possess a biometric passport and obtain advance authorization to travel by registering online through the Electronic System for Travel Authorization (ESTA), which can be found here. A biometric passport (also known as an e-Passport) includes an integrated computer chip capable of storing biographical information from the data page, as well as other biometric information, such as the required digital photograph of the passport holder.
Please note that eligible nationals from pre-existing VWP countries may voluntarily register with ESTA before traveling to the US, but are not required to do so. However, it is anticipated that ESTA authorization will become mandatory for all nationals of VWP countries beginning January 12, 2009.
Federal Contractor E-Verify Rule Effective January 15, 2009
On January 15, 2009, a final rule will take effect requiring certain federal contractors to enroll and participate in the E-Verify program. The rule requires these federal contractors to use the E-Verify program to verify the employment eligibility of all new hires, and the eligibility of existing employees who perform work directly under a federal contract. The final rule applies to contracts awarded or amended after January 15, 2009. The final rule also will apply to certain subcontractors.
Federal contractors subject to the rule are required to enroll in E-Verify within 30 days after being awarded such a contract. Within 90 days after enrollment, federal contractors must begin the process to implement the program for all new hires. Once implemented for new hires, they must verify the work eligibility of each new hire within three business days of the date of hire. Existing employees hired after November 6, 1986, who work under a federal contract will have to be verified within 90 days after the date of the federal contractor's enrollment in E-Verify, or within 30 calendar days of the employee's assignment to the contract, whichever date is later.
Federal contractors who have already been enrolled in E-Verify for 90 days or more when a federal contract is awarded must verify new hires within three business days of the date of hire, and existing employees within 30 days after being assigned to work under a federal contract, or within 90 days after the award of the contract, whichever is later.
Federal contractors also have an option to verify all employees, including any existing employees not assigned to a government contract.
The final rule exempts certain employers. While institutions of higher education, state and local governments, and Indian tribes are all required to verify the work eligibility of existing or new employees assigned to work under a federal contract, these entities are not required to use E-Verify to verify the eligibility of all new hires.
Click here for a copy of the regulation.
