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February 6, 2003. - The Immigration and Naturalization
Service will eliminate the visa exemption for Canadian landed
immigrants (i.e. Canadian permanent resident aliens) who are
citizens of British Commonwealth Countries effective March
17, 2003. The list of British Commonwealth Countries affected
by this new rule includes:
Antigua and Barbuda,
Australia, Bangladesh, Barbados, Belize, Botswana, Brunei
Darussalam, Cameroon, Cyprus, Dominica, Fiji Islands, Ghana,
Grenada, Guyana, India, Jamaica, Kenya, Kiribati, Lesotho,
Malawi, Malaysia, Maldives, Malta, Mauritius, Mozambique,
Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New
Guinea, Samoa, Seychelles, Sierra Leone, Singapore, Solomon
Islands, South Africa, Sri Lanka, St. Kitts and Nevis, St.
Lucia, St. Vincent and the Grenadines, Swaziland, The Bahamas,
The Gambia, Tonga, Trinidad and Tobago, Tuvalu, Uganda,
United Kingdom, United Republic of Tanzania, Vanuatu, Zambia,
and Zimbabwe
The same new rule applies to "residents...of Bermuda
having a common nationality with British subjects in Bermuda."
Berry, Appleman & Leiden advises U.S. employers with
employees impacted by this rule (including H-1B and L-1 nonimmigrants)
to budget additional time for visa acquisition into their
travel planning since these individuals, who previously were
not required to apply for visas at US consulates, will now
need to acquire visas in order to travel to the United States.
Affected employees currently in the U.S. will need to factor
in visa processing time when contemplating international travel.
The new rule does not affect the general exemption from visas
for the WT or WB visitor classifications (not employment authorized
classifications) under the Visa Waiver Program. Nationals
from these countries are generally allowed to visit the U.S.
for short business or pleasure trips without a visa. The following
countries are part of the Visa Waiver program, and listed
in the INS rule:
Andorra, Australia, Austria, Belgium, Brunei, Denmark,
Finland, France, Germany, Iceland, Ireland, Italy, Japan,
Liechtenstein, Luxembourg, Monaco, the Netherlands, New
Zealand, Norway, Portugal, San Marino, Singapore, Slovenia,
Spain, Sweden, Switzerland, the United Kingdom, and Uruguay.
The United Kingdom refers only to British citizens who have
the unrestricted right of permanent abode in the United
Kingdom (England, Scotland, Wales, Northern Ireland, the
Channel Islands and the Isle of Man); it does not refer
to British overseas citizens, British dependent territories'
citizens, or citizens of British Commonwealth countries.
Effective immediately, the U.S. Embassy and Consulates in
Canada have adopted visa mail-in procedures for Landed Immigrants
from Commonwealth countries. Please see the announcement linked
below:
Public Announcement
Concerning Visa Requirements
For further details, clients can contact their attorney at
Berry, Appleman & Leiden or visit the INS website to review
the notices in their entirety.
Update - February 24, 2002 - The Public Announcement
concerning mail-in procedures has changed. Only the following
classes are eligible for mail-in service:
- Applicants for A, G and NATO visas;
- Bearers of diplomatic and official passports;
- Applicants 16 years of age or younger;
- Applicants 60 years of age or older.
The updated announcement is available at www.usembassycanada.gov:
http://www.usembassycanada.gov/content/content.asp?section=travel&document=landed_newrequirements_021803
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