EVUS Database Registration Required by Chinese Visitors

 

December 14 deadline looms for Chinese nationals holding U.S. visitor visas valid for 10-years. Failure to comply results in automatic revocation.

Effective November 29, 2016, all Chinese nationals holding 10-year United States B1/B-2, B-1, and B-2 visas must enroll and comply with the requirements of the EVUS database.  Any covered alien who received a visa prior to November 29, 2016 must enroll in EVUS before December 14, 2016. 

The EVUS requirement comes with the governments of the United States and China entering into a reciprocal agreement to issue visitor visas with a 10-year validity.  The Electronic Visa Update System (“EVUS”) is a database operated by the Department of Homeland Security (“DHS”)and Department of State (“DOS”).  The system allows for the collection of biographic information from foreign nationals holding certain nonimmigrant (temporary) visas valid for long durations.  EVUS requires visa holders to periodically to reconfirm eligibility for the visa category.  A Notice of Compliance must be issued by EVUS for covered persons to travel.  Reenrollment is required every two years or on the occurrence of certain events.  Noncompliance or rejection by EVUS results in automatic revocation of the visa.

10-Year Visitor Visas and EVUS for China

 

In November 2014, the United States and China entered a reciprocal agreement to issue 10-year visitor visas for business and pleasure to each others nationals.  The arrangement recognized that travelers would be required to periodically complete an online form updating their biographical information.  The EVUS system has questions provided in Mandarin, although the system requires answers in English.  Mandarin speaking customer service agents are available 24 hours per day 7 days a week, excluding U.S. holidays.  The EVUS Call Center can be reached 1-202-325-0180 or by email at evus[at]cbp.dhs.gov. 

EVUS enrollment may be completed by the covered alien or by a third party, such as a friend, relative, or travel industry professional, at the direction of the covered alien.

 

DHS and DOS anticipate that EVUS may be expanded to include a number of countries and visa categories.

 

The EVUS Program

 

DHS has developed EVUS as a mechanism through which biographical information of covered visa holders can be reviewed to confirm continued eligibility for the visa and admissibility of the alien before embarking on a trip to the United States.  DHS believes that EVUS will provide for greater efficiencies in the screening of international travelers by allowing DHS to identify subjects of potential interest before they depart for the United States.

Aliens covered by EVUS must enroll online at www.EVUS.gov and provide truthful, accurate, and complete responses to all of the required questions. After the enrollment, the submitter will receive an electronic status message stating “enrolled,” “pending,” “unsuccessful,” or “The State Department has revoked your visa.”

U.S. Customs and Border Protection (“CBP”) anticipates that each EVUS enrollment attempt will be adjudicated within 72 hours of submission, although most results will be received shortly after submission.

 

An “enrolled” message indicates that the submission was successful and that the covered alien has a valid Notification of Compliance.  If a “pending” message is received, the alien will need to return to the Web site at a later time to verify successful enrollment.

 

An “unsuccessful” message may occur from the alien's failure to provide adequate responses to the EVUS questions, the alien's attempt to use an invalid passport or visa, such as an expired document or one reported lost or stolen, or irreconcilable errors discovered relating to the information the alien provided as part of an attempted EVUS enrollment.  An unsuccessful EVUS enrollment after November 29, 2016 means that the covered alien's visa will be automatically provisionally revoked. An unsuccessful enrollment does not cause the underlying visa to be permanently revoked. A covered alien may reattempt enrollment any number of times, subsequent to receiving an “unsuccessful” message.

 

If the submitter receives a message stating that “The State Department has revoked your visa,” the submitter will not be permitted to travel to the United States on that visa until a new visa application has been submitted to DOS, a new visa has been issued, and the submitter has successfully enrolled in EVUS based on his or her new visa.

 

Notification of Compliance

The Notice of Compliance will be issued through the EVUS system only.  CBP will not send a notice via email.  The alien is responsible for confirming a Notice of Compliance has been issued and printing a copy of it. 

 

The Notification of Compliance is valid for a period of two years and an alien may travel to the United States repeatedly using the same notification.

 

A Notification of Compliance is required before an alien may travel to the United States and a carrier will verify that the traveler has a valid Notification of Compliance before allowing the alien to board.

 

A Notification of Compliance does not restrict, limit, or otherwise affect the authority of CBP officers to determine an alien's admissibility to the United States during inspection at a port of entry or the respective authorities of DHS and DOS to refuse or revoke a nonimmigrant visa.

 

Two Year Validity

Generally, a Notification of Compliance will be valid for a period of two years.  The notification will be valid only for the duration of the passport or visa and so may be valid less than two years. 

 

Individuals who have successfully enrolled in EVUS may return to the EVUS Web site at any time to verify their EVUS status and notification of compliance expiration date.

 

Failure to re-enroll in EVUS before the expiration of a Notice of Compliance will result in automatic provisional revocation of the visa.  The alien may not travel to the United States until the alien re-enrolls in EVUS and obtains a new Notification of Compliance.

 

Re-Enrollment

Certain events require an alien to re-enroll in EVUS:

 

(a) The alien is issued a new passport or new nonimmigrant visa of a designated category;

 

(b) The alien changes his or her name;

 

(c) The alien changes his or her gender;

 

(d) There is any change to the alien's country of citizenship or nationality, including becoming a dual national; or

 

(e) The circumstances underlying the alien's previous responses to any of the EVUS enrollment questions requiring a “yes” or “no” response (eligibility questions) have changed.

 

Related Links

 

Establishment of the Electronic Visa Update System (EVUS), 81 FR 72481 (Oct. 20, 2016).

 

Visas: Visa Information Update Requirements Under the Electronic Visa Update System (EVUS), 81 FR 72522 (Oct. 20, 2016).

 

EVUS

 

CBP, Electronic Visa Update System (EVUS) Frequently Asked Questions. 

 

DOS, The United States and China Agree to Extending Visas for Short-term Business Travelers, Tourists, and Students, Frequently Asked Questions.

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