• certain Canadian and Mexican nonimmigrants who receive a Form I-94 at inspection, including those applying for admission in C, D, F, H, I, J, L, M, O, P, Q-3 and Q-3, R, S, T, and TN categories (Canadians applying for admission in E, or K categories are already subject to the US-VISIT requirement),
• Canadians who require a waiver of inadmissibility,
• foreign nationals who are paroled into the United States,
• foreign nationals who have applied for immigrant visas through consular processing and who are seeking admission as immigrants,
• U.S. permanent residents (greencard holders),
• refugees and asylees, and
• Guam Visa Waiver entrants.

Canadians applying for admission as B-1/B-2 visitors for business or pleasure (e.g., entering the U.S. to visit, shop, attend conferences or business meetings, etc.) remain exempt from US-VISIT. Mexicans using their Border Crossing Cards (BCCs) may or may not be exempt, depending on whether the document is used as a Border Crossing Card or as a visa, and on officer discretion.

In addition, certain classes of foreign nationals (those admitted under certain diplomatic visas, under age 14 or over 79), and certain other classes of individuals as designated by the Secretaries of State and Homeland Security, and the director of the Central Intelligence Agency, remain exempt from US-VISIT.

At air and sea ports of entry, foreign nationals will be processed at primary inspection. At land ports of entry, permanent residents will go through US-VISIT biometric collection if they are referred for a more detailed secondary inspection after primary inspection. Foreign nationals requiring an I-94 are referred to secondary inspection in any event.

Failure to comply with the requirement to provide biometrics upon admission or departure from the U.S. may result in the determination that the foreign national is inadmissible. Jackson & Hertogs will continue to monitor expansion and evolution of US-VISIT, and post updates.

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