Note: 

Affected countries: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen (Armenia added then dropped).
On December 22, 2016, the Department of Homeland Security (DHS) published an advance copy of a final rule, scheduled to be published on December 23, 2016, that removed existing regulations relating to the National Security Entry-Exit Systems (NSEERS). Between 2002 and 2003, DHS implemented and amended the NSEERS program to designate male nationals of 25 primarily Middle Eastern or Muslim-majority countries as subject to “special registration” procedures. In 2011, DHS removed all countries from the NSEERS list but left the regulatory framework intact. This would have allowed for reinitiation of the NSEERS registration program without new public notice and comment.

The final rule describes NSEERS as “redundant” and “obsolete,” noting that many of the original procedures under NSEERS have since been adopted and modernized by newer programs and functions under the Department of Homeland Security. These include biometrics capture processes for fingerprinting and photo identification (eg, US-VISIT), as well as arrival, departure, and visa information collection that is now automated. In addition, DHS identified numerous agency databases that have since been implemented or significantly upgraded, including SEVIS, ESTA, and EVUS, which enable a targeted, intelligence-driven border security model.

As the existing NSEERS rule is being rescinded, any new “Muslim registry” program will be subject to public notice and comment.

Please read our 4/27/2011 news story: NSEERS requirements no longer in effect

What is Special Registration?

Special Registration, or the National Security Entry-Exit Registration System (NSEERS) is a registration system which previously targeted certain nonimmigrants of mostly Middle Eastern or Muslim countries, that enables the government keep track of the arrival and departure of these nonimmigrants who come to the U.S. every year. NSEERS did formerly involve a “call in” component that required foreign nationals to report to local INS, then USCIS (U.S. Citizenship & Immigration Services) offices.  The NSEERS program was taken over by ICE (Immigration & Customs Enforcement) in December 2003. ICE issued a notice discontinuing blanket “call in” registration (the 30 day and annual re-registration requirements), but all other requirements, such as port of entry and port of exit registration with CBP (Customs & Border Protection), continued to apply. ICE also provided for a process for applications for waiver of special registration requirements.

NSEERS special registration involves being fingerprinted, photographed and interviewed at the port of entry and exit, but is separate from and in addition to “US-VISIT” registration that is being
increasingly implemented and affects all nonimmigrants.

Exit special registration compliance required that nonimmigrants depart ONLY at one of the following specially designated ports of departure and appear at the special registration desk/booth/office.  NOTE: Until elimination of the NSEERS special registration program, nonimmigrants subject to special registration were required to depart from a designated port of exit and undergo re-registration at that port of exit.

On our website:

• NSEERS requirements no longer in effect as of 4/28/11
• J&H memo: Call-In Special Registration 2002
• Legacy INS memo on port of entry special registration currently applied by CBP

On the DHS website:  (Special Registration was transferred from USCIS to ICE in December 2003)

• referenced web pages have since been removed from DHS website

Other government websites:

• US-VISIT
• OPM: Citizenship around the World

Change of address for Special Registration:

Under USCIS regulations, all  nonimmigrants who were subject to special registration were required to notify USCIS of changes of employment or school, as well as address,using form  AR-11SR.  For for a copy of form AR-11SR and mailing instructions, visit the USCIS website. NSEERS change of employment or school reporting requirements no longer in effect as of 4/28/11; however all foreign nationals are required to notify USCIS of changes of address using Form AR-11. For more information, see our change of address page.

DISCLAIMER:  Jackson & Hertogs is providing this information about Special Registration as a courtesy. In so doing, we are not creating an attorney/client relationship with the Nothing in this memorandum is intended to be, nor should it be construed as being, legal advice for your particular circumstances.  You are advised to clarify questions concerning Special Registration on USCIS website. If you wish to retain Jackson & Hertogs to evaluate Special Registration requirements in light of your individual situation, please contact our office for a consultation.