Customs and Border Protection Department of Homeland Security

News & Analysis as of

U.S. Business Visitors Using the Visa Waiver Program May Soon Be Asked for Social Media Information

The federal government has proposed a new rule requiring that applicants for the Visa Waiver Program (VWP)—which allows citizens of certain countries to enter the United States without visas—be asked to voluntarily disclose...more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

4 Trusted Traveler Programs That Save You Time (and Stress) at U.S. Airport Security

Because this is an “International” blog, we need to talk about one of the most important aspects of international business – travel. And as you know, we are in the thick of the travel season. So it only makes sense to...more

Is it a new day for Jones Act enforcement? Maybe. A practical look at coastwise concerns

The Jones Act (46 U.S.C. § 55102) provides that the transportation of merchandise between coastwise US points is prohibited unless performed by vessels that are US-built, owned, and documented. US Customs and Border...more

CBP Announces the “JADE”—A New Enforcement Division for the Jones Act

Action Item: The creation of the National Jones Act Division of Enforcement (“JADE”) signals that U.S. Customs and Border Protection has made Jones Act outreach and enforcement a national priority. U.S. and foreign...more

Report Shows Better Oversight Needed for DHS Fee-Collecting Programs

Last week, the U.S. Government Accountability Office (GAO) released a report after examining the way the U.S. Department of Security (DHS) manages the billions of dollars it collects from its various programs. In FY 2014, DHS...more

Visa Waiver Program Participants Are Required to Have an e-Passport to Travel to the U.S.

Last August, the Department of Homeland Security (DHS) Customs and Border Protection (CBP) announced that travelers participating in the Visa Waiver Program to travel to the United States would be required to have an...more

TFTEA – CBP Organizational Structure

Among its many provisions, the Trade Facilitation and Trade Enforcement Act (“TFTEA” or the “Act”), H.R. 644, formally establishes U.S. Customs and Border Protection (“CBP”) as a department within Homeland Security (“DHS”)....more

Customs Bill Strengthens Trade Enforcement

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote. After passing the House of Representatives in December 2015, Senate action was delayed after a...more

Senate Passes Trade Facilitation And Trade Enforcement Act - Comprehensive Customs bill addresses several key topics

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote. Today’s action constitutes acceptance by the Senate of a conference agreement reached by House and...more

Exceptions to Restrictions - Using the Visa Waiver Program (VWP)

In our last post, we discussed the Visa Waiver Program Improvement and Terrorist Prevention Act of 2015 (the “Act”). It prevents a citizen of one of 38 VWP countries (Australia, Italy, Japan, Switzerland, etc.) who is also a...more

CBP releases FAQ on Visa Waiver Program: Rule Changes

On December 18, 2015, President Obama signed the “Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015” into law. On January 21, 2016, the Department of Homeland Security (DHS) and Department of State...more

Proposed Changes to Visa Waiver Program, Enhanced Security Measures Will Impact Airlines

The White House is proposing changes to the Visa Waiver Program (VWP) as well as enhanced security measures that would tighten the entry requirements for U.S.-bound alien travelers. Under VWP, travelers from 38 countries may...more

Age is Just a Number: Ninth Circuit Ruling in Age Discrimination Case Adopts Seventh Circuit’s “Rebuttable Presumption” Approach...

On August 3, 2015, the U.S. Court of Appeal for the Ninth Circuit issued a decision in France v. Johnson, holding that an average age difference of less than 10 years between an Age Discrimination in Employment Act (ADEA)...more

US, Canada, and Mexico to Expand Trusted Traveler Programs

The Department of Homeland Security (DHS), Public Safety Canada, and the Secretariat of Governance of Mexico announced the planned expansion of the existing trusted traveler programs. This expansion is the first step toward...more

A Border Search Doctrine Without Borders? A Court Pushes Back Against Searches of Laptops and Cellphones

Last year, the Supreme Court in Riley v. California (134 S. Ct. 2473 (2014)) recognized the unique characteristics of laptops and cellphones and held that police generally may not search the cellphone of an individual who has...more

New Tool to Fight Counterfeiting – Customs Recordation Now Available in Canada

Many U.S. brand owners already work with U.S. Customs and Border Protection (CBP), a division of the U.S. Department of Homeland Security, to keep counterfeit products out of the U.S. CBP examines cargo at more than 300 ports...more

Trusted Traveler Programs: Expanded Resources for Today’s Business Traveler

Companies of all sizes have increased workforce mobility needs arising from international short-term relocations, business visits, trade shows, conferences, speaking engagements, etc. It is critical for today’s business...more

Immigration Corner: Scams Abound, Getting Acquainted with the Business Visitor, and CBP Eases Your Next U.S. Entry

New Initiatives = New Targets for Scams - Unfortunately, where there is uncertainty, there are those who will use scams to target those individuals looking for clarity. On November 20, 2014, the President announced a...more

Why is My I-94 Expiration Date Different from My Form I-797 or Visa?

Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP) to foreign nationals admitted to the U.S. Form I-94 designates the duration of authorized...more

Major Immigration Changes

On Thursday evening, November 20, 2014, President Obama summarized his Immigration Accountability Executive Actions. This will signal the beginning of contentious political debate that should go on for at least the next few...more

President Obama Announces Executive Action on Immigration

During last week's primetime television broadcast, President Obama announced steps to fix what he termed the “broken” US immigration system. The president focused his speech on increasing border security and providing a...more

November 2014 Immigration Alert

DHS Announces Enhancements to ESTA Program - On November 3, 2014, the Department of Homeland Security (“DHS”) announced enhanced security measures that foreign nationals (“FNs”) seeking to use the Electronic System...more

Immigration Corner

The Department of Homeland Security (DHS) recently implemented security measures for the application for Electronic System for Travel Authorization (ESTA) required for those traveling to the United States under the Visa...more

White House Immigration Update

On August 5th, the White House released a comprehensive update on President Obama’s efforts relating to immigration these past few months, including traveling to Texas in July to meet with local officials, faith leaders, and...more

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