[Federal Register Volume 69, Number 250 (Thursday, December 30, 2004)]
[Notices]
[Page 78515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-28566]


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DEPARTMENT OF STATE

[Public Notice 4945]


Deployment of the Biometric Visa Program for the Collection of 
Biometric Identifiers of Nonimmigrant and Immigrant Visa Applicants

    This public notice announces the Biometric Visa Program, which has 
been operating in a pilot mode since September 22, 2003, which became a 
permanent program effective October 26, 2004.
    Section 303 of the ``Enhanced Border Security and Visa Entry Reform 
Act'' (The Border Security Act) (Pub. L. 107-173, 116 Stat. 543), 
requires that ``not later than October 26, 2004, the Attorney General 
[now the Secretary of Homeland Security] and the Secretary of State 
shall issue to aliens only machine-readable, tamper-resistant visas and 
travel and entry documents that use biometric identifiers.'' In order 
to fulfill the requirement for biometric identifiers, we established 
the Biometric Visa Program, by which immigrant and nonimmigrant visa 
applicants enroll fingerscans of their two index fingers and submit 
photographs with visa applications.
    In establishing the Biometric Visa Program, we coordinated closely 
with the Department of Homeland Security (DHS). The Biometric Visa 
Program is a partner program to the DHS US-VISIT Program that is in 
effect at U.S. ports of entry and that uses the same biometric 
identifiers, two index fingerscans and a photograph. By coordinating 
these two programs, the two departments have ensured the integrity of 
the U.S. visa. This is accomplished by sending the fingerscans and 
photos of visa applicants to DHS databases. When a person to whom a 
visa has been issued arrives at a port of entry, his or her photo is 
retrieved from a database and projected on the computer screen of the 
Customs and Border Protection officer. The person's fingerscans are 
compared to the fingerscans in the database to ensure that the person 
presenting the visa is the same as the person to whom the visa was 
issued.
    Certain exemptions to the fingerscans under the Biometric Visa 
Program were also coordinated with the Department of Homeland Security 
to coincide with the exemptions to fingerscans under the US-VISIT 
Program. Under the Biometric Visa Program, applicants for diplomatic or 
official visas, for visas to represent their governments at recognized 
international organizations such as the United Nations or for visas to 
serve as employees of such organizations, for NATO visas, or for 
government officials on official transit through the U.S. are exempt 
from the fingerscans. The aforementioned are represented by visa 
categories: A-1, A-2, G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-
4, NATO-5, NATO-6 and C-3 (except for attendants, servants, or personal 
employees of accredited officials). In addition, persons under age 14 
and persons age 80 or above are exempt from the fingerscans, unless the 
person is applying for a nonimmigrant visa at a consular post in 
Mexico. In Mexico, we have been requiring fingerscans for applicants 
age 7 and above under the program for issuance of biometric Border 
Crossing Cards (commonly known as ``laser visas''), which began in 
1998. We will continue to require fingerscans for any nonimmigrant visa 
applicant age 7 and above at our posts in Mexico. These age exemptions 
are being put into effect for operational efficiencies; however, the 
Secretary of State retains the authority to require fingerscans of 
children under age 14 or adults age 80 or above. All visa applicants 
are required to submit a photograph with the visa application, except 
at consular posts in Mexico where most nonimmigrant visa applicants 
have a live-capture photo taken at post.
    By checking fingerscans against a biometric watchlist, the 
Biometric Visa Program enables consular officers to deny visas to 
persons on the watchlist who are ineligible for visas. For the great 
majority of travelers, the Biometric Visa Program performs a travel 
facilitation function by allowing for biometric identity verification 
at ports of entry, which serves to facilitate admission to the United 
States.

    Dated: December 17, 2004.
Maura Harty,
Assistant Secretary for Consular Affairs, Department of State.
[FR Doc. 04-28566 Filed 12-29-04; 8:45 am]
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