Hosting Foreign Nationals

in ARS Facilities Jason GrovesForeign Visitor SpecialistARS Homeland Security Staff

Terminology

During this presentation you’re going to hear some terminology which may be new to you. There will be instances it’ll be replacing old or outdated phrases which you’ve become accustomed to using. Others were purposefully chosen because I believe them to be more accurate, legally correct, easier to understand, or a combination of all three ...

“Non-Citizen” - is ambiguous as the term could be applied to a U.S. ‘national’; someone born in a U.S. territory who lacks United States citizenship. U.S. Law guarantees nationals are afforded the same rights as citizens. Additionally, “non-citizen” could be used to describe a ‘refugee’. It is more appropriate to refer to these individuals as ‘Foreign National’.

“Name Trace” - the process by which the program’s name was originally derived was specific to the Department of Defense’s Counterintelligence Field Activity which USDA no longer utilizes to vet foreign nationals. The process is now referred to as a ‘background check’, and the program is now called the ‘Access and Benefit Control Program’ (think foreign national ABCs).

“Clear” - since USDA doesn’t actually conduct background checks on foreign nationals but rather relies on other agencies it has no way of knowing whether someone is truly “clear”. Over the last two years, I have begun using the expression ‘no derogatory information [was] received’.

“Green Card” - The Permanent Resident Card, is known informally as a Green Card but its correct name is Form I-551 or ‘Permanent Resident Card’.

Who are “Foreign Nationals”?

People who are not citizens or nationals of the United Statesor its territories: American Samoa, the Northern Mariana Islands, Guam, Puerto Rico, or the U.S. Virgin Islands by birth or naturalization are foreign nationals.

Lawful Permanent Residents (LPR) (persons issued a ‘green card’) showing they have been granted the right to permanently reside in the U.S., are considered foreign nationals until they become naturalized.

Non-Immigrant vs. Immigrants

Non-Immigrant - [A foreign national] who seeks temporary entry to the United States for a specific purpose. The [individual] must have a permanent residence abroad (for most classes of admission) and qualify for the nonimmigrant classification sought … [C]lassifications include: foreign government officials, visitors for business … , students, … temporary workers and trainees, … exchange visitors ... Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.

Immigrant - Any [foreign national] who is residing in the U.S. under legally recognized and lawfully recorded permanent residence [category is known] as an immigrant. [An immigrants may also be referred to] as [a] "Permanent Resident Alien", "Lawful Permanent Resident [(LPR)]," … [or] "Green Card Holder."

How to Establish Who’s a Foreign National

How do you establish whether someone is a foreign national? Ask them. No seriously … asking might seem discriminatory but it’s not. Especially if you make it a habit to ask everyone!

Title 18, Section 911 of the U.S. Code states: “[w]hoever falsely and willfully represents [themself] to be a citizen of the United States shall be fined … or imprisoned not more than three years, or both.”

U.S. Citizenship (or nationality) can only be proven in one of three ways:

U.S. Citizenship

1. Presentation of a U.S. passport

3. Presentation of a Naturalization Certificate, Form N-550 or 570 (Replacement)

2. Presentation of a birth certificate from a U.S. state or territory or a State Department-issued Report of Birth Abroad Form FS-240 or DS-1350

Who May Host a Foreign National?

Only U.S. citizens employed by USDA in permanent positions (this excludes career-conditional employees) that have a favorable background investigation on file may host a foreign national.

When is a Host Required?

Foreign nationals are required to have a host when accessing an USDA-owned, operated, or controlled facility that is not ‘open to the public’.

Prohibited Countries

The following countries have been designated ‘State Sponsors of Terrorism’:

Foreign nationals born in or having citizenship from these countries are not permitted in ARS facilities. The Director of the ARS Homeland Security Staff may permit access by individuals who have been granted LPR status in the U.S., or who will be part of an officially planned or sanctioned visit coordinated by another U.S. Government agency (such as the State Department).

Iran Sudan Syria

Legal Presence

When accessing an ARS facility, a foreign national must be able to confirm their identity and prove their legal presence in the U.S. Their stay at the facility may not last beyond their legal stay in the U.S.

Non-Immigrants may only use the documents they presented when applying for admission to the U.S. In most cases, this would include their passport the ‘departure’ portion of a Form I-94 (Arrival-Departure Record) or ESTA™

confirmation (Visa Waiver participants only). Students (F Visa), and Exchange Visitors (J Visa) must present a valid I-20 or DS-2019 as evidence of their legal presence.

Legal Presence Continued …

Lawful Permanent Residents can prove their identity and legal presence by presenting:

• a copy of their Permanent Resident Card; or• their passport with USCIS stamp which indicates they

have been “processed for I-551”; or• an immigrant visa contained in their passport which

states that “upon endorsement serves as temporary I-551”; or

• a passport and a ‘Notice of Action’, Form I-797C from USCIS which shows their I-485 (Application to Register Permanent Residence or Adjust Status) has been approved”.

A Note About Lawful Permanent Residents

Individuals who have been granted permanent resident status in the U.S. are required to carry proof of their status at all times. This requirement may be found in the United States Code (U.S.C.) under Title 8, Section 1304(d)(e):  

(d) Every alien in the United States who has been registered and fingerprinted under the provisions of the Alien Registration Act [of] 1940, or …  shall be issued a certificate of alien registration or an alien registration receipt card …  (e) … eighteen years of age and over, shall at all times carry with him and have in his personal possession any … of alien registration [document] issued to him pursuant to subsection (d) ... Any alien who fails to comply with the provisions of this subsection shall be guilty of a misdemeanor and shall upon conviction for each offense be fined not to exceed $100 or be imprisoned not more than thirty days, or both.

When is Submission of an ARS-230 Required?

An ARS-230 must be submitted whenever a foreign national will:

• be present for more than five (5) days (consecutive or non-consecutive days within a 30-day period);

• perform hands-on work;• be applying for a visa sponsored by a

USDA office or agency;• receive Government funding;• be an employee of ARS

Participating Visa Waiver Countries

Andorra Hungary New Zealand

Australia Iceland Norway

Austria Ireland Portugal

Belgium Italy San Marino

Brunei Japan Singapore

Czech Republic Latvia Slovakia

Denmark Liechtenstein Slovenia

Estonia Lithuania South Korea

Finland Luxembourg Spain

France Malta Sweden

Germany Monaco Switzerland

Greece Netherlands United Kingdom

Argentina Denmark Japan Portugal

Australia Dominican Republic Latvia Romania

Bahamas Ecuador Lithuania Slovakia

Belgium El Salvador Luxembourg Slovenia

Bolivia Estonia Netherlands South Korea

Brazil France New Zealand Spain

Bulgaria Germany Nicaragua Thailand

Canada Greece Norway Trinidad & Tobago

Chile Guatemala Panama Turkey

Colombia Haiti Paraguay United Kingdom

Costa Rica Honduras Peru Uruguay

Cuba Iceland Philippines Venezuela

Czech Republic Italy Poland

Foreign Nationals Eligible for Federal Employment