DHS Alien Departure Controls and EVUS — When the Government Can Prevent an Alien from Leaving the U.S., and the Electronic Visa Update System
Legal Authority
- 8 U.S.C. § 1101 et seq. — Immigration and Nationality Act (INA): primary statutory basis for immigration enforcement including departure controls; defines immigration status categories and enforcement authorities
- 6 U.S.C. § 202 — DHS authorities: grants the Secretary of Homeland Security authority over immigration enforcement and border operations, including departure controls
- 8 CFR Part 215 — DHS regulations implementing departure control authority and EVUS requirements for designated visa holders
Key Mechanics
Part 215 operates through two distinct mechanisms: proactive departure prevention orders (issued by departure control officers when an alien's departure would be prejudicial to U.S. interests) and the EVUS enrollment requirement (a continuous vetting system for visa holders from designated countries). Departure control orders must be served in writing; the alien has 15 days to request a hearing before a special inquiry officer. EVUS functions as a pre-departure check — carriers must verify EVUS compliance before boarding covered aliens; a visa is provisionally revoked if EVUS cannot confirm enrollment.
Current Rule (2026)
| Parameter | Value |
|---|---|
| Citation | 8 CFR Part 215 |
| Issuing agency | DHS (CBP and USCIS) |
| Statutory authority | 8 U.S.C. § 1101 (Immigration and Nationality Act); 6 U.S.C. § 202 |
| Last major amendment | 2016 (EVUS enrollment requirements) |
What This Rule Does
Most immigration law focuses on who can enter the United States. Eight CFR Part 215 covers the reverse: who can be prevented from leaving, and what rules apply when noncitizens depart. The Part has two distinct purposes.
The first is departure control — the legal framework under which DHS can temporarily or permanently prevent an alien from leaving the United States if their departure would be harmful to national security, an ongoing investigation, or U.S. interests. This authority predates modern immigration law and mirrors the entry-control authorities that DHS uses at the border.
The second is the Electronic Visa Update System (EVUS) — a more recent program requiring certain nonimmigrant visa holders from designated countries to register their current biographical information with DHS and obtain a "notification of compliance" before traveling to the United States. EVUS is essentially a continuous vetting mechanism that keeps visa-holder data current between the initial visa issuance and each trip.
Key Provisions — Departure Control
- § 215.1 — Definitions: defines "alien," "United States" (including territories), "continental United States," and the geographic subdivision of U.S. territory relevant to departure control operations
- § 215.2 — Authority to prevent departure: a departure-control officer who knows or has reason to believe that an alien's departure would be prejudicial to U.S. interests must temporarily prevent that departure and serve the alien with a written order; the order becomes final 15 days after service unless the alien requests a hearing; aliens with diplomatic status (A-1, A-2, G-1 through G-3) and UN Headquarters Agreement nonimmigrants may not be stopped without prior authorization from the appropriate administrator
- § 215.3 — Grounds for preventing departure: an alien's departure is deemed prejudicial to U.S. interests if the alien: (a) possesses and is likely to disclose national defense information to unauthorized persons; (b) seeks to engage in activities designed to obstruct U.S. or allied defense efforts; (c) is the subject of a subpoena; (d) is needed as a witness in a pending criminal proceeding; (e) is likely to damage U.S. foreign policy; (f) is subject to military law or a pending criminal charge; or (g) is subject to a specific statutory departure prohibition
- § 215.4 — Hearing rights: an alien, other than an enemy alien, who is prevented from departing has the right to request a hearing before a special inquiry officer within 15 days of service of the order; the notice of hearing must inform the alien of the nature of the case as specifically as security permits; the alien has the right to counsel at their own expense and to present evidence and cross-examine government witnesses
- § 215.5 — Hearing procedure: the hearing officer advises the alien of rights, enters the departure order and notice of hearing into evidence, interrogates the alien, presents government evidence, considers the alien's testimony and evidence, and issues a written decision; the alien may appeal the decision
- § 215.8 — Biometrics on departure: DHS may require departing aliens to provide photographs and other biometrics to verify identity and confirm they properly maintained their immigration status during their stay; exemptions apply for aliens younger than 14 or older than 79, diplomatic visa holders (A-1, A-2, G-1 through G-4, NATO), and Canadian citizens who were not required to present a visa or I-94 on arrival
- § 215.9 — Temporary Worker Visa Exit Program: certain temporary workers at participating ports of entry must depart through a participating port and must present biographic and biometric information on departure; CBP publishes Federal Register notices identifying covered worker categories, participating ports, and required information formats
Key Provisions — Electronic Visa Update System (EVUS)
- § 215.21 — Purpose: EVUS is an electronic system for nonimmigrant aliens holding U.S. visas issued by certain designated countries to update biographical information with DHS between visa issuance and each trip to the United States
- § 215.22 — Applicability: applies to aliens holding a passport from an "EVUS country" who also hold a U.S. nonimmigrant visa of a "designated category"; the Secretary (in consultation with the Secretary of State) identifies EVUS countries and designated visa categories by Federal Register notice
- § 215.23 — Definitions: a "covered alien" holds a passport from an EVUS country and a U.S. visa of a designated category; a "notification of compliance" is the CBP verification that the alien has successfully enrolled; a notification confirms that the alien's visa is not provisionally revoked and is considered valid for travel
- § 215.24 — EVUS requirements: covered aliens must initially enroll in EVUS and provide required biographical information electronically; before each trip, the alien must have a valid notification of compliance; notifications are generally valid for two years or until the passport or visa expires (whichever comes first); the Secretary may shorten the validity period in the national interest; covered aliens may re-enroll at any time; initial or re-enrollment that results in a compliance notification costs a fee set by the Secretary; the information collected includes name, date of birth, passport data, visa data, employer information, social media identifiers, and other data DHS specifies by notice; if EVUS cannot confirm compliance, the visa is provisionally revoked until compliance is established; airlines and other carriers must check EVUS compliance before boarding covered aliens
How It Affects You
If you are a nonimmigrant visa holder from an EVUS-designated country, you must enroll in EVUS and obtain a notification of compliance before traveling to the United States, even if your visa is current and valid. Failure to enroll means your visa may be provisionally revoked, and carriers may deny boarding. Check CBP's EVUS website or the relevant Federal Register notice for whether your country and visa category are covered.
For airlines and maritime carriers transporting covered aliens to the United States, EVUS compliance status must be verified before boarding. Carrying a covered alien without a valid notification of compliance can expose the carrier to fines under the carrier liaison program and immigration enforcement.
If you are an alien subject to a departure prevention order, you have the right to a hearing before a special inquiry officer within 15 days of service. Retain counsel immediately — the case against you may involve classified or sensitive national security information, which affects what you can see and contest. The hearing procedures in § 215.5 give you the right to present evidence and cross-examine witnesses, but security considerations may limit what information is disclosed.
For employers of temporary workers at large U.S. ports, the Temporary Worker Visa Exit Program (§ 215.9) requires certain employees to depart through designated ports. Coordinate with your HR and immigration counsel to ensure workers are aware of port-of-departure requirements before their authorized stay ends.
Statutory Authority
This rule implements:
- 8 U.S.C. § 1101 — Immigration and Nationality Act; defines the terms and framework within which DHS regulates the entry, stay, and departure of noncitizens; provides the underlying authority for departure controls and the imposition of departure restrictions
- 6 U.S.C. § 202 — Homeland Security Act of 2002; authorizes the Secretary of Homeland Security to administer and enforce U.S. immigration laws, including regulation of the departure of aliens from the United States
Recent Rulemakings
EVUS was established by a final rule published in 2016 (81 FR 72491), creating the § 215.21–215.24 subpart. Earlier amendments addressed biometrics collection on departure (§ 215.8) and the Temporary Worker Visa Exit Program (§ 215.9). The departure control provisions in §§ 215.1–215.7 reflect longstanding immigration law.