State Dept to Perform Review of Visa Issuance Procedures and INS Issues IBIS Memo

The State Department has announced it will be conducting spot checks on the procedures for visa issuance at all of the 207 U.S. Embassy and Consulates around the world. This move by the State Department is believed to be prompted by the scrutiny that visa issuance procedures are undergoing as part of the on-going debate on whether the visa function should be totally given to the proposed Department of Homeland Defense. Some congressmen have expressed concern over some of the current procedures allowed by the State Department, noting in particular that three of the September 11^th terrorists took advantage of the Department’s Visa Express program.

The Visa Express program allows visa applicants to submit their visa applications through designated travel agencies/agents who then submit them to the U.S. Embassy or Consulate for processing. As part of the review of procedures, they are considering requiring interviews for all adult visa applicants. In addition, special inspection teams are also expected to be sent by the State Department to visa-issuing posts in countries linked to terrorism. Finally, State Department officials have indicated they may be taking steps to eliminate the Visa Express program.

In particular, the Visa Express Program in Saudi Arabia was the focus of some questions and the State Department actually issued a Fact Sheet regarding the program in Saudi Arabia to address the questions and to dispel some misconceptions about the program. The fact sheet stresses the fact that although third parties may be collecting and submitting visa application materials to the Embassy, visa officers are still in charge of adjudicating the petitions and over 45% of Saudi Arabian visa applicants have been interviewed.

For the State Department Fact Sheet see: http://www.state.gov/r/pa/prs/ps/2002/11693.htm

In terms of practical effects, visa applicants should expect that visa issuance procedures and requirements are going to be more stringent and more enforced than they were in the past. Moreover, now that Embassies and Consulates have greater access to databases and are performing more in-depth security checks, individuals should be aware that obtaining a visa may be a lengthy process, taking several weeks at times. Even in cases where individuals have obtained visas without any issues in the past, they may now face additional scrutiny and waiting times. Individuals may want to factor in these extended processing times for visas as travel plans are made.

For example, a previous H-1B visa holder was held up recently by additional security checks when he applied for a new H-1B visa. Since this individual worked in the nuclear industry, he was subject to the additional checks even though he had obtained an H-1B visa for the same position previously without issue and was not working in a "sensitive" position. Also, he presented letters from the various applicable government agencies stating that this work is not export controlled. However, he was still subject to additional security checks that considerably lengthened the visa issuance process. As such, individuals going to apply for their visas abroad should be aware that they may face increased checks and processing times and plan accordingly. In addition, individuals may want to look into the option of visa revalidation through the State Department here in the U.S. as another option though this process is also becoming stricter.

On the INS side of increased security checks, the INS recently issued a memorandum regarding the Interagency Border Inspection System (IBIS) Records Check. The memo provides guidance on how to handle IBIS checks. IBIS checks are required to be performed within fifteen calendar days of the receipt of an application or petition. However, if 35 calendar days have passed from when an IBIS check was performed, a new IBIS check must be performed before an application or petition is adjudicated and an application or petition will not be adjudicated until all hits are resolved. However, IBIS checks are not required for applicants who are under the age of 14. If there is a positive identification or hit on an IBIS check, the INS office is to first ensure that the hit actually involves the individual(s) in the application or petition. Once this is confirmed, the INS is to notify the appropriate law enforcement agency.

In cases where an IBIS check concerns aggravated felonies, at the Service Centers all hits will be forwarded to the Service Center Enforcement Operations Unit to be resolved. In some of these cases, the Office of the Regional Counsel will be involved. For District offices, they will continue to follow local office procedures for handling aggravated felony hits. If applicable, district offices will consult with the Office of the District Counsel. Overall, it has been our experience that the implementation of the IBIS checks have increased processing times across the board for all petitions and applications.

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