Department of State Visa Office Update – June 2004
Posted Jun 18, 2004
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The U.S. Department of State (DOS) Visa Office in Washington D.C. provided updates on various existing programs and upcoming developments during this year's American Immigration Lawyers Association (AILA) Annual Conference, held June 9-13, 2004 in Philadelphia, PA. Various high-level officials from the DOS Visa Office provided us with updates. These officials included Ms. Catherine Barry, Managing Director; Mr. Stephen K. Fischel, Director of Legislation, Regulations, and Advisory Assistance; Jeffry Gorsky, Chief, Advisory Opinions Division; and Michael B. Regan, Chief, Post Liaison, Office of Field Support and Liaison. Following are several updates on DOS processing that they shared with us.
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Visa Revalidation Expires on July 6, 2004
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The visa revalidation program in St. Louis will not accept new applications for visa revalidation after July 6, 2004. Since biometrics will be required after October 26, 2004, the visa revalidation office must complete all revalidations by that date. The DOS is trying to come up with a way to re-open this program at a later date. We reported this possibility in our May 7, 2004 MurthyBulletin article, Visa Revalidations Could End by September 30, 2004, available on MurthyDotCom. The date has now been changed from the end of September to July 6, 2004, so those wishing to have their visas reissued should do so at the earliest.
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Helpful Cables for H1B Visa Applicants
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A DOS Cable is expected to be released to advise consular officers that a gap in status due to the H1B cap should be considered an "exceptional circumstance" that would not warrant the denial of an H1B visa request. Typically, if a person has had a gap in status, the DOS consular officers have discretion regarding whether to issue the visa. If the visa applicant can show that an exceptional circumstance caused him/her to be considered "out of status," the consular official may grant the visa. This cable should help those who otherwise could be subject to denials or delays in H1B visa issuance.
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A second DOS Cable is expected, verifying that consulates may issue H1B visas up to 90 days in advance, though the visa cannot be used to enter the U.S. until 10 days prior to the start date indicated on the H1B. This is essentially a supplement to an earlier cable that stated H1B cases could be approved in advance, with a deferred validity date, to avoid a rush of H1B visa requests with a start date of October 1, 2004. The first cable did not specify how many days in advance the visa application could be submitted. We covered news of the first cable in our April 16, 2004 MurthyBulletin article, DOS on Early Processing of H1B and H2B Visas, available on MurthyDotCom.
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DS-156E
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Applicants completing the DS-156E form should not put "None" or "N/A" in any of the name fields. If the form is filled out with "None" or "N/A," a name check will be completed on "None" or "N/A" as names. If a person does not, for example, have a middle name, s/he should leave that field blank. Once one submits an electronic form, that information will be in the person's file indefinitely, so it is very important to correct any errors immediately.
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This direction is limited to the DOS visa application forms, and does not apply to USCIS applications or petitions since those forms generally require that any blanks be completed with an indication of "N/A." This can be confusing for some people, but it is important to keep the differences between the two federal government agencies and their requirements in mind when completing forms.
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Security Advisory Opinions
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Mr. Fischel indicated that, while Visa Mantis checks (security advisory opinions or SAOs) are requested by the DOS, the data comes entirely from other government agencies. At present, the DOS continues to make these requests via cables to the other agencies. In an attempt to improve processing times, there is a Security Advisory Opinion Improvement Project in place to take steps towards changing the process so that it is entirely electronic. By moving to an electronic system, the DOS would be able to track all cases.
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According to Mr. Fischel, many people contact the FBI and ask whether a name check is complete. The FBI will often respond that the information has been sent to the DOS. The FBI does not share, however, whether it was a clearance or a hit that was sent. Hits require further processing. Mr. Fischel suggested that those who contact the FBI regarding name checks specifically ask whether they sent a clearance or a hit to the DOS to obtain a better time estimate for a Visa Mantis or CONDOR clearance.
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Currently, the Department of Homeland Security (DHS) does not conduct Visa Mantis clearances when a person files for a change of status in the U.S. However, the DOS and DHS are in dialogue over this matter. CONDOR checks are primarily conducted based on certain information on the DS-157. Mr. Fischel stated that a person's place of birth may no longer trigger a CONDOR check if it is clear that the person has not spent a significant amount of time in his/her place of birth. If a case is cleared by the interested government agencies, a CONDOR check typically takes 10 to 20 days. A Visa Mantis check, which is cleared with no problems, usually takes up to 20 days.
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The Non-Proliferation Bureau of the DOS and the Central Intelligence Agency control the lists that determine whether a Visa Mantis check is necessary. Chinese, Israeli, and Russian nationals receive particular attention at this time. Visa Mantis checks are generally valid for one year, as long as the person is returning to the original employer to perform essentially the same duties as before.
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