U.S. Visa News. May 2004.
Welcome to the inaugural edition of the U.S. Visa Bulletin, a monthly publication of White & Associates. Each edition of the U.S. Visa Bulletin will be devoted to current issues affecting visas to the U.S. and the impact of these issues on American-Russian business relations. In the U.S Visa Bulletin you will find information and practical advice to help facilitate the issuance of U.S. visas to your Russian partners and employees.
VISA APPROVAL RATE IN MOSCOW DROPS
The visa approval rate at the U.S. Embassy - Moscow declined by more than 10% last year. The Embassy approved 64% of all visa applications it received during the 2003 fiscal year, down from 75% in 2002. According to the Government Accounting Office, the Embassy issued 63,541 visas last year and rejected 35,012 applicants. The 64% approval rate appears to be in line with the post-crisis levels seen in 1999.
SECURITY CHECKS MAY EXCEED TWO MONTHS
There are three types of security checks that a nonimmigrant visa application could be subjected to: 1) Visas Condor; 2) Visas Mantis; or 3) NCIC Criminal Hits. Should a consular officer decide an applicant falls into one of the aforementioned categories, the application is then referred to Washington for security clearance.
VISAS CONDOR
While the criteria for applications falling under Visas Condor remains classified, there appear to be several factors which are considered, including: travel to predominantly Muslim countries in the last 10 years; military service; specialized skills; and previous employment. Security clearance is generally granted within 30 days.
VISAS MANTIS
A visa application will be subjected to Visas Mantis clearance if an applicant is found to be involved in any of the fifteen categories contained in the Critical Fields List of the Department of State's Technology Alert List (TAL). The TAL includes technologies and skills involving chemistry, immunology, pharmacology and other potential "dual-use" technologies, which could have military applications. In a three-month period last year, the Embassy in Moscow categorized more than 500 visa applications as Visas Mantis. In 2003, it took an average of 53 days to adjudicate those visa applications from Russia subjected to a Visas Mantis security check. For a comprehensive list of the technologies and skills that fall within the TAL's scope, please contact White & Associates.
NCIC CRIMINAL HITS
The NCIC Criminal Hits is a database containing the names of individuals with arrests or convictions. It is also the most stringent of the security checks, requiring protracted delays of three to four months in visa processing. Due to false hits, which are happening with increasing frequency, applicants with common names are more and more likely to be subjected to this type of security check. Even an applicant with an uncommon name may be selected for this type of processing, including fingerprinting, should their name match that of an individual with a criminal record.
INTERVIEWS ARE NOW REQUIRED FOR MOST VISA APPLICANTS
In 2003, the State Department eliminated much of the discretion consular officers had in waiving interviews for nonimmigrant visas. Now, a consular officer may waive an applicant's personal appearance only if the applicant, in the opinion of the officer, does not pose a national security concern, and one of the following two conditions is met: 1) the applicant is 16 years of age or under, or 60 years of age or older; or 2) the applicant is applying for a new visa within 12 months of the expiration of a previously held visa of the same type, at the consular post of the applicant's usual residence, and there is no indication of visa ineligibility or noncompliance with U.S. immigration laws and regulations. There are other very limited exceptions to the new rule. So far, the personal interview requirement has not led to increased processing times for nonimmigrant visas.
2004 WORK VISA QUOTA FOR SPECIALISTS ALREADY EXCEEDED
It took less than six months for the quota limit on H-1B work visas to be reached for the 2004 fiscal year. The H1-B visas are for specialists, such as computer programmers. The U.S. Citizenship and Immigration Service will no longer accept petitions filed after February 17, 2004, for employment to start before October 1, 2004. The quota does not apply to petitioners seeking to extend their H-1B visa status.
DID YOU KNOW?
Russian visa applicants often complain that they do not know why they were rejected. However, all visa applicants who have been refused are entitled to know the legal and factual grounds why they have been denied a visa. While most nonimmigrant visa applicants, mainly those applying for business or tourist visas, are generally rejected for being potential immigrants under Section 214(b) of the Immigration and Nationality Act, the reviewing consular officer is required to inform the applicant why this decision was reached.
PROCESSING TIMES CURRENTLY AT 4 WEEKS
As of April 15, 2004, the Embassy is appointing interview dates four weeks after a completed visa application, along with its supporting documentation, is submitted. If past experience holds, visa applicants can expect this time frame to grow to five-six weeks during the summer months due to the usual seasonal increase in applications.
HELPFUL HINTS
Did you know if the Embassy makes a mistake in issuing a visa, it will correct the error for free? Failure to correct the error could lead to delays or problems when trying to enter the U.S. Or that if a passport containing a U.S. visa is lost or stolen, the individual must re-apply for a new visa? This means that a new application form must be submitted along with new photographs, a new application fee must be paid, and the individual must pass a new interview. Therefore it is always wise for an applicant to: 1) check his or her visa after issuance to ensure that the correct visa type has been issued, and that the personal information contained in the visa is correct; and 2) make a copy of the visa in the event his or her passport is ever lost or stolen.
FINALLY?
If you have any comments or suggestions as to the contents of this newsletter or you would like to see a particular topic addressed, please contact White & Associates via e-mail at white@bridgewest.com or call us at 246-4842. If you would prefer to receive this Bulletin via e-mail, let us know. This Bulletin can also be found on our website, at www.bridgewest.com White & Associates is an American law firm with an office in Moscow since 1993.