All individuals who apply at a U.S. Consulate or Embassy abroad for a U.S. entry or re-entry visa are screened before the visa is issued, regardless of nationality. The consular post conducts an initial review of the application and interviews the applicant about his/her planned activity in the U.S. It is at this initial stage that clear and concise information about the applicant’s studies, teaching, research, or other activity should be explained. In most cases, the visa is issued within a matter of days or weeks. However, in some cases it is determined at the consular level that further checks are needed.

Issues that may cause problems or delays in the visa application process
Security Advisory Opinions (SAOs)
Preventing subjectivity to SAO
Template - Employment letter explaining research area for visa applications
Other non-SAO related reasons for delays or denials
Steps to take if the student/scholar is delayed or denied by U.S. visa application process
UMMS salary / benefits for individuals who are delayed by U.S. visa application process 

Issues that may cause problems or delays in the visa application process: 

• The applicant has not spelled his/her name consistently on all documents (passport, visa application, supporting documentation). This can cause delays and confusion. The name given on the visa application and supporting documentation should be exactly the same as the name listed in the passport.
• The applicant has not read and followed the tips and guidance on the website of the U.S. consular post having jurisdiction over the visa application; this can cause delays or denial.
• The consular post cannot understand the kind of work the person is doing and officers cannot assess the risk/benefit of granting the person a visa. A security clearance will likely be requested if the field is unclear.
• The applicant is from a country considered to pose a risk or is working in a field that is considered “sensitive” in some way.
• There are other individuals with the same or similar names. The consulate must rule out any incidents and clear up any “hits” the Consular Lookout (CLASS) system reveals on the name(s) in question.

The consular officer may tell the individual that a security advisory opinion (SAO) is needed and that he/she will be notified when it has been completed.  In most cases, security clearances are completed within 30 days; however, there is no set time frame in which they are required to respond. The DOS will neither discuss nor reveal the reason for a security advisory opinion on a particular case.

Please note, however, that some consulates just take longer to issue visas because they are busier posts or have less staffing.  Consulates typically post their average visa processing times, which can be helpful for determining whether or not an applicant is truly being delayed either due to security or other issue.

Security Advisory Options

If an SAO is needed, the consular post will ask the Department of State in Washington, D.C. to initiate the process of requesting clearances from various government agencies and databases including the FBI, CIA, Drug Enforcement Agency, Department of Commerce, Office of Foreign Asset Control, Interpol, the national criminal and law enforcement databases, the DOS Bureau of Non-proliferation, and others.  The consular posts cannot issue a visa stamp until they get a response from DOS in Washington DC.  There is no statutory turn-around time, but typically for F & J visa applicants, there is a response within 14 – 30 days.  SAO’s for H visa applications may take longer (up to 60 days).

Preventing Subjectivity to Security Advisory Opinions

Although discretion to request SAOs always rests with the consular post, there are ways to ensure that the U.S. Consulate has the information needed to determine if such a clearance is really necessary:

• Make sure the student / scholar follows all directions from the Consulate and web site and lists his/her name consistently on all documents.
• Make sure the student / scholar reads the ISSO travel information completely
• Make sure that a student / scholar who is already at UMMS discusses his/her travel plans with the ISSO before leaving the U.S.
• Provide the student / scholar with a brief, concise letter from the faculty sponsor or other department official describing the nature of the research. The ISSO has provided a template for your assistance.

Other Non-SAO Related Reasons for Visa Processing Delays and/or Denials 

Failure to fulfill criteria for requested visa status:  All applicants need to fulfill multiple criteria to the satisfaction of the consular officer. The burden of proof lies on the applicant to demonstrate that the documents presented are genuine, the stated objectives are accurate, he/she has adequate financial resources, and he/she intends to return to the home country upon completion of the stated activity (except in the case of H-1B or O-1 applications).

Petition Information Management System [PIMS]:  Before an H, L, O, P or Q visa can be issued, a consular officer must confirm petition approval with a positive PIMS records check.  Typically this check is done at or before the interview and does not cause delay.  However, in some cases where a request for either an H, L, O, P or Q extension, amendment or changes of status at a USCIS processing center was approved prior to late March 2008, further processing may be needed.  A PIMS record check is typically completed within 2-3 business days.

Consulate Closings:  Occasionally, the DOS will make a decision to close a U.S. consulate either temporarily or permanently.  Temporary closing may be a result of political unrest in the country, imminent threats to the consulate itself, political decisions on the part of the U.S. government, or because of technological difficulties.

U.S. Political Positions / Services to U.S. Citizens in Host Country: Sometimes delays in visa processing can be caused because of diplomatic considerations.  Visa issuance is one of the many means a country has to express its dismay at the actions of the host country.  These actions are never taken lightly and are often based in reciprocity.  These delays are frustrating because they have nothing to do with the applicant.  Delays can also be caused when Consulate resources need to be re-directed towards the assistance of U.S. citizens who are in the host country.  This happens most often in the case of political unrest in the host country (ie. evacuation of U.S. citizens from that country) but can sometimes be for other short-term reasons.  For example, during the 2008 Olympics in China visa processing times at U.S. consulates in China were delayed by several weeks.

Steps to take if Student/Scholar is Delayed or Denied by U.S. Visa Application Process

First, report the delay to the International Students and Scholars Office (ISSO). The ISSO has been tracking these cases and reporting them to the UMMS administration and government relations staff and to NAFSA: Association of International Educators. The National Academy of Sciences has been collecting and reporting similar information. These statistics are used to lobby government agencies for increased cooperation at improving and expediting security clearances. National attention has now been focused on this issue and the need for the agencies involved to improve their systems and procedures. Many steps have already been taken to streamline interagency communication.

If the applicant is still awaiting the security clearance and visa 90 days or more after making the application, please notify the ISSO again.

In the case of a visa denial, the consulate provides a written statement indicating the reason for denial. If the applicant has additional evidence that could overcome the stated reason for denial, he/she is free to re-apply.

Unfortunately, congressional offices are unable to help expedite visa issuance or overturn a consular officers’ decision to deny a visa (unless they can present new evidence to support new visa application / issuance). The DOS considers this to be a matter of national security and will not circumvent the security advisory opinion process under any circumstances. However, a combination of efforts on the part of congressional representatives, teaching and research institutions like UMMS, and higher education associations has resulted in high-level awareness of the problems and there are on-going efforts for improvement.

UMMS Salary / Benefits for Individuals who are Delayed by U.S. Visa Application Process

UMMS departments should decide on a case-by-case basis how to handle this issue. Decisions about whether to place someone on unpaid leave, charge vacation days, or terminate employment should be made at the departmental level.  Please notify the ISSO of any such decisions, as they may affect visa documentation that the ISSO filed on behalf of UMMS with the Department of Labor and/or U.S. Citizenship and Immigration Services.