Section 221 G
The visa adjudication process has several steps (see fig. 1). Visa applicants generally begin the visa process by scheduling a visa interview.4 On the day of the appointment, a consular officer reviews the application, checks the applicant’s name in the Consular Lookout and Support System (CLASS),5 and interviews the applicant. Based on the interview and a review of pertinent documents, the consular officer determines if the
applicant is eligible for nonimmigrant status under the Immigration and Nationality Act.6 If the consular officer then determines that the applicant is eligible to receive a visa, the applicant is notified right away and he or she usually receives the visa within 24 hours.
Flow Chart of Section 221G
In some cases, the consular officer decides that the applicant will need a Security Advisory Opinion (SAO), which provides an opinion or clearance from Washington on whether to issue a visa to the applicant. SAOs are required for a number of reasons, including concerns that a visa applicant may engage in the illegal transfer of sensitive technology. An SAO based on sensitive technology transfer concerns is known as a Visas Mantis and, according to State officials, is the most common type of SAO applied to science applicants.8 It is also the most common type of SAO sent from most of the posts we visited in China, Russia, and India.
In deciding if a Visas Mantis check is needed, the consular officer determines whether the applicant’s background or proposed activity in the United States could involve exposure to technologies on the Technology Alert List (TAL). The list includes science and technology-related fields where, if knowledge gained from research or work in these fields were used against the United States, it could potentially be harmful.9 If a Visas Mantis is needed, the consular officer generally informs the applicant thathis or her visa is being temporarily refused under Section 221(g) of the U.S. Immigration and Nationality Act,10 pending receipt of securityclearance.
After a consular officer decides that a Visas Mantis is necessary for an applicant, several steps are taken to resolve the process. The officer drafts a Visas Mantis cable, which contains information from the applicant’s
application and interview. The cable is then generally reviewed by a consular section chief or other consular official at post, who then approves the Visas Mantis cable for transmission to Washington for an interagency security check. Once the cable is sent, the State Department’s Bureau of Nonproliferation, the FBI, and other agencies review the information in the cable and provide a response on the applicant to the Consular Affairs section of State headquarters.11 The Bureau of Nonproliferation and other agencies are given 15 working days to respond to State with any objections. However, State has agreed to wait for aresponse from the FBI before proceeding with each Visas Mantis case.
State’s Bureau of Consular Affairs receives all agency responses pertaining to an applicant, summarizes them, and prepares a response to the consular posts. A cable is then transmitted to the post which indicates that State does or does not have an objection to issuing the visa, or that more information is needed.12 Generally, a consular official at post reviews the cable and, based on the information from Washington, decides whether toissue the visa to the applicant. The officer then notifies the applicant that the visa has been issued or denied, or that more information is needed. According to consular officials, in the vast majority of the cases the visa is approved. However, even when the visa is issued, the information provided by the consular posts on certain visa applicants is very useful to certain agencies in guarding against illegal technology transfer. As a result, according to the State Department, the Visas Mantis program provides State and other interested agencies with an effective mechanism to screen out those individuals who seek to evade or violate laws governing the export of goods, technology, or sensitive information. This screening, in turn, addresses significant issues of national security.
applicant is eligible for nonimmigrant status under the Immigration and Nationality Act.6 If the consular officer then determines that the applicant is eligible to receive a visa, the applicant is notified right away and he or she usually receives the visa within 24 hours.
Flow Chart of Section 221G
In some cases, the consular officer decides that the applicant will need a Security Advisory Opinion (SAO), which provides an opinion or clearance from Washington on whether to issue a visa to the applicant. SAOs are required for a number of reasons, including concerns that a visa applicant may engage in the illegal transfer of sensitive technology. An SAO based on sensitive technology transfer concerns is known as a Visas Mantis and, according to State officials, is the most common type of SAO applied to science applicants.8 It is also the most common type of SAO sent from most of the posts we visited in China, Russia, and India.
In deciding if a Visas Mantis check is needed, the consular officer determines whether the applicant’s background or proposed activity in the United States could involve exposure to technologies on the Technology Alert List (TAL). The list includes science and technology-related fields where, if knowledge gained from research or work in these fields were used against the United States, it could potentially be harmful.9 If a Visas Mantis is needed, the consular officer generally informs the applicant thathis or her visa is being temporarily refused under Section 221(g) of the U.S. Immigration and Nationality Act,10 pending receipt of securityclearance.
After a consular officer decides that a Visas Mantis is necessary for an applicant, several steps are taken to resolve the process. The officer drafts a Visas Mantis cable, which contains information from the applicant’s
application and interview. The cable is then generally reviewed by a consular section chief or other consular official at post, who then approves the Visas Mantis cable for transmission to Washington for an interagency security check. Once the cable is sent, the State Department’s Bureau of Nonproliferation, the FBI, and other agencies review the information in the cable and provide a response on the applicant to the Consular Affairs section of State headquarters.11 The Bureau of Nonproliferation and other agencies are given 15 working days to respond to State with any objections. However, State has agreed to wait for aresponse from the FBI before proceeding with each Visas Mantis case.
State’s Bureau of Consular Affairs receives all agency responses pertaining to an applicant, summarizes them, and prepares a response to the consular posts. A cable is then transmitted to the post which indicates that State does or does not have an objection to issuing the visa, or that more information is needed.12 Generally, a consular official at post reviews the cable and, based on the information from Washington, decides whether toissue the visa to the applicant. The officer then notifies the applicant that the visa has been issued or denied, or that more information is needed. According to consular officials, in the vast majority of the cases the visa is approved. However, even when the visa is issued, the information provided by the consular posts on certain visa applicants is very useful to certain agencies in guarding against illegal technology transfer. As a result, according to the State Department, the Visas Mantis program provides State and other interested agencies with an effective mechanism to screen out those individuals who seek to evade or violate laws governing the export of goods, technology, or sensitive information. This screening, in turn, addresses significant issues of national security.
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