Since September 11th, numerous measures designed at enhancing security and simplifying visa processing at U.S. Embassies and Consulates abroad have been employed, in order to identify and eliminate weaknesses of the visa processing system. Various government agencies have conferred in an extensive review of visa issuing procedures, resulting in mandatory visa interviews and increased security check measures, allowing lengthy delays in nonimmigrant visa issuance. In Part 1 of this article we will explain the different types of security checks that nonimmigrant visa applicants may be subjected to, while in Part 2 we will focus on the Technology Alert List (TAL), and offer suggestions as to what visa applicants can do to render visa application process smoother.
Three kinds of security checks might affect nonimmigrant visa processing are:
- Visa Condor – Heightened Security Checks
- Visa Mantis – Technology Alert List
- NCIC Criminal Database Check
Each of these security checks could affect your visa application, so it is important to understand the differences between them. In addition, providing the necessary information requested by the Consular Officer could dramatically decrease the period of time until visa is issued.
Visa Condor – Heightened Security Checks
The specific criteria for Visa Condor checks are classified by U.S. State Department. However, certain information that you provide as part of your visa application may trigger greater scrutiny – for example: frequent and/or unexplained travel to predominantly Muslim countries during the past 10 years, prior employment in highly sensitive areas, military service for nationals of certain countries, specialized skills or training that could have military or security implications, etc. Your country of birth, citizenship or residence could subject you to a Visa Condor check. If you were born in a country considered as a State Sponsor of Terrorism (Cuba, Iran, Sudan and Syria) or a country that appears on the State Department’s list for additional security reviews, then you will most likely be subject to a Condor security check. The State Department list is classified, but reports have indicated that the list includes, but is not limited to, the following countries: Afghanistan, Algeria, Bahrain, Bangladesh, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, Turkey, the United Arab Emirates and Yemen.
Visa Mantis – a Technology Alert List
The Visa Mantis security check is used when your visit to the United States involves potentially sensitive technologies found on the Critical Fields List of the State Department’s Technology Alert List (TAL). The TAL identifies certain fields and technologies of “dual-use” applications (i.e., technologies having both commercial and military applications). This list is extremely comprehensive, includes nearly every technology involving chemistry, biochemistry, chemical engineering, immunology, marine technology, and pharmacology. Its’ specifics will be elaborated later in this article. Due to the wide range of the list, a research scientists, engineers, or academics involved in any of these fields, may be required to undergo a Visa Mantis security check.
NCIC Criminal Database Check
As part of visa issuance process, Consular Officers also search the National Crime Information Center (NCIC) database for information on criminal convictions before issuing a visa. This could cause delays even for visa applicants with no prior criminal record as many people with common names (such as Mohammed Ali or John Smith) receive what is known as a “false hit” (when someone with the same or similar name appears in the NCIC database with a criminal conviction). “False hits” have been occurring with increasing regularity recently and could take up to 2 months to process. False hits are the major cause of delays in visa processing and can occur in both Condor and NCIC criminal database.
All said and explained in this article does not constitute a legal opinion and does not replace legal advice. Responsibility for using the wordings and opinions conveyed in this article relies solely and entirely on the reader.
This article was written by Dotan Cohen Law Offices, working in the field of immigration law in the United States, Canada, Australia and England.
