New York Times: “Trump Administration Orders Tougher Screening of Visa Applicants”

The Trump administration is making it more difficult for millions of visitors to enter the United States by demanding additional security checks before issuing visas to tourists, business travelers, and relatives of American residents, all seemingly in fulfillment of a campaign promise to enact “extreme vetting.” Secretary of State Rex W. Tillerson has sent diplomatic cables to US Embassies and Consulates worldwide with these instructions for stricter vetting, basing them off a March 6 presidential memorandum ordering the secretary of state, the attorney general, and the secretary of homeland security to “implement protocols and procedures” to enhance visa screening. The new security checks generally do not apply to citizens of countries in the Visa Waiver Program, which includes thirty-eight member countries. The additional scrutiny, for example, will ask applicants about their background and social media history if a person has ever been in a territory controlled by the Islamic State. “Consular officers should not hesitate to refuse any case presenting security concerns,” Secretary Tillerson writes in the cables.  “All visa decisions are national security decisions.”

In 2016, the United States issued more than ten million visas, and this additional scrutiny is likely to lengthen the already bureaucratic process. “This will certainly slow down the screening process and impose a substantial burden on these applicants,” Greg Chen, the director of advocacy for the American Immigration Lawyers Association, tells the New York Times. “It will make it much harder and create substantial delays.” Chen questions how a single interviewer who conducts 120 interviews per day—at about five minutes per interview—can improve security. “It’s highly unlikely they could obtain information that demonstrates whether someone is a national security threat in such a brief interview process,” he says.

The Guardian: “Qatar wins approval to turn US embassy in London into hotel”

US Embassy London. Photo by CGP Grey.

The US Embassy in London will be turned into a luxury hotel after the Qatari royal family’s property company has won approval from Westminster council. In 2009, the US State Department agreed to sell this historic building—topped by a gilded bald eagle with a wingspan of more than 36 feet and designed by the Finnish-American modernist Eero Saarinen—to Qatari Diar to fund the construction of the new US Embassy in Nine Elms south of the Thames. The current Embassy (soon-to-be-hotel) is located in pricey Grosvenor Square, which has housed the US Embassy since 1938, where during World War II the square was known as Little America as General Eisenhower’s headquarters and other US operations were based there. The nine floors (three underground) of the building—valued at £500m—will include up to 137 hotel rooms, shops, restaurants, and bars.

The Embassy’s move to the new location from Grosvenor Square is a relief to many neighbors and local residents who have protested against the current Embassy’s location because of safety and security concerns. The site historically has been a place for demonstrations and protests over the years, including famously in March 1968, when 10,000 demonstrators protested the Vietnam war, leading to 200 arrests and fifty people treated in the hospital, and, recently, protests against the election of Donald Trump.

The new Embassy, however, opening near Battersea power station in South London is facing construction delays. Originally scheduled to finish in late 2016 during President Obama’s term, the Embassy will not open until after Trump is inaugurated in January. Heightened security checks on workers and materials have delayed the eleven-story cube-shaped building, an anonymous source tells Bloomberg. A spokeswoman for the US Embassy tells Bloomberg via email that these are standard construction delays, and that the project budget includes such a contingency. The Embassy is now scheduled to be completed in the spring of 2017.

In other State Department news, a counterfeit US Embassy was shut down in Ghana after having operated for ten years. The Embassy, with an American flag and photograph of President Obama, was operated by figures in Ghanaian and Turkish organized crime rings as well as a local attorney. It allegedly issued visas, some of them were genuine, as well as false identification documents for a cost of $6,000. Embassy officials, together with Ghanaian police, seized 150 passports from ten countries, including legitimate and counterfeit visas from the US, the Schengen zone, India, and South Africa. A State Department official says that nobody was able to travel to the US on the fake visas.

US Implements Key Changes to the Visa Waiver Program for Certain Travelers

The US State Department last week implemented key changes to the Visa Waiver Program (VWP), used by nationals of thirty-eight countries to travel to the US on a short-term basis. Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in certain categories are no longer eligible to travel or be admitted to the US under the VWP, also referred to as the Electronic System for Travel Authorization (ESTA). These travelers include:  

• Nationals of VWP countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
• Nationals of VWP countries who are also nationals of Iran, Iraq, Sudan, or Syria.

Effective January 21, 2016, the State Department has revoked ESTA for travelers who have previously indicated they hold dual nationality with one of the countries listed above on their ESTA applications. These individuals will still be able to apply for a visa using the regular nonimmigrant visa process at US Embassies and Consulates abroad, and applicants who need to travel for urgent business, medical, or humanitarian reasons can request that their applications be expedited. Applicants will be required to attend an in-person interview at the US Embassy/Consulate and obtain a visa in their passport before traveling to the US.

Under this new law, the Obama administration has included waivers for certain individuals who have traveled to Iran, Iraq, Sudan, or Syria on behalf of international organizations, regional organizations, and sub-national governments on official duty, or on behalf of a humanitarian NGO on official duty, or as a journalist for reporting purposes. In addition, individuals who traveled to Iran for “legitimate business-related purposes” following the conclusion of the Joint Comprehensive Plan of Action (July 14, 2015) and individuals who traveled to Iraq again for “legitimate business-related purposes” may also be eligible for the waiver, which is determined on a case-by-case basis. Republicans have condemned these additional waivers saying that the Obama administration abused a minor provision in the law to add them with the sole intent of placating Iran.

The State Department notes that the “new law does not ban travel to the United States, or admission into the United States, and the great majority of VWP travelers will not be affected by the legislation.”

The new law has many critics. "It is wrong and un-American to punish groups without reason solely based on their nationality, national origin, religion, gender, or other protected grounds," the ACLU wrote in a letter to Congress in December when the bill was passed. Journalist Ali Gharib in the Guardian says that the new restrictions for Iranians are “motivated by hatred” and are ineffective, nonsensical, and won’t make Americans any safer.

Current ESTA holders can check their ESTA status prior to travel on the Customs and Border Protection website, which is advisable before trips are booked and made to the US.

UPI: "U.S. diplomat sentenced to five years in visa scheme"

Michael Sestak, a former US Foreign Service Officer and one-time chief of the non-immigrant visa unit in Ho Chi Minh City, Vietnam, has been sentenced to five years in prison for his role in a money-for-visas scheme, which US prosecutors called “one of the largest bribery schemes involving a Foreign Service Officer in the history of the United States.” The ex-diplomat admitted to approving nearly 500 visas over a two-year period in exchange for $3 million in bribes, which he funneled through China and invested in real estate in Thailand.

Sestak, a former police officer and US Marshal, collaborated with Binh Tang Vo and his sister, Hong Vo, both US citizens living in Vietnam, and their cousin, Truc Tranh Huynh, a Vietnamese citizen, in the scheme that charged up to $70,000 per visa for applicants, even if they had been previously denied. Last month, the Justice Department announced that Binh Tang Vo was sentenced to eight years in prison plus forfeiture of nearly $5.1 million. Even with that forfeiture, millions in funds allegedly obtained through the visa bribery scheme remain unaccounted for.

Sestak is the most recent consular officer to be punished for selling visas, since the State Department started investigating and prosecuting for visa fraud in 1999. A Diplomatic Security spokesperson told Vice that as of 2013, twenty-four American employees at US Embassies and Consulates worldwide have been convicted of bribery, conflicts of interest, and visa and passport fraud, including husband-and-wife team Acey Johnson and Long Lee, who were convicted in 2003 of a visa-selling scheme at the US Embassy in Hanoi that continued in Sri Lanka, earning them $700,000.

Gale Smith of Diplomatic Security said their agents are now embedded in consular affairs departments and work with local authorities to monitor fraud and corruption. “Many US embassies now have a special program within the Regional Security Office to investigate both external and employee fraud,” she stated to Vice in an email. “This special group of investigators works alongside host-country law enforcement.”

State Department Visa and Passport Systems Back Online

Following the technological issues they experienced over the last few weeks, the State Department reports that as of last Friday all visa-issuing US Embassies and Consulates abroad are now back online. They are scheduling visa interviews as well as issuing nonimmigrant and immigrant visas. While consular posts may be still experiencing problems with some online immigrant visa application forms, which are still being fixed, they have been working to clear the extensive backlog, which they state will be done this week (which is perhaps a bit optimistic).

What happened?
A biometric hardware error brought the entire system down on June 7, preventing US Embassies and Consulates around the world from processing and issuing hundreds of thousands of visa stamps. Consular posts receive approximately 50,000 visa applications a day, and thus the downtime severely backlogged the system and caused major delays for many international travelers.

Who was able to obtain visas?
During the outage, with limited systems functionality, the State Department promised to prioritize visas for humanitarian reasons and also for foreign agricultural workers as part of the government's H-2A visa program. It was this latter group of workers that farmers especially needed as the summer harvest began. North Carolina, the top employer of seasonal workers under the H-2A visa program, was facing severe worker shortages and loss of revenue given the extensive delays in issuing visas.

"It's a crisis," Jason Resnick, general counsel for the Western Growers Association, said to the Wall Street Journal about the workers not being issued the visas. Crops affected by the shortage of foreign workers include berries, cherries, peaches, corn, vegetables, and tobacco. The Wall Street Journal reports:

In most cases the stranded workers’ motel bills in Mexico are being paid by the farmers or the U.S. agents who contracted them, according to the visa program’s requirements. Agents said some stranded workers, who typically travel to the border from far flung villages, are being approached by people-smugglers offering to spirit them over the border at a price. Coming at the start of the busiest season, 'it’s a desperate situation for growers,' said Libby Whitley, president of MAS Labor, a Virginia-based agency that sources 10,000 seasonal workers each year for U.S. agriculture. 'They have to get the stuff off trees and fields or you don’t have it anymore,' she said.

With delays costing farmers in California an estimated $500,000 to $1 million per day, the State Department reports that more than 3,750 temporary seasonal workers have been issued new visas in Mexico since last week, and they are stating that all pending H-2 visas that were delayed have been issued this week.  

Who didn't get visas?
The systems outage caused major problems for many international travelers and performers to the US. Dutch theatre troupe Dood Paard had to cancel its Botox Angels production, set to run over Pride weekend in New York City, after they were unable to secure visas for its cast. International students were unable to attend the US National Youth Science Camp in West Virginia, a prestigious month-long educational program for high-school graduates from around the world.

As for the sporting world, the Ultimate Fighting Championship (UFC) had to cancel several high-profile fights scheduled for the UFC Fight Night event in Hollywood since twelve foreign fighters were unable to obtain visas. Players and staff with the Bayern Munich football club, which had planned a visit to the US to “crack the American market,” were unable to obtain visas and had to cancel their trip. Matthias Sammer, director of sport at Bayern Munich, called it a "shame" and said he hoped they could make it later.

Musicians were hit especially hard. Nigerian jazz singer-songwriter King Sunny Ade had to cancel his entire US tour due to the visa problem, and Chinese concert pianist Fei-Fei Dong also had to cancel performances. Peruvian electronic psychedelic band Dengue Dengue Dengue! were also not able to get visas in time, Australian pop band the Veronicas had to cancel their US tour, and Japanese heavy metal band Crossfaith had to cancel part of theirs. India's Barmer Boys, Sufi folk musicians from Rajasthan, India, also had to cancel their US tour. Even diplomats who needed to visit the UN headquarters and financial institutions in New York for "urgent negotiations" also faced visa delays because of the system outage.

Now that the systems are back up, we are hopeful the State Department and consular posts will work through the backlog and start issuing those visas. Because, on behalf of concertgoers across this great land, we don't want to miss anymore great international performances. And we definitely don't want a repeat from last year when Harry Potter was unable to enter the US because of a (different) systems glitch!

Delays in Visa and Passport Issuance at US Embassies/Consulates Caused by Technical Problems

The Department of State (DOS) is currently experiencing technical problems with their overseas passport and visa systems. This appears to be a worldwide situation and not specific to any particular country, citizenship document, or visa category. Those affected by this technical problem should check the DOS website for any updates. Moreover, DOS has not provided a time frame for the resolution.

Nonimmigrant Visa Applicants
The systems in place to perform background security checks on each visa applicant are experiencing technical difficulties. US Embassies/Consulates are not able to bypass these security checks. As a result, nonimmigrant visa applicants filing nonimmigrant visa application Form DS-160 on or after June 9, 2015 will not be able to move forward with their visa application process until the technical issues are resolved. While DOS sincerely regrets these delays, they will only entertain expedite requests for “urgent humanitarian need.” In addition, we expect that even once the situation is resolved, we will see delays while the US Embassies/Consulates clear their backlogs.

Immigrant Visa Applicants
Some immigrant visa applicants continue to experience technical difficulties accessing Form DS-260. The DOS suggests that these issues are intermittent and that applicants return to the application website periodically to try to complete Form DS-260.

Passport Applicants
The technical difficulties are also causing delays in the printing of US passports that were approved at overseas passport facilities. Applications accepted by the Passport Unit at an Embassy abroad on or after May 26, 2015 are affected by this delay. Applicants who requested a US passport during this time frame and who have travel plans within the next ten business days should consider requesting an emergency passport at the US Embassy at which they originally applied.

UPDATE (June 18, 2015): The State Department reports that the Bureau of Consular Affairs continues to address the global technical problems with their visa systems. While there is no indication that the outage was related to a cyber security issue, the system is not expected to be online before next week at the earliest. Although passports are still being processed, visa applicants should expect lengthy delays and also that their appointments may be rescheduled. US Embassies/Consulate are prioritizing urgent medical and other humanitarian cases as well as H-2A agricultural workers. We will provide any additional updates as we receive them.

UPDATE (June 23, 2015): The State Department reports that as of yesterday twenty-two consular posts have been reconnected to their systems (which represents about half of the global nonimmigrant visa volume), and they are continuing to restore systems to full functionality. Though some progress has been made, biometric data processing has not been fully restored. As promised, the State Department has prioritized temporary and seasonal workers with nearly 1,250 visas issued in Mexico, and they have issued more than 3,000 visas globally for urgent and humanitarian travel. There is a large backlog of cases to clear, but many posts are conducting visa interviews and are able to print some visas and also have rescheduled visa appointments. Domestic passport operations are functioning albeit with some processing delays and the State Department continues to issue routine and expedited passports to US citizens for all overseas travel needs.

UPDATE (June 24, 2015): The State Department reports that thirty-nine consular posts, which represents more than two-thirds of their normal capacity, are now online and issuing visas.  Moreover, the State Department anticipates that the system will be fully reconnected this week, and personnel will work over the weekend to clear the backlog.

State Department: Huge Fee Increase for Renunciation of US Citizenship

Effective September 12, 2014, the State Department is adjusting the processing fees for certain nonimmigrant and immigrant visa applications, special visa services, and certain citizenship services fees; most dramatically, the fee for renouncing US citizenship is increasing significantly from $450 to $2,350. The reason for these changes, as the US Embassy in London explains, is to reflect the true cost of providing the service:

The Fiscal Year 2012 Cost of Service Model update reflected that documenting a U.S. citizen’s renunciation of citizenship is extremely costly, requiring U.S. consular officers overseas to spend substantial amounts of time to accept, process, and adjudicate cases.  For example, consular officers must confirm that the potential renunciant fully understands and intends the consequences of renunciation, including losing the right to reside in the United States without documentation as an alien. This fee was first introduced in 2010 and was initially set below true cost.

Many are pointing out the huge increase in the renunciation fee coincides with the record number of Americans living abroad who are renouncing their citizenship and a five-year campaign by the Internal Revenue Service to track down tax evasion by Americans hiding money overseas, which has led to "increasingly onerous tax-filing requirements" for "many middle-income Americans living abroad who pay taxes in their host country and say they weren’t trying to dodge U.S. taxes."

On the upside: the fee for E-1, E-2, and E-3 visa applicants is decreasing from $270 to $205.

AP: “U.S. passport and visa database crashes due to an 'unspecified glitch' leaving millions of travelers stranded”

The Associated Press is reporting that the Department of State’s database for issuing US passports, visas, and other travel and identity documents has crashed. There is no indication yet of the cause of the crash, but travelers and others abroad applying for these documents are warned of “major delays.” According to the AP, “potentially millions” of US citizens and international travelers in need of visas are affected by the problem, which “is worldwide and not specific to any particular country, citizenship document, or visa category.” The State Department’s Consular Consolidated Database is used to verify that background checks on applicants are conducted and to print the visas and other documents.

SECOND UPDATE 7/31/14: The main travel page of the State Department’s website is providing daily updates as they work towards a resolution.  They have added a FAQ page which provides more extensive information on the problem and the steps they are taking to process visa applications faster. They’ve also announced that during this period, priority is being given to immigrant visa processing. As for nonimmigrant visa processing (i.e., the processing of temporary work and travel visas), the site states: “Some Embassies and Consulates may temporarily limit or reschedule nonimmigrant visa interview appointments until more system resources become available to process these new applications.” Therefore, applicants for nonimmigrant visas are encouraged to give themselves plenty of time to process their visa stamps, and to expect significant delays until the visa system is back up and running at full capacity.   The Wall Street Journal has detailed some of  the difficulties these technical problems have caused.