Security Clearances for the Issuance of Non-Immigrant Visas at the Consulates

As many of you are aware, delays in is the issuance of non-immigrant visas at U.S. consulates abroad are becoming increasingly frequent and longer in duration for some of our foreign national scholars and students. While there is not a lot that can be done to overcome these lengthy delays, we would like you to understand what a security clearance means and when to expect them.

As foreign students and scholars, you should be aware that each and every time you apply for a visa stamp at the consulate, you could potentially face a security clearance check. Regardless of how recently you went through the clearance process, you still face potential delays in your visa approval. Students and scholars should consider this when deciding whether to travel internationally and in deciding the duration of the expected trip. already entered the U.S. and have reported to their educational institution or program listed in SEVIS, others have not yet entered.

At the consular level, a foreign national can be subject to various types of security clearances. The four most common security clearances encountered by those requesting a non-immigrant visa to enter the U.S. are the visas Condor, visas Mantis, visas Donkey, and the National Crime Information Center (NCIC) check. It is important to note that the foreign national will not know what type of security check they are being subject to, as the consular officers routinely refer to security clearance delays as ‘administrative processing.’

A visas Condor clearance is a security check based on country of birth, citizenship, or permanent residency in a country that is known as a state sponsor of terrorism. The specific triggers for this clearance are classified, but it is likely to affect those born in or residents of one of 26 countries with possible connections to activities affecting the security interests of the United States. While this security clearance typically targets males, there has recently been an increase in the number of women subject to this clearance as well. The Department of State reports a two to three day processing time on this type of clearance, however many foreign nationals are experiencing delays of three to six weeks.

A foreign national subject to the visas Mantis security clearance works in an area that appears on the Critical Fields List of the Department of State’s Technology Alert List. The list focuses on fields that have “dual-use” applications. Dual-use applications are areas of seemingly benign technologies that may have potential military applications. The technology alert list is a very comprehensive list that includes almost every skill involving chemistry, immunology, biomedical sciences, architecture, engineering, and urban design. Because of the list of technologies involved, it is very common for professors and researchers to be subject to this clearance. Foreign nationals of China, India, Russia, Pakistan and other Islamic countries seem to be heavily targeted for this security clearance. The Department of State reports that this clearance can take six to eight weeks to clear.

A visas Donkey clearance is based on a name match for non-criminal issues, generally because someone has a common name. Likewise, a NCIC clearance is based on a name match but is because of potential criminal issues. The name match would appear because the consular officer is concerned that name of the non-immigrant visa applicant has matched a name on a terrorism watch list, foreign arrests and warrants database, and the U.S. arrests and warrants database. Some of the name match issues can be cleared up within a few hours, others may take several months to process.

Once a consular officer has determined that the foreign national may be ineligible to enter the U.S. because of security related concern, the consular officer requests a Security Advisory Opinion (SAO) from the Department of State (DOS). The DOS then coordinates with numerous agencies, including but not limited to the FBI, CIA, Interpol, and Department of Homeland Security, to clear the foreign national for visa issuance. Not until all agencies have responded to the Department of State with positive opinions can the DOS instruct the consulate to issue the visa.

Important notes for foreign national travelers:

1. Keep accurate documentation of your travel records. H-1B visa holders are allowed to recapture time spent outside of the U.S.
2. Make sure you gather all necessary documentation for applying for your visa prior to your travel. The lists of necessary documentation can be found on the ISSP website.
3. If you think you would likely be subject to a clearance based on your research or studies, have your academic or employing department prepare a letter addressing the nature of your academic study or employment.
4. ISSP cannot control the length of time it takes for a security clearance. If you find yourself in administrative processing for more than 30 days, please notify your department and ISSP.
5. Security clearance checks can occur each and every time you apply for a new visa stamp. Delays are possible each time.

If you have any questions about international travel while you are in a visa status, please visit our website at www.emory.edu/ISSP or contact the appropriate advisor.