Spot-Checking Visas at Consulates
Posted Jun 28, 2002

The U.S. Department of State (DOS) issued a cable in June 2002 that became effective immediately, stating there is a need to "spot-check" approved nonimmigrant visas (NIVs) in order to comply with the Visa Lookout Accountability (VLA). Spot-checking by consular managers has always been a requirement for both nonimmigrant and immigrant visas.

In order to make the NIV spot-checks into official policy, the DOS has included a new interpretive note in the Foreign Affairs Volume (FAM) at Volume 9, Appendix G 101.6(C) and a new procedural note at 9 FAM 41.113. The cable provides that it is the responsibility of the NIV Chief, the Visa Chief, the Consular Section Chief or the backup consular officer, to spot-check approved nonimmigrant visa applications. At each U.S. consulate it is the Consular Section Chief's responsibility to determine the frequency and number of spot-checks for NIVs. The stated purpose of these spot-checks is to "maintain the highest professional standards of adjudication and ensure uniform and correct application of the law and regulations."

For those who are not familiar with the visa lookout list, it is the list of those persons on the U.S. Department of State and the INS database who should be prevented from entering the U.S. based on reasons like fraud, misrepresentation, terrorism, domestic violence abuses, etc. Unfortunately, sometimes there are errors on the VLA list or a similarity in names with a person on the VLA list that can delay an innocent person's visa or even result in his or her denial. Resolving such cases can be time consuming. We expect that this DOS cable is likely to result in the delay of more cases in the issuance of the nonimmigrant visa like the B-1/B-2, F-1, M-1, J-1, or the H1B visa.