DOS Changes Review Requirements for Visas
Posted Jul 07, 2006
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The U.S. Department of State (DOS) has issued a final rule on consular supervisory review requirements. The rule became effective June 30, 2006 and changes the previous rule that decisions to approve visas were to be spot checked. Now, instead of spot checking, the rule requires all decisions to approve visas to be reviewed by consular supervisors. Under the rule, the review should occur on the same day as the decision to approve the visa. It is unclear, however, whether high-volume consulates will be able to accomplish this objective. The actual language used says that decisions are to be reviewed "on the day of issuance or as soon as is administratively possible."
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The new rule also provides that, unlike in the past, not all denials need to be reviewed. A denial that is reviewed, however, is to be reviewed on the same day, unless the denial occurs because the visa officer determines more information is needed and the visa applicant has indicated that s/he will provide this. In those instances, the consular supervisor has up to 120 days to review the decision of the visa denial.
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This change is due to the perception that reviewing visa approvals will advance U.S. border security. We at the Murthy Law Firm will monitor the results of this change and report to our readers any impact on visa issuance timings.