Visa Mantis Clearances Valid for Longer Periods
Posted Feb 18, 2005
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The U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) announced on February 11, 2005 that certain Visa Mantis clearances will have longer validity periods. The Visa Mantis clearance is required for foreign nationals coming to the United States to study or work in a number of scientific and technical fields. If a Visa Mantis clearance expires and the foreign national needs a new visa, s/he must wait for another Visa Mantis clearance. Though the average time for processing a Visa Mantis clearance is less than 14 days, some Visa Mantis clearances may take months or, in extreme cases, years. The validity of the Visa Mantis clearance varies by visa type.
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F Visas
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As of February 11, 2005, foreign nationals who have received a Visa Mantis clearance for an F (student) visa will maintain that clearance for the length of the approved academic program, to a maximum of 4 years. The student may lose the Visa Mantis clearance if s/he changes academic programs. This change is likely a result of new findings that significantly fewer students are coming to the U.S. from abroad. Many students were facing problems entering or reentering the United States because of waiting times for Visa Mantis clearances. These clearances delay the students' ability to start or continue their academic programs. We applaud the DOS and DHS for recognizing and addressing this problem, which has contributed to a significant loss of revenue to many U.S. educational institutions and possibly hindered important work in the area of research within the U.S.
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H, J, and L Visas
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The Visa Mantis clearance for these visas will be the duration of the approved activity, up to a maximum of 2 years. A new Visa Mantis review will be required if the nature of the visa holder's activity in the U.S. changes. It is unclear why H and L visa holders are not granted a longer period of Visa Mantis clearance, as the H or L visa or status could be valid for up to a maximum of three years at a time.
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B Visas
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The Visa Mantis clearance for these visas will be up to one year, as long as the original purpose for travel when the Visa Mantis clearance is first issued does not change on subsequent trips. This may be particularly helpful for business visitors.
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General Guidelines Only
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The DOS was clear that there may be times when a Visa Mantis clearance will still be requested even if a person has not changed programs or jobs. This can occur if the consular officer believes that an additional clearance is necessary. Therefore, whenever possible, individuals who are seeking a visa should avoid waiting until the last minute to apply for a new visa at the consular post abroad.
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Conclusion
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The DHS and DOS are to be commended for this effort to, in the words of Asa Hutchinson, current DHS Under Secretary for Border and Transportation Security, "send a clear message that the U.S. highly encourages those with great scientific minds to explore studying and working in our country." The United States has a long, rich history of opening its doors to people the world over. We at The Law Office of Sheela Murthy share the hopes of the DHS and DOS that this change in Visa Mantis clearance policy will keep the United States secure while continuing to welcome the best and brightest to our shores!