DHS and DOS Sign Memo on Allocation of Visa Responsibilities
Posted Oct 17, 2003
The U.S. Department of State (DOS) and U.S. Department of Homeland Security (DHS) signed a Memorandum of Understanding (MOU), on September 29, 2003, regarding changes in their roles as to the visa issuance process. These changes arise from requirements contained in the Homeland Security Act of 2002. The MOU implements the required changes. The MOU is quite detailed with respect to mutual notification and consultation requirements concerning the duties that are now shared, rather than their being the exclusive province of the DOS.
DOS in Charge of Visa Issuance and Foreign Policy
The DOS will continue to manage the visa issuance process at the U.S. consulates abroad. The MOU states that the DHS will respect the prerogatives of the DOS to manage the visa process and execute U.S. foreign policy. The DOS will continue to propose and issue visa guidance, subject to DHS consultation and approval. This guidance includes regulations, Foreign Affairs Manual provisions, and Cables to consular posts in order to implement the laws pertaining to visas. All existing visa guidance remains in effect, unless specifically changed under the terms of the MOU.
Consular officials will continue to be DOS employees, and will receive supervision through the DOS. Decisions on visa issuance will remain in the hands of DOS consular officers. DHS officials assigned abroad will advise the consular officials on security threats that affect visa issuance procedure.
DHS in Charge of Issues of Homeland Security and Visa Policy
DHS will establish visa policy and make sure that the visa process includes all necessary homeland security requirements. DHS has officials stationed in Saudi Arabia, as was required by the Homeland Security Act. Additional officials will be posted abroad at other U.S. Embassies and Consulates, to carry out the duties contained in the MOU. Specifics as to where DHS officials will be posted will be determined by both DHS and DOS.
Final decisions regarding areas of policy will be with DHS officials. These include such issues as visa validity periods, multiple- or single-entry, the need for personal appearances, and the place of visa application.
Conclusion
For this MOU to work, there will need to be a great deal of cooperation between the two Departments. Traditionally, governmental departments are quite territorial and jealously guard their spheres of power. The results of these changes are, as yet, uncertain, but security continues to be the watchword of the day.© The Law Office of Sheela Murthy, P.C.
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