Cite as "AILA InfoNet Doc. No. 02062443 (posted Jun. 24, 2002)"
R 080057Z JUN 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR
SPECIAL EMBASSY PROGRAM
UNCLAS STATE 111136
E.O. 12958: N/A
TAGS: CVIS, CMGT, KFAM, AINF, KSEP
SUBJECT: New FAM Notes on Spot-Checking Issued Nonimmigrant Visas
REF: A) 9 FAM APPENDIX G 101.6(C) B) 9 FAM 41.113
1. This message has been cleared by (SEP).
2. This is an action request - see paragraph 4.
3. Ref A has long included a requirement that consular managers perform spot
checks of issued visas (both NIVs and IVs) for the purpose of ensuring Visa
Lookout Accountability (VLA) compliance. In addition, it has always been a good
management practice for consular managers to perform spot checks of issued visas
generally (e.g., not only for VLA purposes). This is especially true for NIVs.
In order to make general NIV spot checks official policy, the Department has
included a new interpretive note (N9) and procedural note (N17) at 9 FAM
4. The new notes are contained in paragraph 5 of this message and are
effective immediately. Consular managers are requested to ensure that their
procedures are in compliance with the notes. If posts have any questions about
the new notes, they should contact their post liaison officer in CA/VO/F/P.
5. [BEGIN TEXT] 9 FAM 41.113 N9 Spot Check of Issuances
PN17 Spot Check of Issuances
a. The NIV Chief, the Visa Chief or the Consular Section Chief must spot
check approved nonimmigrant visa applications. The purpose of such spot checks
is to maintain the highest professional standards of adjudication and to ensure
uniform and correct application of the law and regulations. It is the Consular
Section Chief's responsibility to determine the frequency and number of spot
checks. [See 9 FAM Appendix G 101.6(c) for spot checks related to Visa Lookout
b. In posts where the Consular Section Chief is the sole consular officer or
where the Consular Section Chief otherwise issues a significant percentage of
the nonimmigrant visas at the post, the backup consular officer must perform the
spot check of the Consular Section Chief's issuances. In such posts the backup
consular officer shall determine the frequency and number of spot checks of the
Consular Section Chief's issuances. The Consular Section Chief shall determine
the frequency and number of spot checks of his/her subordinates' issuances. [END
6. Minimize considered.