DOS Cable on New FAM Notes on Spot-Checking Issued NIVs

R 080057Z JUN 02
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
AMEMBASSY DUSHANBE
AMEMBASSY KABUL
AMEMBASSY KHARTOUM

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 41.113.

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

See PN17.

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 Accountability.]

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 TEXT]

6. Minimize considered.

POWELL