DOS Cable on Post-Furlough Visa Processing
Unclassified
(Sent as State 2303, Dated 6 January 1996)
TAGS: CVIS
Subject: Post-Furlough Visa Processing
1. As Consular sections confront their post-furlough visa processing backlogs, the Visa Office realizes that the only good thing about being furloughed in Washington is not being furloughed overseas. We also know that the only real help you need from us are additional resources to catch up. That issue will be addressed separately. Nonetheless, following are suggestions/measures intended to help ease your burden. We wish we could do more and are willing to entertain suggestions for other steps.
2. Visa Office and NVC staffing: For Posts’ information, VO has been minimally staffed (level of some 20%) during the shutdown. While VO has processed some requests from the field, such as SAOS for emergency cases, Posts should be aware that most routine SAOS which require VO action have not been processed and virtually no advisory opinion requests have been processed. Posts, unfortunately, will encounter delays as VO offices work through their own backlogs. Posts are welcome to bring urgent cases to VO’s attention.
3. NVC, however, due to the contractual nature of its staffing and funding, has been functioning in a virtually normal fashion. NVC is well aware of the backlogs Posts are facing and stands ready to assist and support Posts however it can. One change that NVC has made is to delay express shipments of IV cases to posts and the mailing of Packet 3 to those applicants. Shipments and mailings will resume as soon as the shutdown ends.
4. IV numbers allocation: IV numbers cannot be “held over” by Posts for use in a month other than the month of original allocation. Any numbers allocated for December which were not used for visa issuance during that month must be returned by Visas Giraffe cable. If a Post does not have sufficient January numbers available for December cases rescheduled because of the furlough, additional January numbers can be requested from the Department by visas frog message. The announcement of the February monthly IV cut-off dates will be delayed and the effects of the furlough will be taken into consideration when the allocations are made.
5. Diversity Visa Lottery: As Posts are aware from 95 State 288750, CA had planned to conduct the mail-in registration for DV-97 in February, 1996. That announcement was embargoed pending the end of the shutdown. VO does not wish to make the announcement as soon as the shutdown ends and thereby further burden reopening consular sections with DV inquiries. If, as we hope, the shutdown ends in the very near future, we plan to release the DV-97 announcement on January 29, and to conduct the mail-in registration from February 12 through March 12. Posts, however, should not/not make any announcement or release these dates until specific instructions are received. Posts should destroy any DV-97 information sheets which were received from NVC and which include the now wrong dates.
6. It has come to VO’s attention that some DV applicants and/or their representatives are anticipating the mail-in period to begin on February 1 based upon last year’s practice. VO and NVC are now using the following recorded message to respond to DV-97 inquires. "The mail-in application period for the DV-97 visa lottery program has not yet been announced. The dates of the application period will be made public soon after the government resume full operations. Lottery applications received at the National Visa Center before the official application period will be disqualified.
7. Setting Priorities: Posts should give the highest priority to providing service to the public once the furlough ends, including rescheduling fingerprint, DV and IV appointments and NIV interviewing. Replying to correspondence, including congressional correspondence, received during the furlough has a lower priority and may be done as time permits. We expect congressional offices to make follow-up inquires in those cases that are of urgent or continuing interest to them, and those inquiries received after the furlough should be handled within the normal time frame for congressional correspondence. Both VO and H will be prepared to answer questions about replies to correspondence received during the furlough by suggesting a follow-up inquiry be sent if the case is of continuing interest to a congressional office.
8. More on Priorities: VO, and probably many Posts, has been approached by schools, exchange program organizers, etc. about giving preference to certain types or groups of applicants when we resume operations. It is our view that prioritizing of this sort is best left to Posts’ discretion.
9. Student/Exchange Visitor Visas: The I-20s and IAP-66s of many F and J visa applicants will have expired when the application are made. Posts may not issue a visa on the basis of an expired document, since the programs for which the individuals are applying indeed may not accept them after the expiration date. VO has already contacted the National Association of Foreign Student Advisors (NAFSA), suggesting that they urge their members to send faxes or letters immediately stating that the period of enrollment on the I-20 or IAP-66 has been extended.
10. AILA Liaison: We have asked the American Immigration Lawyers Association (AILA) not to send their stateside NIV clients to border Posts during the first few days after the furlough, explaining that Posts must give priority to applicants residing in their districts. We have also informed AILA to expect delays at Posts worldwide.
11. Visas Eagle Name Check Processing Requirements: According to the FBI, for Visas Eagle Name Checks sent on or prior to December 15 shutdown days may be counted as working days towards satisfying the 15 day (in most cases) waiting period for Visas Eagle Name Checks. For any cables sent subsequently shutdown days may not/not be counted and the 15 day (or other) period begins with the first day of resumed operations.
12. Fingerprints: Unfortunately, the FBI’s fingerprint processing will now take even longer than before. The FBI’s fingerprint operation has been minimally staffed during the shutdown. This has resulted in a growing backlog of fingerprint clearance requests. The FBI estimates the shutdown-related backlogs could add several more weeks to the clearance process. They were unable to speculate how long these added delays may continue following a resumption of normal operations. CA management is arranging to meet with key congressional personnel to recommend the suspension of the Fingerprint Pilot Program.
13. Minimize Considered.
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