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The State Department is well on its way to fixing the computer glitch that left the U.S. unable to issue visas overseas, but embassies and consulates around the world still face huge backlogs of applications that have piled up over the past two weeks.
The State Department said Tuesday that computer experts rebuilt and are testing a database used for biometrics clearance. Thirty-nine diplomatic posts were back online as of Tuesday after officials reported that 22 were online Monday.
“Our team continues to work 24/7 to restore the systems to full functionality,” the agency said.
The State Department first reported problems with visa issuances on June 12 and continued to report problems throughout last week. The posts that were back online by Tuesday represent more than two-thirds of the Bureau of Consular Affairs’ normal capacity, the State Department said.
Those posts include: Buenos Aires, Argentina; Brasilia, Rio de Janeiro and São Paulo in Brazil; Beijing, Chengdu, Guangzhou, Shanghai and Shenyang in China; Bogota, Colombia; Santo Domingo, the Dominican Republic; Guayaquil and Quito in Ecuador; San Salvador, El Salvador; Paris, France; London, England; Chennai, Mumbai and New Delhi in India; Tel Aviv, Israel; Kingston, Jamaica; Ciudad Juarez, Guadalajara, Hermosillo, Merida, Mexico City, Monterrey, Nuevo Laredo and Tijuana in Mexico; Lagos, Nigeria; Karachi, Pakistan; Lima, Peru; Manila, the Philippines; Moscow, Russia; Seoul, South Korea; Kyiv, Ukraine; and Hanoi and Ho Chi Minh City in Vietnam.
Even among those posts back online, visa-issuing capacity varies. For example, Beijing issued 15,000 visas Monday (out of 45,000 issued at all embassies and consulates that day), while London reported Wednesday it was still unable to print most visas approved on or after June 9. Those with questions can check the website of the appropriate embassy or consulate.
Embassies and consulates issuing visas again are now faced with huge application backlogs.
“There is a big backlog,” State Department spokesman John Kirby said in a daily press briefing Tuesday. “On average we process about 50,000 a day across the world, so there’s … a big backlog. It’s going to take a while to clear that.”
Check for updates on the State Department’s website.
BAL Analysis: The State Department’s announcement that it is moving toward resolving the computer problems that plagued visa issuance over the last two weeks is welcome news, but the problems posed for travelers are far from over. Embassies and consulates are facing significant backlogs and those planning travel that requires a visa should submit their applications as soon as possible, expect delays and prepare for the possibility of adjusting their travel if necessary.
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The State Department says it has begun to fix the computer glitch that has left embassies and consulates around the world unable to issue visas for nearly two weeks.
Officials said that as of Monday, the problem was fixed at 22 diplomatic posts and that they hoped the system would be fully functional again by the end of the week. The glitch affected biometric data processing in particular, making it impossible for embassies and consulates to run required security checks.
“The Bureau of Consular Affairs is in the process of resolving technical problems with our visa systems,” the State Department said. “Though some progress has been made, biometric data processing has not been fully restored.”
The State Department did not provide information about which 22 posts are back online, but said they represent “about half of the global nonimmigrant visa volume.”
Many posts have canceled visa appointments. For example:
The State Department first reported problems with issuing visas on June 12 and continued to report problems throughout last week.
Officials also temporarily experienced problems printing passports at diplomatic posts abroad, but those issues have mostly been fixed. The State Department said Monday that while overseas and domestic passports are being processed, there have been delays affecting some overseas passports and domestic same-day service and mail applications.
BAL Analysis: Public- and private-sector experts continue their efforts to fix the computer glitch that has plagued visa issuance around the globe. For now, the State Department is continuing to prioritize urgent humanitarian travel and visas for temporary agricultural workers. Other travelers should expect significant delays. Even after the system is fully operational, embassies and consulates will be left with huge backlogs. Those planning travel that requires a visa or passport should apply for their travel documents as soon as possible and prepare to adjust their travel if necessary. Additional resources may be found here.
North Dakota has become the sixth state to join an enhancement to E-Verify, known as the RIDE program, which provides additional verification of driver’s licenses and ID cards when employers are verifying employees’ employment eligibility.
The RIDE (“Records and Information from DMVs for E-Verify”) program links E-Verify with a state’s Department of Motor Vehicles records, allowing driver’s licenses and state ID cards submitted as I-9 identity documents to be matched against state records.
According to the Department of Homeland Security, driver’s licenses and state-issued ID cards make up nearly 80 percent of documents that employees submit as proof of identity for E-Verify. RIDE is intended to reduce document fraud and improve verification of work eligibility.
Other states currently participating in the RIDE program are Florida, Idaho, Iowa, Mississippi and Nebraska.
BAL Analysis: Employers who participate in E-Verify and whose states have joined the RIDE program may benefit from the extra layer of verification in the I-9 process.
The State Department said Tuesday that officials are working “around the clock” to fix the problems plaguing visa issuance at U.S. embassies and consulates around the world, but added that it does not expect to have the problems fixed before next week.
A technical glitch has left embassies and consulates unable to run necessary security checks that are required before visas can be issued. The State Department has said the problems are unrelated to the troubles the Bureau of Consular Affairs experienced in July 2014 and added that there is no evidence that the system failure stems from a cyberattack or hacking. Officials have not elaborated further.
The backlog of visa applicants continues to grow.
“This issue is not specific to any particular country or visa category; this is a global issue,” the State Department said. “Once the systems are fully operational, we will work as quickly as possible to clear the backlog of pending visa cases.”
Visa applicants should expect delays in processing, and some will be contacted directly about rescheduling appointments. The State Department first announced that it was having trouble issuing visas late last week. Overseas consulates and embassies were also temporarily unable to issue passports; however, those problems have been resolved and passports are once again being processed and printed.
The State Department said it continues to prioritize adoption cases and humanitarian travel. People with humanitarian travel needs are urged to contact the nearest U.S. embassy or consulate.
BAL Analysis: The global system outage that is expected to stretch into next week will cause a backlog that could take weeks to work through even after the problem is fixed. Visa applicants should plan accordingly when making travel plans and apply for required travel documents as early as possible, especially during the busy summer months. BAL will continue monitoring the visa systems problems and will update clients should the situation change. Contact your BAL attorney if you are in need of additional information.
The State Department said Monday that it continues to grapple with technical problems that have left it unable to print visas at a number of embassies and consulates around the world. The announcement followed a separate alert last week about delays in passport issuance.
“We apologize to travelers and recognize that this may cause hardship to individuals waiting for visas overseas,” the State Department said.
The State Department said a “hardware failure” on June 9 “halted the flow of biometric clearance requests from posts to the Consular Consolidated Database.” The result is that embassies and consulates are unable to run the required security checks needed to print visas and other travel documents.
As for passports, any application accepted at an overseas facility between May 26 and June 14 may be affected. The State Department said anyone who submitted an application between those dates who needs to travel in the next 10 days should request an emergency passport at the same embassy or consulate where he or she submitted the initial application.
Domestic passport issuance is unaffected, the State Department said.
Officials said they are working to prioritize urgent humanitarian travel, and suggested that those requiring urgent humanitarian travel contact the nearest U.S. embassy or consulate. Officials are also prioritizing overseas adoption cases, the State Department said.
The technical problems are reportedly unrelated to the problems the State Department’s Bureau of Consular Affairs experienced in July 2014.
BAL Analysis: Travelers are urged to plan well in advance whenever possible. BAL will continue monitoring the delays in visa and passport issuance. Contact your BAL attorney if you are in need of additional information.
A divided Supreme Court ruled 5-4 that the government did not need to provide a California woman a detailed explanation as to why it rejected her husband’s application for a visa to join her in the United States.
Fauzia Din, a U.S. citizen, married an Afghan man in 2006 and had hoped to bring him to the U.S. to live with her. The State Department rejected his visa application, citing a wide-ranging federal law that bars entry to foreigners involved in “terrorist activities.” The U.S. Court of Appeals for the 9th Circuit held that Din was entitled to a “facially legitimate reason” for the visa denial.
At the Supreme Court, a five-justice majority ruled against Din, but did not adopt uniform reasoning.
Justice Antonin Scalia, joined by Chief Justice John Roberts and Justice Clarence Thomas, wrote that Din did not have a constitutional claim to challenge the visa denial.
“Because Fauzia Din was not deprived of ‘life, liberty, or property’ when the Government denied her husband admission to the United States, there is no process due to her under the Constitution,” Scalia wrote. “To the extent that she received any explanation for the Government’s decision, this was more than the Due Process Clause required.”
Justice Anthony Kennedy, joined by Justice Samuel Alito, wrote that the Court did not need to decide whether the Due Process Clause applied to Din’s case because, in Justice Kennedy’s view, Din did, in fact, receive due process when the government barred her husband’s entry.
“The Government satisfied any obligation it might have had to provide Din with a facially legitimate and bona fide reason for its action when it provided notice that her husband was denied admission to the country under [the federal statute],” Kennedy wrote.
Four justices dissented. Justice Stephen Breyer, joined by Justices Ruth Bader Ginsburg, Elena Kagan and Sonia Sotomayor, wrote that Din possessed a liberty interest to live with her husband in the United States and that the government had failed to provide an adequate explanation for the visa denial.
Arguments in the case, Kerry v. Din, were heard in February. The American Immigration Lawyers Association and the National Immigrant Justice Center filed an amicus brief in support of Din.
“Absent at least limited judicial review, manifest injustice inevitably will result particularly in circumstances, like those in this case, where a consular official explains the denial of a visa application by offering only a bald citation to a broad and multi-faceted statutory provision,” the organizations wrote in their brief.
BAL Analysis: On the whole, the decision is a disappointment for those who hoped to force the government to provide more detailed explanations for visa denials. In cases such as Kerry v. Din, where the majority does not adopt the same reasoning, the narrower opinion usually controls in lower courts. Justice Kennedy’s opinion, the narrower of the two, does not completely shut the door on U.S. nationals who want to go to court if a foreign spouse is denied a visa. However, given Justice Kennedy’s willingness to accept the government’s explanation in Din’s case, lower courts may accept even cursory explanations for visa denials.
IMPACT – MEDIUM
What is the change? An increase in demand for Afghan visas issued by consulates in the U.S. has led to significantly longer processing times.
What does the change mean? Visas are currently taking at least two to three weeks to process. Those traveling to Afghanistan should leave as much time as possible when applying for visas.
Background: Delays are reported not just at the Afghan Consulate in Washington, but also at Afghan consulates in Los Angeles and New York. Afghan officials advise California residents to apply for visas in Los Angeles, New York residents to apply in New York, and other U.S. residents to apply in Washington. Those in need of visas may want to call ahead of time to check current processing times.
BAL Analysis: The increase in demand and corresponding delays in processing could have a significant impact on those traveling to Afghanistan for business. Those in need of a visa immediately should contact their BAL attorney. BAL will continue monitoring the delays and update clients as needed.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
The Department of Homeland Security is pursuing new regulations that would expand the Optional Practical Training program for F-1 students, according to a briefing to the Senate Judiciary Committee May 28.
The regulations would allow foreign students who graduate with a U.S. degree in a STEM field (science, technology, engineering or math) to extend their initial 12-month OPT status for up to two 24-month periods during their academic career. For example, an F-1 student could work for three years after obtaining an undergraduate STEM degree, return to school for a master’s degree and then work for another two years after graduation. Foreign students who graduate with a non-STEM degree would be allowed to use the 24-month extension as long as they previously obtained a STEM degree. Currently, STEM graduates are allowed one 17-month extension of OPT.
The briefing to Congressional staff prompted a sharp response from Senate Judiciary Committee Chair Charles Grassley, R-Iowa. In a June 8 letter to DHS, Grassley urged the agency to consider stronger controls on the OPT program, including the imposition of wage requirements on employers and a numerical cap on the number of students who receive OPT.
BAL Analysis: In 2014, President Obama announced that he would expand and extend OPT for foreign graduates of U.S. universities. Meanwhile, a trade association representing U.S. engineers is challenging the current OPT regulations in federal court. Any changes to the OPT program are expected to be published for notice and comment, which would allow businesses to submit comments and weigh in on the policy changes.
The Department of Homeland Security has finalized interim rules governing the Visa Waiver Program’s (VWP) Electronic System for Travel Authorization (ESTA) and made one change to the regulations, which will allow DHS to change the ESTA validity period on a country-by-country basis.
An ESTA travel eligibility determination is normally valid for two years, but the new regulation gives the secretary of Homeland Security discretion to increase the validity period for an individual country to the maximum validity period of three years or less.
“The DHS believes that this change enhances the Secretary’s flexibility to recognize countries’ bilateral information sharing and further promotes compliance standards for member countries’ participation in the VWP,” according to the final rule published in the Federal Register today.
DHS noted that it has already implemented other changes since the interim rules, including eliminating the requirement that visa-waived travelers fill out paper I-94W forms upon arrival and sending email notifications reminding travelers when their ESTA travel authorization will expire. In addition, in November DHS added new data fields to the online ESTA questionnaire in an effort to increase security in the VWP.
The final rule, which is scheduled to take effect in 30 days, also finalizes the fees for each ESTA application and allows DHS to expand the ways it processes payment beyond the current Pay.gov system.
The VWP, currently available to nationals of 38 countries, allows eligible business travelers and tourists to enter the U.S. without a visa for visits of up to 90 days. ESTA is a mandatory online prescreening process for travelers using the VWP that was introduced in 2008 under interim rules. The rule announced today adopts as final the 2008 and 2010 interim rules, with the above changes.
BAL Analysis: The final rule does not represent significant major changes to the VWP. If DHS changes the ESTA validity period for a country, it will announce it in the Federal Register and on the ESTA website.
The U.S. Department of Homeland Security has announced plans to expand air preclearance for travelers from nine countries: Belgium, the Dominican Republic, Japan, the Netherlands, Norway, Spain, Sweden, Turkey and the United Kingdom.
Preclearance allows U.S. Customs and Border Protection to inspect passengers at a foreign airport before they embark on a plane. While CBP has said it is an important terrorism-prevention measure, travelers can benefit from avoiding long lines upon arrival in the U.S.
“Preclearance is a win-win for the traveling public,” DHS Secretary Jeh Johnson said in a statement May 29. “It provides aviation and homeland security, and it reduces wait times upon arrival at the busiest U.S. airports.”
The U.S. is expected to begin negotiations with the nine countries. Preclearance is already available at 15 airports in six countries, including Aruba, the Bahamas (Freeport and Nassau), Bermuda, Canada (Calgary, Edmonton, Halifax, Montreal, Ottawa, Toronto, Vancouver and Winnipeg), Ireland (Dublin and Shannon), and the United Arab Emirates (Abu Dhabi). According to the CBP, more than 16 million passengers went through preclearance last year.