: Foreign Student Visas

[David Farber <dave () farber net>]

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Date: Fri, 11 Mar 2005 15:42:54 -0500
To: <farber () CENTRAL CIS UPENN EDU>
Subject: FYI #29: Foreign Student Visas

FYI
The American Institute of Physics Bulletin of Science Policy News
Number 29: March 11, 2005

GAO Documents Improvements in Visa Application Process

On February 16, the Government Accountability Office (GAO) released
a report entitled, "Border Security: Streamlined Visas Mantis
Program Has Lowered Burden on Foreign Science Students and Scholars,
but Further Refinements Needed."  The title succinctly summarizes
the report's main message: Improvements enacted by the Departments
of State and Homeland Security have made the visa application
process far less burdensome to foreign students and scientists than
it was in the wake of the September 11, 2001 terrorist attacks.  But
the report also points out that some of the improvements have yet to
be fully implemented.

According to the GAO report, thousands of international students and
scholars apply for visas to come to the U.S. each year.  Some must
undergo a security check called Visas Mantis, which is intended to
identify those who may pose a national security threat by illegally
transferring sensitive technologies.  Consular officers must
determine whether the Mantis check should be conducted, based on the
applicant's background and whether his or her proposed activities in
the U.S. could involve exposure to technologies on the Technology
Alert List.  Tighter restrictions established after 9/11, coupled
with insufficient staff and technology to handle the increased
workload, led to delays and backlogs.  According to Janice Jacobs,
the Deputy Assistant Secretary of Visa Affairs at the State
Department, the number of cases submitted for Mantis review jumped
from around 7,000 before 9/11 to nearly 20,000 after, with visas
actually being denied in only about 2 percent of cases.  Tales of
scientists unable to receive visas in time for scientific
conferences, or students in time for the start of classes, prompted
the scientific and academic communities to voice concerns to federal
agencies and on Capitol Hill.

In response, the Departments of State and Homeland Security (DHS)
took a number of actions to improve the processing of Mantis cases.
These actions included: adding more staff, providing additional
guidance and feedback to consular officers, developing an electronic
tracking system for applications, clarifying each participating
agency's responsibilities, emphasizing that students and scholars
should receive priority in scheduling visa interviews, and extending
the validity of Mantis clearances from one year to four years for
students and two years for exchange visitors.

A previous GAO study determined that in the spring of 2003, a Visas
Mantis check took an average of 67 days, and also found consular
officers unsure of when a Mantis check should be implemented and
what information was required.  By November of 2004, as documented
in the recent GAO report, the average processing time for Visas
Mantis cases had been reduced to 15 days.  The number of cases
pending after 60 days was also substantially reduced, from 410 in
February 2004 to 63 by October of the same year.

The GAO concluded that, "in 2004, State, DHS, and the FBI
collaborated successfully to reduce Mantis processing times."
However, it also states that "opportunities remain to further refine
the Visas Mantis program and facilitate legitimate travel to the
United States."  In particular, GAO notes that some confusion still
exists among consular officers about the Mantis process, and not all
relevant federal agencies are completely connected to the electronic
tracking system that would speed up the process.  The GAO recommends
establishing a formal timeframe for fully connecting all agencies,
and providing additional opportunities for consular officers to
interact with officials at the State Department.

"We've come a really long way," stated Matt Owens, Senior Federal
Relations Officer for the Association of American Universities, at a
February 18 session on this topic at the annual meeting of the
American Association for the Advancement of Science.  C. Stewart
Verdery, the then-Assistant Secretary for Border/Transportation
Security Policy at DHS, commended the university community for being
"persistent and really effective."  Jacobs said that "we at State
fully, fully understand and support the whole concept of
exchange...and bringing in the best and brightest" students.  "We
have really made an effort," she said, "to try to turn cases around
as quickly as we can."

David Goldston, Chief of Staff for the House Science Committee,
called it "remarkable" that such progress could be made in a
relatively short period of time.  But he added that everyone who has
a stake in this issue "should remain vigilant."  It is important to
increase awareness, especially among Members of Congress, of "how
much we depend on foreign students and scientists" and how important
cultural exchange is, he warned.  "It is not the case that these
students are displacing U.S. students," he added, noting that he
would like to see "more U.S. students as well."

Owens mentioned several additional areas where AAU would like to see
further improvements made, including developing reciprocity
agreements with other countries for extended visa validity, and
modifying Section 214B of the immigration law.  This section, as
Jacobs explained, requires that student and exchange visitor visa
applicants demonstrate that they do not intend to immigrate to the
U.S.  She noted, however that the SEVIS (Student and Exchange
Visitor Information System) program has been helpful, because
consular officers can now confirm that an applicant has been
accepted as a student at a U.S. institution.

"The conflict is not just in the law," Goldston said; "it is in the
attitude behind the law."  He noted that while the U.S. wants
foreign S&T workers and students, "on the other hand," there is
concern that they will displace U.S. workers.  "My guess," he said,
is that "it's not something people are really going to deal with."
He noted that it predated 9/11 and has not proved to be a
significant barrier, and he cautioned against initiating an
immigration debate in Congress over this issue.

The GAO report is available at http://www.gao.gov; type in the
report number (GAO-05-198) when asked for Keyword or Report Number
in the upper right hand corner.

###############
Audrey T. Leath
Media and Government Relations Division
The American Institute of Physics
fyi () aip org  www.aip.org/gov
(301) 209-3094
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