State/OIG: Sustained Failure of Leadership at the National Passport Center

The National Passport Center is located in Portsmouth, New Hampshire. NPC opened in 1992 and this past November, it processed its 100 millionth passport application. Below excerpted from State/OIG’s report,  Targeted Review of Leadership and Management at the National Passport Center:

Backgrounder: NPC, the largest of 29 passport-processing agencies and twice the size of the next largest, issued 7.4 million passports in FY 2017, or 38 percent of all passports issued by the U.S. Government from October 2016 to September 2017. Located in Portsmouth, New Hampshire, the center was created in 1992, and it grew from 60 employees at its founding to approximately 900 following a 2007 surge in passport demand.

At the time of the inspection, NPC’s staff consisted of a GS-15 Director, 6 GS-14 Assistant Directors, 16 GS-13 Adjudication Managers, and 57 GS-12 Supervisory Passport Specialists who supervised approximately 350 Passport Specialists. Additional staff included Customer Service and Fraud
Prevention employees, Passport Operations Officers, and over 400 contractors who were responsible for passport production and other support services. NPC operates two flexible shifts, which together cover 22 hours per day Monday through Friday. In addition, depending on workload, NPC scheduled overtime shifts on Saturday and Sunday.

Work Environment and CA/PPT Leadership: Senior leaders in CA’s Office of Passport Services (CA/PPT) were aware of concerns regarding NPC’s work environment since at least 2013, when several NPC employees made allegations against NPC leadership. The employees alleged harassment, “bullying,” a lack of trust in leadership, favoritism, abusive behavior to employees, improper hiring procedures, and an overall lack of transparency in the operations of the organization. In response to the allegations, CA/PPT instructed the Director of the Northeast Regional Office, who oversees NPC and other passport agencies, to conduct an internal review of NPC, which he did in January and February 2014. […] To address the internal review’s findings, CA/PPT ordered extensive executive coaching and training for NPC’s Director and senior leaders. The training lasted approximately 2 years and ended in 2016.

How not to solve the problem: OIG also determined that CA/PPT and NPC senior leaders were disengaged and, based on OIG interviews, generally aware of concerns regarding harassment, abuse, and misconduct. During OIG’s review, CA/PPT senior leaders told OIG that they blamed some of the issues at NPC on the fact that employees have known each other for a long time, dismissing the allegations as grudges held from high school and referring to employees as “crusty New Englanders.” CA/PPT’s senior leaders moreover acknowledged inappropriate behavior at NPC, but hoped that “being really busy would solve the problem.”

Being really busy is their hopeful solution? Good lord, who are these people? Are they available to work their magic wand as WH chiefs of staff?

It works! OIG Hotline Complaints: Between February and May 2018, OIG received a series of hotline complaints alleging misconduct, harassment, retaliation, and unfair hiring practices at NPC. […] Hundreds of NPC employees reported to OIG that retaliation, harassment, and “bullying” pervaded the work environment at NPC. OIG found that the reported behavior was widespread and was either condoned or perpetrated by nearly all levels of NPC leadership. Seventeen percent (91) of NPC employees who responded to OIG’s survey reported that they had experienced or observed discrimination and harassment. Of the 156 NPC employees OIG interviewed, 54 (35 percent) stated that they had experienced or observed retaliation, 80 (51 percent) stated that they had experienced or observed harassment, and 61 (39 percent) stated that they had experienced or observed discrimination.

Employees reported to OIG multiple instances of perceived or possible retaliation by Assistant Directors, Adjudication Managers, and other Supervisory Passport Specialists in denying awards, promotions, and special assignments.

Multiple employees reported incidents of sexual and gender-based harassment to OIG, which in some cases, had been ongoing, widely known, and accepted as part of the center’s culture.

Holy Guacamole Alert! NPC’s already problematic workplace environment was exacerbated by the fact that communication was ineffective at all levels within NPC. […] One example of poor communication was the lack of a formal and effective process for explaining and interpreting new guidance with Passport Specialists. When CA/PPT Office of Adjudication (CA/PPT/A) issued new or updated adjudication-specific guidance, its implementation instructions to passport agencies stated that Adjudication Managers must meet with Passport Specialists to discuss the guidance, answer questions, and ensure everyone understands how to implement the new guidance.10 However, NPC’s Adjudication Managers consistently and affirmatively refused to meet with Passport Specialists. 

You read that part above and you think that’s just bonkers. If they’re not meeting regularly to discuss new passport guidance, how would they know if the guidance they have is already outdated?

Security Procedures: In the course of examining the leadership and communication issues described previously, OIG also learned that NPC did not comply with all required Department security procedures. Specifically […] NPC did not follow facility access control measures that govern employee entry and exit, creating an opportunity for individuals without approved access to enter the building.

Admonishment from CA/PPT senior leader and NPC managers: OIG also notes that, after its site visit, a CA/PPT senior leader visited NPC. According to an information memo CA prepared for the Deputy Secretary following the visit, the CA/PPT senior leader communicated  to NPC employees that the Department does not tolerate retaliation. However, OIG subsequently received complaints that CA/PPT senior leaders and NPC managers admonished staff for complaining to and speaking with OIG.

We should note that the OIG report does not include the names of the senior leaders at CA/PPT or the managers at NPC but they’re on LinkedIn, is that right? Please don’t make them lead the Consular Leadership Day festivities next year, hookay?

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Snapshot: Student and Exchange Visitor Visas-Issuances/Refusals (2012-2017)

Via GAO | August 2018:

There are three categories of nonimmigrant visas for prospective students and exchange visitors. U.S. Immigration and Customs Enforcement administers the Student and Exchange Visitor Program, under which schools are certified for enrollment of foreign students (i.e., F and M visa holders) pursuing academic, vocational, or other nonacademic studies. The Department of State’s Exchange Visitor Program manages the issuance of J visas to exchange visitors with programs for foreign nationals such as teachers, certain scholars, au pairs, camp counselors, and professorial programs. Foreign nationals on F, M, or J visas in the United States are monitored through U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Information System.

  • F Student in an academic or language training program and their dependents.
  • J Exchange visitor and their dependents.
  • M Vocational student or other nonacademic student and their dependents.

Top 5 nationalities (FY 2017): Chinese 19%, Indian 10%, Korean 4%,  Vietnamese 4%,  Brazilian, 3%

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Consular Officer Asks Visa Applicant: “Why don’t you have a Pulitzer Prize?”

Other questions to ask:

  • Why are you not a super model?
  • Why are you not a MacArthur Fellow?
  • Why are you not a 10?
  • Why don’t you have swagger like Shakespeare?

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@StateDept Revises Downward Its Consular Revenue Forecasts

Posted: 1:52 am ET

 

The State Department’s FY2019 Budget Proposal discusses Consular Affairs:

The Bureau of Consular Affairs (CA) supports U.S. national security objectives by protecting the interests of U.S. citizens overseas, strengthening border security, and facilitating legitimate travel to the United States. CA provides routine and emergency services to U.S. citizens overseas, adjudicates U.S. passport and visa applications, and undertakes fraud prevention and detection efforts. Together with the Department of Homeland Security (DHS), the Department of Justice (DOJ), the Intelligence Community, the Department of the Treasury, and the Law Enforcement Community, the Department has built a layered visa and border security screening system that rests on training, technological advances, biometric innovations, and expanded data sharing.

Revenue from Department-retained consular fees and surcharges funds CBSP activities. The fees and surcharges collected and retained for consular services include: Machine Readable Visa (MRV) fees, Western Hemisphere Travel Initiative (WHTI) surcharges, Passport Security surcharges, Immigrant Visa (IV) Security surcharges, Diversity Visa (DV) Lottery fees, Fraud Prevention and Detection (H&L) fees, and Affidavit of Support (AoS) Review fees. Each consular fee or surcharge is used to fund CBSP programs and activities consistent with the applicable statutory authority.

We understand that since the beginning of FY 2013, the Consular and Border Security programs (CBSP) was completely funded using consular fees collected and retained by CA, that is, congressionally appropriated funds were not used for CA operations.

Consular Affairs charges user fees for many of the consular services it provides to U.S. citizens and foreign nationals, including fees for services associated with passport issuance and non-immigrant visa processing/issuance. Congress permits the State Department to collect and retain revenue generated from certain consular fees, but the bureau is required by law to remit other amounts collected for consular fees to the Department of the Treasury. The retained consular fees are used to fund the Consular and Border Security Program (CBSP).

Consular and Border Security Programs

During FY 2014, the State Department collected $3.7 billion in consular fees. The revenue is generated primarily from the issuance of 467,370 immigrant visas and 9,932,480 nonimmigrant (temporary) visas and border cards. Note that the State Department only releases its visa issuance number and does not provide a public accounting of the total number of visa applicants. Visa processing fees are collected from all applicants (with few exceptions), and visa issuance fees are collected from certain countries based on reciprocity. (PDF)

In FY 2015, the Department collected $4.1 billion in consular fees that came from immigrant and nonimmigrant visa applicants including 531,463 immigrant (permanent) visas issuance and 10,891,745 nonimmigrant (temporary) visas and border cards issuance. FY2015 is the first time, nonimmigrant visa issuances hit the 10 million mark. (PDF)

We should point out that the consular revenue came from many different fees that cover a variety of services, like fraud prevention fees that are charged to particular visa applicants to fees charged to American citizens for expedited processing of passports. Consular revenue also includes surcharges that are imposed on some services. According to State/OIG, the Machine Readable Visa (MRV) fee includes a legislatively imposed $2 surcharge to support programs to combat human immunodeficiency virus, acquired immune deficiency syndrome, tuberculosis, and malaria.

Trends

For the last several years until 2016, there had been an upward trend in visa demands. In 2012, the USG recognized the growth of foreign visitors from emerging economies with growing middle classes in China, Brazil and India. Then President Obama tasked the Department with increasing non-immigrant visa processing capacity in China and Brazil by 40% in 2012; and ensuring that 80% of non-immigrant visa applicants are interviewed within three weeks of receipt of application (see Visa Hot Love for China and Brazil, Why No Hot Love for Mexico?).

For immigrant visas, the  issuance trend went down in FY2014, then went up in FY2015 and FY2016. In FY2017,  the issuance went down by over 58K. We don’t know at this time what function, if any, or how much, the Trump travel ban contributed to the decrease.

For nonimmigrant visas, the upward trend continued from FY2013-FY2015, then started dipping in FY2016. The decrease in number of nonimmigrant visa issuances continued in FY2017. The chart below also indicates a decrease of over 32,000 in border crossing card issuances in FY2017. To get a sense of what this means in direct U.S. dollars, check the consular fees here for visa services.

The State Department’s FY2019 Budget Proposal recognizes what could be a trend, telling Congress that “Due to new decreased revenue forecasts, the spending plans for FY 2018 have been revised downward from the FY2018 Request. Decreased spending is anticipated within the Bureau of Consular Affairs, partner bureaus, and other support activities.”

The Trump Administration has now submitted two budget proposals to Congress that include deep cuts to the State Department and USAID’s budgets. We have no reason to believe that its proposals for FY2020 and FY2021 would look anything different. But if what we’re seeing in consular workload is the start of a downward trend in revenue, the State Department could be in for a double whammy.

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@StateDept Cancels Ongoing #DiversityVisa Registration, Launches New Registration Oct.18-Nov.22

Posted: 3:14 pm PT
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On October 12, we blogged that the diversity visa website (https://www.dvlottery.state.gov/) has been down for maintenance since at least Sunday, October 8 (see Diversity Visa Lottery Registration Opens 10/3-11/7 – Site Now Down For Maintenance!). The Bureau of Consular Affairs which runs the program has now put up a new announcement:

With the exception of the notice posted on https://www.dvlottery.state.gov there are no FAQs on the website.  The US Embassy in Ecuador, however, helpfully posted the following FAQ:

Q: What can you tell us about the technical issue? Were entries lost? Was this a hacking attempt?
The technical issue was a failure to properly account for country of eligibility if the entrant was selecting a country of eligibility other than his/her place of birth, which is permitted in certain limited circumstances. This was not a result of any outside interference or hacking attempt.

Q: How many entries had been received before this technical issue?
Due to technical issues, we are unable to reliably estimate how many valid entries were received at this time. In order to protect the integrity of the process and ensure a fair opportunity to all entrants, we are restarting the entry period now.

Q: How many DV entries does the Department expect for DV-2019?
In DV-2018, the last year for which numbers are available, we received more than 14 million entries from principal applicants.

Q: How will the Department notify applicants whose entries are not valid? 

The Department will send an automated email notification to each Diversity Visa entrant from whom an entry was received before October 18, 2017, using the email address provided on the lottery entry form, directing the entrant to check the website dvlottery.state.gov for an important announcement.  We will also work through our embassies and consulates to inform potential entrants of the situation and new registration period using social media and local media outlets.

Since this program, presumably was the same program used in last year’s lottery, why would the “technical issue” that failed “to properly account for country of eligibility if the entrant was selecting a country of eligibility other than his/her place of birth” only surface now?  Did CA switched contractor between last year and this year’s lottery roll out? Did contractor perform system programming change after the last lottery but before the current one opened on October 3, 2017?

What we don’t understand is if this is a technical issue now, why was this not a technical issue last year if they’re using the same program?

This is not the first time that a “technical issue” happened with diversity visa lottery program.

We were reminded recently that the May 2015 DV lottery site crashed when people were trying to check lottery results. But the really big one happened much earlier in 2011 when Consular Affairs ran the FY2012 lottery, and it turned out the lottery results were not even random, so CA had to nullify the visa lottery results and ran the lottery again.  The nullification resulted in a lawsuit against the Department of State. That lawsuit was eventually dismissed by the U.S. District Court for the District of Columbia on July 14, 2011.

The State/OIG did review that FY2012 DV debacle, and since we’re not clear how the current technical issue occurred, we’ll revisit the 2011 case:

The OIG team found three problems that led to this failure, all of which stem from the lack of adherence to sound project management and systems development principles. First, CA’s Office of Consular Systems and Technology (CST) implemented a system programming change without performing adequate testing. Second, CST changed contract task orders without notifying the Office of Acquisition Management (AQM). Third, CST management failed to adequately discuss the changes with all stakeholders and thus did not fully understand how overseas consular officers administer the DV program.

Also this:

The primary reason for the DV 2012 program failure was that CST did not adequately test the new computer program for the random selection of potential DV program participants. Section 203(c) of the Immigration and Nationality Act (INA), as amended,3 limits the number of DVs that may be available by both region and country. Therefore, 22 CFR § 42.33(c) requires that selection be based on random rank-ordering of participants by region through a computer program designed for this purpose. When participants submit their records, the computer program assigns a sequential number to each record based on the participant’s region. Subsequently, the selection process uses the sequential numbers to randomly rank-order the participants’ records. CST management decided in November 2010 not to use the commercial off—the—shelf statistics analysis program that it had used successfully for random rank—ordering in numerous previous years. Instead, CST management asked one of its contractors to develop a program. This new computer program had a coding error that produced a nonrandom rank-ordering and thus failed to meet INA requirements. The program not only selected 98 percent of the applicants from the first two dates of the allowed submission dates, it also selected multiple individuals from the same families.

According to CST management and the contractor staff who developed the new DV computer program, testing scenarios were limited to validating that all geographic regions were assigned the correct numerical limitation and that the total number of selectees to be drawn was accurate. In addition, the development, testing, and production implementation of the program were done exclusively by one contracting company that, due to poor planning and failure to consult with all DV stakeholders, did not have adequate information to create a complete test plan for the computer program. Key stakeholders such as CST’s independent validation and verification team, the Visa Office, and the contractor that operated and managed the legacy computer program were not involved in planning and implementing the new computer program.
[…]
Principals in the Visa Office were not aware that changes had been made to the computer program until after it failed and the results had to be voided. CST management further stated that it is not clear to them which office is responsible for administering the DV program.

Read the full report here: https://oig.state.gov/system/files/176330.pdf.

So again, did the Consular Affairs contractor perform system programming changes after last year’s lottery but before the current one opened on the 3rd of October?

If that did not happen, and CA is using the same system, how did CA principals become aware that the system is failing “to properly account for country of eligibility if the entrant was selecting a country of eligibility other than his/her place of birth?”

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Diversity Visa Lottery Registration Opens 10/3-11/7 – Site Now Down For Maintenance!

Posted: 1:41 pm PT
Updated: 2:02 pm PT
Updated: October 13, 5:15 pm PT
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The annual Diversity Visa Lottery registration period opened October 3, 2017 and closes on November 7, 2017. We understand that the registration site (https://www.dvlottery.state.gov/) has been down since at least Sunday. Today the site has a “Down for Maintenance” banner. The question we’ve been asked: The State Department has 45 weeks a year to get the site ready for the five week registration period. Now it’s down for maintenance, what’s going on? We’ve asked. We will update if we hear anything back.

Update#1:
We understand that this could be a technical issue, but we have yet to hear an official response to our inquiry or a public statement from the State Department.

Update#2: A State Department official speaking on background told us “There is a technical problem requiring maintenance and the site will be brought back up as soon as possible.” When asked about the specifics of the technical problem or the time frame when they expect the issue resolved, the official declined to provide additional details. 

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Visa Holders Who Violate #90DayRule May be Presumed to be of “Material Misrepresentation”

Posted: 4:44 am ET
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On September 26, the State Department updated its FAM guidance on INELIGIBILITY BASED ON ILLEGAL ENTRY, MISREPRESENTATION AND OTHER IMMIGRATION VIOLATIONS – INA 212(A)(6)

INA 212(a)(6)(C)(i) provides an alien who seeks to procure, or has sought to procure, or has procured a visa, other documentation, or entry into the United States or other benefit provided under the INA by fraud or willfully misrepresenting a material fact at any time shall be ineligible for a visa.

9 FAM 302.9-4(B)(2) notes that “most cases of inadmissibility under this section will involve “material misrepresentations” rather than “fraud” since actual proof of an alien’s intent to deceive may be hard to come by.  As a result, the Notes in this section will deal principally with the interpretation of “material misrepresentation.”

The guidance tells consular adjudicators that “To conclude there was a misrepresentation, you must have direct or circumstantial evidence sufficient to meet the “reason to believe” standard, which requires more than mere suspicion but less than a preponderance of the evidence.”

On September 16, 2017 the State Department sent 17 STATE 95090 on the Change to INA 212(a)(6)(C)(i) and Introduction of 90 Day Rule

1. SUMMARY: This cable advises posts on the application of INA section 212(a)(6)(C)(i) as it pertains to revised guidance at 9 FAM 302.9-4(B)(3)(g-h) regarding the 90 day rule, formerly known as the “30/60 day rule.” Interagency working groups agreed to a change in policy and expanded the 30/60 day timeframe to 90 days for aliens who enter the United States and engage in activity inconsistent with their nonimmigrant status before procuring a change or adjustment of status. END SUMMARY.

The 90 day rule

2. The following revised guidance replaces the 30/60 day rule and applies to all adjudications that occur after September 1. The guidance should not be applied retroactively. As detailed in the revisions to 9 FAM 302.9-4(B)(3)(g-h), aliens who violate or engage in conduct inconsistent with his or her nonimmigrant status within 90 days of entry into the United States by:

1) engaging in unauthorized employment;
2) enrolling in a course of unauthorized academic study;
3) marrying a U.S. citizen or lawful permanent resident and taking up residence in the United States while in a nonimmigrant visa classification that prohibits immigrant intent; or
4) undertaking any other activity for which a change of status or adjustment of status would be required prior to obtaining such change or adjustment, may be presumed to have made a material misrepresentation.

You must give the alien the opportunity to present evidence to rebut the presumption that he or she made a willful misrepresentation on prior visa applications or in their applications for admission to the United States before you can find the applicant ineligible under 212(a)(6)(C)(i). If the applicant is unable to overcome the presumption that he or she engaged in a willful misrepresentation, post must request an Advisory Opinion (AO) from the Visa Office of Advisory Opinions (CA/VO/L/A) per 9 FAM 302.9-4(B)(3)(h)(2)(b).

3. If an alien violates or engages in conduct inconsistent with his or her nonimmigrant status after 90 days of entry into the United States, there generally is no presumption of willful misrepresentation. However, if facts in the case give you a reason to believe that the alien misrepresented his or her purpose of travel at the time of the visa application or application for admission, you must request an AO from CA/VO/L/A.

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Trump Announces New Visa Restrictions For Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia

Posted: 12:17 am ET
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President Trump issued E.O. 13780 on March 6 (Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States). It revoked the January 27 order, and reissued the ban for the same six countries – Iran, Libya, Somalia, Sudan, Syria, and Yemen, with Iraq excepted (see Trump Revokes Travel Ban EO, Reissues New Executive Order For Six Muslim Countries Minus Iraq).

As we’ve pointed out previously here, there’s something in EO 13780 that did not get as much attention as the travel ban.  Section 2 (a) and (b) of the E.O. requires the review of immigration-related information sharing by foreign governments.

Sec. 2.  Temporary Suspension of Entry for Nationals of Countries of Particular Concern During Review Period.  (a)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall conduct a worldwide review to identify whether, and if so what, additional information will be needed from each foreign country to adjudicate an application by a national of that country for a visa, admission, or other benefit under the INA (adjudications) in order to determine that the individual is not a security or public-safety threat.  The Secretary of Homeland Security may conclude that certain information is needed from particular countries even if it is not needed from every country.

(b)  The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, shall submit to the President a report on the results of the worldwide review described in subsection (a) of this section, including the Secretary of Homeland Security’s determination of the information needed from each country for adjudications and a list of countries that do not provide adequate information, within 20 days of the effective date of this order.  The Secretary of Homeland Security shall provide a copy of the report to the Secretary of State, the Attorney General, and the Director of National Intelligence.

The report required under Section 2(b) was reportedly submitted in mid-July to the President. The State Department subsequently sent a guidance cable to all posts worldwide to help foreign governments understand the requirements and how they can start meeting them. We understand that posts were told to request a response from their host government counterparts to enable them to respond to the State Department by July 21.

On September 24, President Trump announced new security measures that establish minimum requirements for international cooperation to support U.S. visa and immigration vetting and new visa restrictions for eight countries. The announcement cites Section 2 of Executive Order 13780 — “if foreign countries do not meet the United States Government’s traveler vetting and information sharing requirements, their nationals may not be allowed to enter the United States or may face other travel restrictions, with certain exceptions.” Below are the country-specific restrictions per Fact Sheet: Proclamation on Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats:

Country-Specific Travel Restrictions:

  • The United States maintained, modified, or eased restriction on 5 of 6 countries currently designated by Executive Order 13780. Those countries are Iran, Libya, Syria, Yemen, and Somalia.
  • The United States lifted restrictions on 1 of 6 countries currently designated by Executive Order 13780: Sudan.
  • The United States added restrictions and/or additional vetting on 3 additional countries found to not meet baseline requirements, but that were not included in Executive Order 13780. These countries are: Chad, North Korea, and Venezuela.
  • The country specific restrictions are as follows:

Chad – Although it is an important partner, especially in the fight against terrorists, the government in Chad does not adequately share public-safety and terrorism-related information, and several terrorist groups are active within Chad or in the surrounding region, including elements of Boko Haram, ISIS-West Africa, and al-Qa’ida in the Islamic Maghreb. Accordingly, the entry into the United States of nationals of Chad, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended.

Iran – The government in Iran regularly fails to cooperate with the United States Government in identifying security risks; is the source of significant terrorist threats; is state sponsor of terrorism; and fails to receive its nationals subject to final orders of removal from the United States. Accordingly, the entry into the United States of nationals of Iran as immigrants and as nonimmigrants is suspended, except that entry by nationals of Iran under valid student (F and M) and exchange visitor (J) visas is not suspended, although such individuals will be subject to enhanced screening and vetting requirements.

Libya – Although it is an important partner, especially in the area of counterterrorism, the government in Libya faces significant challenges in sharing several types of information, including public-safety and terrorism-related information; has significant inadequacies in its identity-management protocols; has been assessed to be not fully cooperative with respect to receiving its nationals subject to final orders of removal from the United States; and has a substantial terrorist presence within its territory. Accordingly, the entry into the United States of nationals of Libya, as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended.

North Korea – The government in North Korea does not cooperate with the United States Government in any respect and fails to satisfy all information-sharing requirements. Accordingly, the entry into the United States of nationals of North Korea as immigrants and nonimmigrants is suspended.

Somalia – Although it satisfies minimum U.S. information-sharing requirements, the government in Somalia still has significant identity-management deficiencies; is recognized as a terrorist safe haven; remains a destination for individuals attempting to join terrorist groups that threaten the national security of the United States; and struggles to govern its territory and to limit terrorists’ freedom of movement, access to resources, and capacity to operate. Accordingly, the entry into the United States of nationals of Somalia as immigrants is suspended, and nonimmigrants traveling to the United States will be subject to enhanced screening and vetting requirements.

Syria – The government in Syria regularly fails to cooperate with the U.S. Government in identifying security risks; is the source of significant terrorist threats; has been designated as a state sponsor of terrorism; has significant inadequacies in identity-management protocols; and fails to share public-safety and terrorism information. Accordingly, the entry into the United States of nationals of Syria as immigrants and nonimmigrants is suspended.

Venezuela – The government in Venezuela is uncooperative in verifying whether its citizens pose national security or public-safety threats; fails to share public-safety and terrorism-related information adequately; and has been assessed to be not fully cooperative with respect to receiving its nationals subject to final orders of removal from the United States. Accordingly, the entry into the United States of certain Venezuelan government officials and their immediate family members as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas is suspended.

Yemen – Although it is an important partner, especially in the fight against terrorism, the government in Yemen faces significant identity-management challenges, which are amplified by the notable terrorist presence within its territory; fails to satisfy critical identity-management requirements; and does not share public-safety and terrorism-related information adequately. Accordingly, the entry into the United States of nationals of Yemen as immigrants, and as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended.

IRAQ: The Secretary of Homeland Security also assesses Iraq as inadequate according to the baseline criteria, but has determined that entry restrictions and limitations under a Presidential proclamation are not warranted because of the close cooperative relationship between the United States and the democratically elected government of Iraq, the strong United States diplomatic presence in Iraq, the significant presence of United States forces in Iraq, and Iraq’s commitment to combating the Islamic State of Iraq and Syria (ISIS).

The Secretary recommends, however, that nationals of Iraq who seek to enter the United States be subject to additional scrutiny to determine if they pose risks to the national security or public safety of the United States.

The FAQ notes that these restrictions and limitations took effect at 3:30 p.m. eastern daylight time on September 24, 2017, for foreign nationals “who were subject to the suspension of entry under section 2 of E.O. 13780, and who lack a credible claim of a bonda fide relationship with a person or entity of the United States.” The restrictions and limitations take effect at 12:01 a.m. eastern daylight time on October 18, 2017, for all other foreign nationals subject to the suspension of entry under section 2 of E.O. 13780, and for nationals of Chad, North Korea, and Venezuela.

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Related posts:

All U.S. Passports Invalid for Travel to North Korea Without Special Validation Effective 9/1/17

Posted: 11:37 am PT
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On July 21, the Department of State declared that all U.S. passports are invalid for travel to the Democratic People’s Republic of Korea (North Korea) unless the travel meets certain criteria.

The Department of State has determined that the serious risk to United States nationals of arrest and long-term detention represents imminent danger to the physical safety of United States nationals traveling to and within the Democratic People’s Republic of Korea (DPRK), within the meaning of 22 CFR 51.63(a)(3). Therefore, pursuant to the authority of 22 U.S.C. 211a and Executive Order 11295 (31 FR 10603), and in accordance with 22 CFR 51.63(a)(3), all United States passports are declared invalid for travel to, in, or through the DPRK unless specially validated for such travel, as specified at 22 CFR 51.64. The restriction on travel to the DPRK shall be effective 30 days after publication of this Notice, and shall remain in effect for one year unless extended or sooner revoked by the Secretary of State.

The notice was published in the Federal Register on August 2, 2017.

photo from travel.state.gov

Per 22 CFR 51.63 Passports invalid for travel into or through restricted areas; 

(a) The Secretary may restrict the use of a passport for travel to or use in a country or area which the Secretary has determined is:

(1) A country with which the United States is at war; or

(2) A country or area where armed hostilities are in progress; or

(3) A country or area in which there is imminent danger to the public health or physical safety of United States travelers.

(b) Any determination made and restriction imposed under paragraph

(a) of this section, or any extension or revocation of the restriction, shall be published in the Federal Register.

Per 22 CFR 51.64 Special validation of passports for travel to restricted areas.

(a) A U.S. national may apply to the Department for a special validation of his or passport to permit its use for travel to, or use in, a restricted country or area. The application must be accompanied by evidence that the applicant falls within one of the categories in paragraph (c) of this section.

(b) The Department may grant a special validation if it determines that the validation is in the national interest of the United States.

(c) A special validation may be determined to be in the national interest if:

(1) The applicant is a professional reporter or journalist, the purpose of whose trip is to obtain, and make available to the public, information about the restricted area; or

(2) The applicant is a representative of the International Committee of the Red Cross or the American Red Cross traveling pursuant to an officially-sponsored Red Cross mission; or

(3) The applicant’s trip is justified by compelling humanitarian considerations; or

(4) The applicant’s request is otherwise in the national interest.

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Secretary Tillerson Swears-In Assistant Secretary for Consular Affairs Carl Risch

Posted: 12:22 am ET
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Via state.gov

U.S. Secretary of State Rex Tillerson swears-in Assistant Secretary for Consular Affairs Carl Risch, at the Washington Passport Agency, in Washington, D.C. on August 31, 2017. [State Department Photo/ Public Domain]

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