Snapshot: State/CA’s Revenue Drop, Staffing , Backlogs

13 Going on 14 — GFM:



Excerpt from Department of State/AILA Liaison Committee Meeting May 27, 2021:
11.DOS’ decision last year to suspend most of its visa operations overseas, while understandable given the COVID-19 global pandemic, has resulted in enormous frustration for applicants, who face a sizeable backlog of pending immigrant visa cases and limited availability of appointment slots for nonimmigrant travel. Please describe steps now being taken or that are under consideration to staff-up overseas consular operations and increase the numbers of visa appointments? Specifically, are there plans to surge overseas staffing with new officers or temporary assignment or detail (TDY) personnel, as was done a few years ago with domestic passport agencies to reduce their backlogs?
While the Department did suspend operations in March 2020, Presidential Proclamation 10014 (effective April 23, 2020 –Feb 24, 2021) and the geographic proclamations (up until April 8, 2021) also played a major role in limiting our ability to process immigrant visas. The Bureau of Consular Affairs (CA) is under enormous financial pressure as a result of an almost 50 percent drop in revenue due to the COVID-19 pandemic.We decreased staffing at some posts based upon demand, though those changes are not irreversible. We constantly monitor staffing and demand and redistribute resources as necessary. We examine all options available as we balance resource constraints and workload. The provision of services to U.S. citizens remains our top priority, but we are directing many resources to address the IV backlog. We are employing a number of innovative solutions to assist IV processing posts, including having other missions provide remote help on everything from correspondence to document review. We are utilizing TDY staffing as resources and conditions allow. Local country conditions can affect our ability to send TDY personnel to process these cases as the safety and welfare of our staff is paramount.
12.Since consular operations are fee-based, is DOS considering an increase in certain consular fees as part of a strategy to properly staff and tackle the backlog?
Possibly, if additional resources are being requested through the formulation process, as those requirements are part of the update on unit costs. Recommendations to adjust fees are made after reviewing annual updates of the cost of service model. It is then that the Comptroller’s office initiates discussions with CA leadership for decisions on fee recommendations for consular services based on full cost recovery to adequately and appropriately fund the Consular and Border Security Program. Once additional resources or in this case, staff, are in place or have been formally requested in the formulation process, the Comptroller’s office would capture them in the annual review to ensure that those additional resources are accounted for and then make the appropriate fee recommendations.


State/CA Asst Secretary Carl Risch to Give Up Control of 50 Attorneys to the Legal Adviser?

Posted: 1:56 am EST


We understand that Assistant Secretary for Consular Affairs (CA) Carl Risch is reportedly “electing to give up control of 50 attorneys under his leadership” in the Consular Affairs bureau.

Give them up? CA has 50 attorneys? He is reportedly moving them to the Office of the Legal Adviser (L). 

“Guy has no idea how many of his requests will now go unanswered because legal adviser will be arbiter of what policies deserve attention. Major implications for immigration law at State.”

We’re not sure if this move covers just the Office of Legislation, Regulations and Advisory Assistance (CA/VO/L) or also includes the Office of Legal Affairs (CA/OCS/L).  If he gives them up, does CA stops funding them, so then he gets to write this move on his “savings” column? Or if he gives them up, does CA still pays for them but won’t be responsible for them? What does that give Consular Affairs? How does that impact Consular Affairs, and consular posts overseas who may need legal guidance/advisories? 

We’ve asked CA about this a week ago — about Mr. Risch’s justification for this move, and how this will this impact immigration law at State.  It looks like we have a hot/cold relationship with the CA dahrlings, sometimes they respond quickly, and sometimes they give us this glaring silent treatment for just asking questions.