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Snapshot: Classes of Nonimmigrants Issued Visas, FY2010-2014

Posted: 1:53 am EDT

 

via travel.state.gov

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Nonimmigrant visa application processing fees are tiered based on the visa category and are non-refundable whether the application is approved or refused. Note that the fee is for a “processing fee” and not an issuance fee (subject to reciprocity). Nonimmigrant visa applicants from certain countries/areas of authority may be required to pay a visa issuance fee after their application is approved. These fees are based on the principle of  reciprocity:  when a foreign government imposes fees on U.S. citizens for certain types of visas, the United States will impose a reciprocal fee on citizens of that country/area of authority for similar types of visas.

The visa processing fees range from “No Fee” for applicants for A, G, C-2, C-3, NATO, and diplomatic visas, to non-petition-based nonimmigrant visa (except E) at $160.00 and petition based visa categories at $190.00.

E  visas or Treaty Trader/Investor, Australian Professional Specialty category visa is currently $205.00

K visas for Fiancé(e) or Spouse of U.S. citizen category visa is $265.00

It looks like the most expensive is the L visa fraud prevention and detection fee – for visa applicant included in L blanket petition   where the principal applicant is charged $500.00.

In any case, if we just calculate the consular revenue from 6,276,997 visitor visa applicants in FY2014 at $160 per applicant, that’s $1,004,319,520 or real serious money.

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Snapshot: Top Fiancé(e) Visa Issuance Posts (By Country) — FY2014

Posted: 2:01 am EDT

 

We put together a list of top K visa issuance posts by country, and region extracted from the travel.state.gov data page.  Applicants in Asia includes visa applicants from Oceania and what would typically be Near East Asia, East Asia Pacific and South Central Asia.  Applicants that we would typically put under WHA are broken down into North and South America. It would be an improvement to Consular Affair’s annual statistics if they can break down issuances/refusals based on the State Department’s geographic bureaus. Right now, the visa numbers are broken down by region that do not remotely correspond to any of the department’s geographic division.

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Notes:  K-1, K-2: Immigration laws passed by Congress allow an alien fiance(e) of a U.S. citizen and his/her minor child under 21 years old (and unmarried) to be admitted to the United States for 90 days so that a marriage ceremony can take place in the United States. More here.

K-3, K-4: Immigration laws passed by Congress allow the alien spouse of a U.S. citizen and his or her minor children to be admitted to the United States as nonimmigrants while they are awaiting the adjudication of a Form I-130 Petition for Alien Relative. More here.

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Top Five/Bottom Five For Performance Awards in FY2014

Posted: 2:48 am EDT

 

Via GovExec:

The number of career senior executives receiving a bonus based on their job performance increased by 12.2 percentage points between fiscal years 2013 and 2014 across government, and the average amount of individual performance awards increased $347 during that time.
[…]
Here are the top five most generous agencies when it came to individual performance awards in fiscal 2014. We’ve defined “most generous” as those agencies that provided bonuses that were more than the average individual award of $10,560 governmentwide. Again, these are averages; some senior executives might have received more money, and others less than the amount listed in parentheses.

  1. National Science Foundation ($15,333)
  2. Justice ($14,600)
  3. Small Business Administration ($13,894)
  4. Education ($12,800)
  5. Commerce ($12,177)

The agencies that doled out the smallest individual SES performance (less than $10,560) awards in fiscal 2014 were:

  1. State Department ($8,434)
  2. General Services Administration ($8,509)
  3. Nuclear Regulatory Commission ($9,013)
  4. Transportation Department ($9,063)
  5. Veterans Affairs Department ($9,450)

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Snapshot: State Dept FY2014 FOIA Personnel and Costs

Posted: 9:46 am EST

 

Via FY 2014 FOIA Annual Report:

During this fiscal year the Department experienced a 60 percent increase in FOIA lawsuits over fiscal year 2013. The majority of new lawsuits involved voluminous sensitive records that required careful coordination with other federal agencies. To meet the demands of this upswing in FOIA lawsuits, the Department reallocated resources from FOIA processing to FOIA litigation, which directly impacted efforts to manage and reduce the backlog of pending FOIA requests that are not in litigation.

Despite all efforts, including employing best practices established during the successful backlog reduction project in fiscal year 2013 as well as processing over 88 percent of the thousands of referrals that were pending from last fiscal year and received by the Department this fiscal year, the FOIA request backlog rose by 15.8 percent this fiscal year. However, the Department achieved a significant reduction in the FOIA appeal backlog lowering the backlog by 13.7 percent. The Department also closed its ten oldest requests and consultations. These accomplishments are especially noteworthy in light of the fact that the Department reallocated FOIA processing resources to address large, complex FOIA litigation cases and to provide assistance to the Department on significant special document productions throughout the fiscal year.

Note that the number of FOIA requests and administrative appeals backlogs at the end of FY2014 (September 30,2014) is 10,045 or 1,376 cases more than FY2013. Processing of simple FOIA cases can take anywhere between 3 days to 1,576 days or 4.3 years. Processing complex cases can take anywhere between 11 days to 2,237 days or 6.1 years. The average number of days for processing expedited FOIA cases is 385.6 days. (see pdf)

In the table below, the “Equivalent Full-Time FOIA Employees” include When Actually Employed (WAE) former Foreign Service Officers who perform document review and students who work part-time throughout the year to process FOIA requests. Note that the breakdown of personnel does not identify exactly how many WAE and how many students are working FOIA cases, only that they are equivalent to “full-time employees.”  WAE employees have no regularly scheduled tour of duty and the hours worked cannot exceed 1,040 in a calendar year. As for the students, we don’t know how many students rotate through the FOIA office requiring training every year.   Also useful to know that each bureau has its own WAE application and appointment procedures and the ability to hire is limited by the bureau’s budgets.

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According to the annual report, the processing costs below include “a percentage of the costs incurred by IT staff who were employed to support the FOIA program as one of their major duties”  The IT staffing numbers are not reflected in personnel data column so we also have no idea how many IT staff supports the FOIA office.

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In related news:

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Post Evacuations FY2013, FY2014, Plus Consular Emergencies Funding Request for FY2016

 

The Crisis Management Training office out of FSI has a running tally of posts evacuated in the last two decades but it’s not available to the public. The 2016 budget justification for USAID and the State Department does include a list of posts that went on evac status in FY2013 and FY2014. I think I’ve covered all the post evacution on this list except for the one in Los Cabos, Mexico (how did I miss that?)

Also note that in June 2014, Embassy Baghdad personnel were “temporarily relocated” both to the  Consulate Generals in Basra and Erbil and to the Iraq Support Unit in Amman, Jordan but that personnel movement does not appear to be considered an “evacuation.” Might that be because Iraq constitute a different/separate congressional funding request?

Fiscal Year 2013 Evacuations (October 2012-September 2013)

  1. Adana, Turkey
  2. Algiers, Algeria
  3. Bamako, Mali
  4. Bangui, Central African Republic
  5. Beirut, Lebanon
  6. Cairo, Egypt
  7. Lahore, Pakistan
  8. Niamey, Niger
  9. Sanaa, Yemen
  10. Tripoli, Libya

Fiscal Year 2014 Evacuations (October 2013-September 2014)

  1. Juba, South Sudan
  2. Kyiv, Ukraine
  3. Tripoli, Libya
  4. Monrovia, Liberia
  5. Freetown, Sierra Leone
  6. Maseru, Lesotho
  7. Sanaa, Yemen
  8. Los Cabos, Mexico

Extracted from the 2016 budget request for USAID and the State Department:

EDCS funding is heavily influenced by unpredictable evacuations that may occur as a result of natural disasters, epidemics, terrorist acts, and civil unrest. Recent demands include Sierra time Leone’s Ebola-related emergency evacuation and the evacuation of the embassy in Ukraine due to the ongoing conflict.

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EDCS also funds certain activities relating to the conduct of foreign affairs by senior Administration officials. These activities generally take place in connection with the U.S. hosting of U.S. Government-sponsored conferences, such as the UN and OAS General Assemblies, the G-20 Summit, the Nuclear Security Summit, the U.S.-China Strategic and Economic Dialogue, the Asian-Pacific Economic (APEC) Summit, and the NATO Summit. In FY 2014, the U.S. hosted the U.S. – Africa Leaders’ Summit. In FY 2015, the U.S. will begin the two-year Chairmanship of the Arctic Council. In FY 2016, the Department will host the Nuclear Security Summit.

Other EDCS activities include presidential, vice presidential, and congressional delegation travel overseas; official visits and official gifts for foreign dignitaries; representation requirements of senior Department officials; rewards for information on international terrorism, narcotics trafficking, transnational organized crime, and war crimes; as well as the expansion of publicity efforts.

 

US Embassy London: Don’t Worry, Be Happy — New Digs Not Funded By Appropriated Funds

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— Domani 
Spero

The U.S. Ambassador to London Matthew Barzun used his new Tumblr to dispel possible misconceptions concerning the construction of the U.S. Embassy in London following reports of funding prohibitions under the FY2014 Omnibus:

I noticed a few news outlets this week reporting that funding for the construction of our new Embassy building may be removed. As this might cause concern among those excited and invested in the redevelopment of Nine Elms, I wanted to put minds at rest.

The new building project is being funded entirely by the proceeds of the sale of other U.S. Government properties in London, not through appropriated funds. This has always been the plan. The proposed Omnibus Spending Bill does not provide any new, additional, restrictions to that plan.

So, construction continues and each month we get closer to the opening day. In the meantime, every six months, the State Department will report to Congress on progress. Our shared future, in a new part of this great city, continues.

The above item is posted here: http://matthewbarzun.tumblr.com.

Photo via US Embassy London/Flickr

Photo via US Embassy London/Flickr

We should note that the State Department signed a conditional agreement with the real estate developer Ballymore to acquire a site in the Nine Elms Opportunity Area in Wandsworth for the construction of a new embassy back in oh, October 2008. That initial agreement was conditioned on the approval of the United States Congress and local planning authorities. In November 2009, the Department entered into an agreement to sell the Chancery in London, located in Grosvenor Square.  The sale is to Qatari Diar Real Estate Investment Company headquartered in Doha, Qatar.  Then Ambassador Robert Tuttle, President George W. Bush appointee from 2005-2009, led the search for a new site. The 2009 sale agreement with the Qatari company was signed by President Obama’s first appointee to London, Ambassador Louis B. Susman. In November 2013, President Obama’s second appointee to London, Ambassador Barzun presided the groundbreaking ceremony of the new U.S. Embassy in the Nine Elms neighborhood in London.

While the sale of the U.S. Embassy property in Grosvenor Square was widely reported, the selling price was not widely known.  The London Evening Standard in 2009 reported that the embassy building was sold to Qatari Diar — the property development arm of the Qatari royal family — for an estimated £500 million (The report also noted that the 225,000 sq ft building could be worth as much as £1 billion when developed).  According to news report quoting Adam Namm, then acting director of the Bureau of Overseas Buildings Operations (now current ambassador to Ecuador), the new embassy in London estimated to cost $1-billion would be “in the ballpark of the most expensive embassies we have built.”

The FY2014 Omnibus was signed into law by President Obama on January 17, 2014. The only reference to the U.S. Embassy in London that we could locate is under Sec. 7004 under Diplomatic Facilities (p.1148):

(e)(1) The limitation and reporting requirement regarding the New London Embassy contained in section 7004(f) of division I of Public Law 112–74 shall remain in effect during fiscal year 2014.

We dug up PL 112-74 to take a look. Here’s what it says:

(f)(1) None of the funds appropriated under the heading ‘‘Embassy Security, Construction, and Maintenance’’ in this Act and in prior Acts making appropriations for the Department of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design or construction of the New London Embassy.

(2) Within 60 days of enactment of this Act and every 6 months thereafter until completion of the New London Embassy, the Secretary of State shall submit to the Committees on Appropriations a report on the project: Provided, That such report shall include revenue and cost projections, cost containment efforts, project schedule and actual project status, the impact of currency exchange rate fluctuations on project revenue and costs, and options for modifying the scope of the project in the event that proceeds of real property sales in London fall below the total cost of the project.

So no appropriated funds and the funding prohibition in the proposed omnibus does not appear to be in the final version signed by the president. The reporting requirement remains the same at 60 days and every six months thereafter until the embassy is completed in 2017.

Now — if the cost of building a new one in London is about $1 billion and Congress did not and will not make any appropriation for its construction, then that sale price must have cost more than the estimated £500 million. Just an aside — the US Embassy in Iraq, the most expensive embassy we have built to completion todate was started in 2005 and was completed in 2008 at a total cost of $592 million. VOA reported cost of more than $600million, USAToday reported total cost of $700million and in June 2012, WaPo’s Walter Pincus reported cost at $700 million plus $115 million to upgrade.

In any case, two things can happen here: 1) total sale price covers all construction cost and new embassy debuts in 2017; 2) total sale price covers all construction cost of the new embassy but not potential technical/design adjustments or potential cost overruns. If #2 happens, Congress will, at least, have a 6-month notice. If Congress decides to pay expenses in excess of funds from sale, it has two more fy appropriation cycle to make funds available.  Or not. If that happens, the State Department will have to look for other sources of funding. It sits on an annual visa collection fees of over $3 billion, by the way, but that will need congressional approval. Also  Winfield House is on 12 acres of grounds in Regent’s Park, so there’s that.  The mansion reportedly only cost US taxpayers $1.00 when the USG bought it from American heiress Barbara Hutton after World War II. Of course, the mansion which serves as the ambassador’s residence is in the Secretary of State’s Register of Culturally Significant Property, so there’s that, too. Lots of ifs but that’s all potentially in the future, which should be far and away and uncomplicated unless you’re Doctor Who.

No, as far as we know … no, they’re not planning to auction you to pay for the new embassy.  But the groundbreaking just occurred a couple of months ago, so there’s a long ways to go.

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FY2014 Omnibus – State and Foreign Operations Appropriations: $49 Billion

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— Domani Spero

On January 13, House Appropriations Committee Chairman Hal Rogers, Senate Appropriations Committee Chairwoman Barbara Mikulski, House Appropriations Ranking Member Nita Lowey, and Senate Appropriations Ranking Member Richard Shelby announced the release of the fiscal year 2014 consolidated appropriations bill.  The bill provides $1.012 trillion for the operation of the federal government and avoids a government shutdown. The Omnibus contains all 12 regular appropriations bills for fiscal year 2014, with no area of the government functioning under a Continuing Resolution.  Below is a quick summary of the FY 2014 Omnibus – State and Foreign Operations Appropriations:

The State and Foreign Operations portion of the fiscal year 2014 Omnibus contains funding to support American interests, diplomatic operations, and humanitarian assistance abroad. In total, the legislation provides $49 billion in discretionary funding – $4.3 billion less than the fiscal year 2013 enacted level.

Within the total, the bill provides full funding for embassy security – plus additional funds for upgrades of temporary missions, such as Benghazi – to prevent and protect against future terrorist attacks, unrest, and other acts of violence.

The bill also provides funding to support security and stability in the Middle East – including for our key allies such as Israel and Jordan and the frontline states of Iraq, Afghanistan, and Pakistan. For Afghanistan, the bill provides the resources needed for diplomats and development experts to operate safely, but scales back assistance programs to a more sustainable level as U.S. armed forces drawdown during 2014. In addition, contingency funding is included for other areas of conflict and emerging crises, such as Syria and Africa.

In addition, the bill prioritizes global health, humanitarian, and democracy promotion programs – while reducing funding in other lower-priority areas – to advance American interests around the globe and to fulfill the nation’s moral obligation to those in dire need.

State Department Operations and Related Agencies – The bill contains a total of $15.7 billion in base and contingency funding for operational costs of the State Department and related agencies – a decrease of $2.4 billion below the fiscal year 2013 enacted level and $1 billion less than the request. Within this total, the legislation provides $5.4 billion – $25 million above the amount requested – for embassy security costs relating to the protection of personnel and facilities.

United States Agency for International Development (USAID) Operations – The bill contains $1.3 billion for USAID operations, a reduction of $215 million from the fiscal year 2013 enacted level. Within this total, $91 million is provided for contingency funding for USAID operations in Iraq, Afghanistan, and Pakistan, and for the USAID Inspector General to conduct appropriate and rigorous oversight of U.S. taxpayer dollars in those countries.

Funding Prohibitions – The bill seeks to promote good government and rein in unnecessary spending by prohibiting or eliminating funding for a variety of projects and activities. Some include:

    • A prohibition on funding for the renovation of UN Headquarters in New York;
    • A prohibition on appropriations for a new London embassy;
    • Providing no funding or authorities for debt relief for foreign countries;
    • A prohibition on funding to move the Vatican embassy unless certain conditions are met to maintain its importance and authority;
    • A prohibition on aid to Libya until the Secretary of State confirms Libyan cooperation in the Benghazi investigation;
    • A prohibition on funding to implement the UN Arms Trade Treaty; and
    • Providing no funding for assessed and voluntary contributions for the UN Educational, Scientific, and Cultural Organization (UNESCO).
Groundbreaking Ceremony, U.S. Embassy London November 2013 (Photo via US Embassy London/Flickr)

Groundbreaking Ceremony, U.S. Embassy London
November 2013
(Photo via US Embassy London/Flickr)

International Security Assistance – The bill provides a total of $8.5 billion in base and contingency funding for international security assistance. This includes funds for international narcotics control, anti-terrorism programs, nonproliferation programs, peacekeeping operations, and other critical international security and stabilization efforts. It also provides funds to support ongoing counter-narcotics and law enforcement efforts in Mexico, Colombia, and Central America.

Israel: In addition, the legislation provides security assistance to key allies, including fully funding the $3.1 billion commitment to the United States-Israel Memorandum of Understanding.

Egypt: Allows requested funds to be provided to Egypt if certain conditions are met – including maintaining the strategic relationship with the United States, upholding the peace treaty with Israel, and meeting milestones Egyptians have set for their political transition.

Palestinian Authority: The legislation stops economic assistance to the Palestinian Authority if the Palestinians obtain membership to the United Nations or UN agencies without an agreement with Israel. In addition, the bill puts new restrictions on aid if the Palestinians pursue actions against Israel at the International Criminal Court. New language is included to ensure that the Palestinian Authority is taking action to counter incitement of violence.

Afghanistan:  Withholds funds for the Government of Afghanistan until certain conditions are met, including having a signed Bilateral Security Agreement and safeguards being in place to ensure that U.S. assistance is not taxed. It also withholds a portion of funds until proper security is in place for implementers of USAID and State Department programs. In addition, the legislation strengthens requirements on the rights of Afghan women and girls and combatting corruption.

According to WaPo, the measure includes $85.2 billion for military operations in Afghanistan, a $2 billion cut from fiscal 2013 due in part to ongoing troop reductions. But the agreement also withholds money for the Afghan government “until certain conditions are met,” including a decision to sign a new bilateral security agreement (via).

The bill reportedly also authorizes a 1 percent pay increase for civilian federal workers and U.S. military personnel.

Read more on State here. See the Appropriations Committee here.  WaPo has a quick look at the winners and losers of the new spending bill. here.

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Congress Extends Iraqi Special Immigrant Visa Program, Authorizes 2500 Visas After 1/1/2014

— Domani Spero

We have previously blogged about the special immigrant visa programs in Iraq and Afghanistan in this blog. (See Special Immigrant Visa (SIV) Program for Iraqi Nationals to End Sept 30, Or How to Save One Interpreter At a TimeIraqi Special Immigrant Visa Program: Potential Termination on September 30, 2013Iraqi Special Immigrant Visa (SIV) Program To End on December 31, 2013). On December 26, 2013, President Obama signed the National Defense Authorization Act (NDAA) for FY 2014.  The NDAA authorizes the issuance of 2,500 special immigrant visas after January 1, 2014 to qualified Iraqi applicants.  The new authorization does not have an end date and will conclude when 2500 visa numbers have been exhausted.

Below is the announcement from US Embassy Iraq:

The Iraqi Special Immigrant Visa (SIV) program benefiting individuals who have been employed by, or on behalf of, the U.S. government has been extended through passage of the National Defense Authorization Act (NDAA) for FY 2014.  The NDAA authorizes the issuance of 2,500 immigrant visas after January 1, 2014 to qualified principal applicants.  The NDAA does not include a date by which these visas must be issued, so consular officers have the authority to issue visas under this program until all 2,500 numbers have been used worldwide.  The Iraqi SIV program will end after all visas have been issued.

Under this legislation, the one-year period during which principal applicants must have been employed by, or on behalf of, the U.S. government in Iraq begins on or after March 20, 2003, and ends on or before September 30, 2013.  The legislation includes a requirement that the principal applicant must apply for Chief of Mission approval no later than September 30, 2014.

Those applicants with cases pending do not need to re-file.  If your petition has been approved by U.S. Citizenship and Immigration Services (USCIS), we encourage you to provide all requested documents to the National Visa Center (NVC) immediately so that your visa interview can be scheduled promptly.

We recognize that many who have been employed or worked on behalf of the U.S. government in Iraq, and their families, face real threats as a result of their U.S. government affiliation. We take these threats, and the concerns of those who work with us, very seriously and we are committed to providing them with the benefits for which they are legally eligible.

The U.S. Refugee Admissions Program (USRAP) for U.S. affiliated Iraqis remains an option, as the eligibility criteria are very similar to those of the SIV program.  For more information on USRAP, please visit http://iraq.usembassy.gov/refugeesidpaffairs.html.

Read more here: http://iraq.usembassy.gov/siv-special.html

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Snapshot: Top 10 Recipients of US Foreign Assistance in FY2012 Actual and FY2014 Request

Extracted from the CRS: The FY2014 State and Foreign Operations Budget Request, April 18, 2013 via Secrecy News:

The list is dominated by strategic allies in the Middle East and Southeast Asia, as well as top global health program recipients in Africa. Israel would continue to be the top U.S. aid recipient, at $3.1 billion, a $25 million increase over FY2012 funding. Afghanistan would again rank second among recipients, though with a slightly smaller allocation compared to FY2012. Iraq would drop out of the top five, with elimination of the Police Development Program driving a 55% funding cut, while Nigeria would move up to number five with a proposed allocation of $693 million, or 7% more than actual FY2012 funding. Together, the top 10 recipients would account for about 37% of total bilateral economic and security assistance funds in the FY2014 budget proposal.

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–DS