17 April 2003
U.S. Committed to Achieving Both "Secure Borders" and "Open Doors"
(Assistant secretary for consular affairs comments on U.S. visa regulations) (2250) "Secure borders" and "open doors" -- two goals of U.S. visa policy -- are not mutually exclusive, according to Maura Harty, Assistant Secretary for Consular Affairs at the U.S. Department of State. Speaking April 16 at a forum on "Sustaining Exchanges While Securing Borders" in Washington, Harty said the United States values visitors from overseas, and she outlined government efforts taken to achieve both security and openness. "We are an open society. We welcome the diversity and richness of experience that attends international exchange. We must not, as Secretary [of State Colin Powell] Powell has said so eloquently, become a gated America," Harty told an audience of international educators gathered at George Washington University. Discussing changes in U.S. visa policy since September 11, 2001, the assistant secretary said the United States now requires more information from all applicants and places more emphasis on the visa interview. In addition, if security concerns are indicated when a name is run through a database, an interagency review in Washington may be required. While fewer than 2.5 percent of visa applicants worldwide are referred for additional background checks through interagency review, Harty said that "glitches in interagency communications" have resulted in significant delays for those applicants, particularly toward the end of 2002. But she said the government has "made great strides forward" toward solving these problems and at present 80 percent of these cases are cleared within two weeks of application. "We are making continued improvements in the efficiency of this process, without sacrificing anything in thoroughness," added Harty. The assistant secretary explained that most visa denials are based not on security concerns but on the statutory requirement that applicants for non-immigrant visas be presumed ineligible until they establish to the satisfaction of a consular officer their "entitlement to a legal nonimmigrant status." "Most applicants who fail this test do so either because their economic and family situation makes them seem likely to overstay their visas or because their stated reasons for visiting the United States do not seem credible," she said. In response to rumors that the United States is denying all visas or large numbers of applicants indiscriminately, Harty said, "the reality is that the laws relevant to visa eligibility have changed only slightly since September 11." "While procedures have been tightened substantially, we have made every effort to minimize inconvenience to the applicant," added Harty, who said the United States continues to welcome legitimate visa applicants and issue millions of visas. "We want to facilitate legitimate travel just as we want to identify those who might want to do this country harm," she said. She encouraged potential visitors to visit a new Web site, www.unitedstatesvisas.gov, designed as a single point of access to information about U.S. visa policy and procedures. Following is the text of Harty's remarks as prepared for delivery: (begin text) Remarks by Maura Harty Assistant Secretary of State for Consular Affairs Open forum on "Sustaining Exchanges While Securing Borders" The George Washington University Washington, D.C. April 16, 2003 I'm happy to be here today and to have this opportunity to share with you some comments on visa regulations and educational exchange. America's educational institutions are a national treasure and one of the main attractions for foreign visitors, who continue to view the United States as the premier place to study. I believe that international educational and cultural exchange is one of our most potent means of influencing world opinion and developing lasting and meaningful relationships. Such exchanges add strength to this nation in the realm of ideas and, frankly speaking, add to our national bottom line. Department of Commerce data places U.S. Higher education as the country's fifth largest service sector export. International students contribute some $12 billion annually to this nation's economy in the form of tuition, living expenses and related costs. Nearly 75% of student funding comes from personal and family sources outside the United States. The national interest in encouraging this exchange is obvious. I think however that it is important for you to hear me repeat what Secretary Powell has said many times since the terrible attacks of September 11, 2001. Consular officers serve in the front line of this nation's defense as they interview visa applicants around the world. They do their job with security in mind first. But they are also mindful of the great strengths of this country which must be nurtured and preserved. We are an open society. We welcome the diversity and richness of experience that attends international exchange. We must not, as Secretary Powell has said so eloquently, become a gated America. Our policy toward the visa function is best summarized in the phrase, "secure borders, open doors." Let me talk first about secure borders. The events of September 11 made clear to the public something that consular officers have long keenly felt: the moment of visa adjudication is the first and best opportunity we have to keep dangerous people out of the United States. Since September 11, we have redoubled our efforts to use that opportunity to best effect. Security review procedures in place before September 11, 2001, are still in effect, with some additional procedures now also in place. We are requiring more information from all visa applicants, and scrutinizing every application more closely. We are placing more emphasis on the visa interview, as an opportunity to assess the applicant's credibility face to face. We have established additional screening requirements in many cases, whereby the consular officer must refer certain categories of applications for an interagency review in Washington. Working closely with other U.S. Government agencies, we have vastly expanded the visa lookout database, against which every applicant is checked before visa issuance. We have also taken steps toward implementing a statutory mandate to incorporate biometric identifiers in U.S. Visas. I should point out that most visa denials are based not on security concerns, but rather on the statutory requirement that each applicant for a non-immigrant visa must be presumed ineligible until he or she establishes to the satisfaction of a consular officer his or her entitlement to a legal nonimmigrant status. Most applicants who fail this test do so either because their economic and family situation makes them seem likely to overstay their visas, or because their stated reasons for visiting the U.S. do not seem credible. To sum up our "secure borders" policy, our goal is to make sure that the visa issuance process is as secure as possible and supports our overall security and counter-terrorism efforts, taking into account all intelligence and law enforcement information available to the U.S. Government, so that -- with the addition of the immigration check and review at the border, and taking advantage of the enhanced capabilities of the new Department of Homeland Security -- it will form a coordinated and interlocking network of border security in which the American people and our many foreign visitors can have confidence. The other aspect of our approach to visa work is, I suspect, also of great interest to this group. Open doors. We in the Department of State, who study foreign languages and live and work abroad for extended periods, are acutely aware of the importance to our country of international exchange. We deal with foreigners every day, and we know from experience that the vast majority of visa applicants harbor no ill intent. On the contrary, they seek to come for family reasons, tourism, business, studies, and cultural exchange. They generally support and admire the United States, and they tend to return to their home countries with a favorable impression, spreading their views to others. Visa demand was strong throughout the last decade, rising from 7 million in 1993 to 9.5 million in 2000. Since 9/11 that trend has gone into reverse; demand fell off immediately after September 11, and although visa applications are up in some countries, overall demand has declined dramatically. For planning purposes we project 6 million applications for the current fiscal year. What are the reasons for this decline? Travelers are concerned about the risk of terrorist attacks on airplanes or airports. Some may be put off by greater security measures at airports. Some may fear that foreigners are less welcome in the U.S. today than at other times in our history. Some decide not to travel because of the global economic downturn. Some may stay away because of antipathy toward a particular U.S. Foreign policy. With these possible reasons, and I am sure many others, it is impossible for us to tell to what extent people are deterred from coming to the U.S. by concerns about the perceived difficulty of the visa process. Many applicants have heard stories about long delays in visa approval. It is true that, during the latter part of 2002, we experienced real glitches in interagency communications, resulting in significant delays for those travelers whose visas required referral to Washington. While we have not entirely solved these problems, we have made major strides forward. At this point, more than 80 percent of such cases are cleared within two weeks of application, and we are making continued improvements in the efficiency of this process, without sacrificing anything in thoroughness. One area in which we are still experiencing longer delays involves vetting of applicants whose travel raises concerns of possible harmful transfer of high technology. Of course, we recognize that this part of the process will often affect scholars and exchange students. Let me assure you that we are working closely with other federal agencies, such as the departments of Homeland Security and Justice, to implement a process for tracking the status of foreign students that is minimally disruptive and less time-consuming. I know that you are concerned with the impact that the implementation of the Department of Homeland Security's SEVIS (Student and Exchange Visitor Information System) database has had on our ability to issue visas to students, exchange visitors and their dependents in a timely manner. First, let me give you the good news; at this time, well over 400,000 SEVIS records have been posted to our consular consolidated database. This data is made available to consular officers around the world for adjudication, record keeping and reporting. We have issued tens of thousands of student and exchange visitor visas since the full implementation of SEVIS on February 15. And while we, too, know that some SEVIS records are still not being made available to our embassies and consulates, due to technical glitches, I can tell you that state and DHS data technicians cooperate daily to locate, correct, if necessary, and forward these SEVIS files to our consular consolidated database. This is a small number of cases, and they are receiving a great deal of attention. Many unsubstantiated rumors have circulated, indicating that we are denying all visas, or large groups of applicants, indiscriminately. The reality is that the laws relevant to visa eligibility have changed only slightly since September 11. While procedures have been tightened substantially, we have made every effort to minimize inconvenience to the applicant. Yes, there are new name check procedures in some cases. To put the issue of special clearances into perspective though, it is important for you to know that fewer than 2.5% of visa applicants worldwide are subject to additional background and security checks. The other 97.5%, if otherwise eligible and approved for issuance, generally receive their visas in one or two days. The most important thing we can do to dispel unwarranted concerns about the visa process is to provide information and predictability. We want the public to know that we continue to welcome legitimate visa applicants, and we continue to issue millions of visas. We want to facilitate legitimate travel just as we want to identify those who might want to do this country harm. The state department has established a web site, www.UnitedStatesVisas.gov, to provide public information about visa policy and procedures. I would encourage you and your foreign interlocutors to check this site, as well as our main site, www.travel.state.gov. You in the academic community occupy key positions in promoting the public image of the United States abroad. I have no doubt that you understand the reasons for our primary emphasis in the visa process on "secure borders," and I hope that you also are clear that we remain strongly committed to the "open doors" aspect of visa work. We want the world to know that we value our visitors and that we want them to come to the United States to enjoy the richness our country has to offer in so many areas. We want them and our own citizens to be safe while they are here. Toward that end we are taking extra precautions, but America remains an open and welcoming country. I do not believe that we need to choose between secure borders and open doors. Together with our partners and colleagues in other agencies of government, we at the Department of State are committed to achieving both goals. We hope that the very valuable asset of international exchange continues to thrive -- in a nation that is both open and secure for its citizens as well as those who would join us here. Thank you. (end text) (Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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