United States: Possible Visa Delays and Denials for Scientists and Engineers

The Technology Alert List (TAL) was created by the federal government during the Cold War to help maintain technological superiority over the Warsaw Pact and was targeted at individuals from the Soviet Union and other communist countries. Revised in 1996 to broaden its focus and better reflect national security objectives, the TAL consists of two parts: 1) a Critical Fields List (CFL) that identifies major fields of technology transfer concern including those subject to export controls for non-proliferation reasons, and 2) the Department of State’s List of Designated State Sponsors of Terrorism.

Any person seeking a visa to enter the U.S. to work in an area on the CFL may be subject to special scrutiny. The List of Designated State Sponsors of Terrorism subjects nationals from certain countries (currently Cuba,

Iran, Iraq, Libya, North Korea, Sudan, and Syria) to special scrutiny and a mandatory "Visa Mantis" check. Foreign nationals from Non-proliferation Export Control Countries (currently China, India, Israel, Pakistan, and Russia) also are subject to special scrutiny and a mandatory Visa Mantis check. A Visa Mantis check involves a request by a U.S. Consular Officer to the Department of State seeking advisory assistance for the specific case and may cause delays in visa issuance of up to seven months.

The terrorist attacks in the U.S. on September 11, 2001, and other recent world events such as the expanding Middle East crises, have caused U.S. Consular Officers abroad to be more focused on the TAL in their review of visa applications and visa issuance decisions. Now, scientists and engineers that want to come to the United States to engage in an activity identified on the CFL are more frequently encountering lengthy delays at U.S. Consulates, and are even being denied visas in some cases.

The complete CFL can be found at http://travel.state.gov/state147566.html, and included on the CFL are the following three technology categories:

• Chemical, Biotechnology, and, Biomedical Engineering Technology including biochemistry, microbiology, and chemical engineering;

• Advanced Computer/Microelectronic Technology including supercomputing, advanced optoelectronics, and superconducting electron devices; and

• Sensors and Sensor Technology including optical sensors, image intensification devices, and high speed photographic equipment.

These three categories are on the CFL because they are considered inherently "dual-use," in that they can have both civilian and military applications.

Despite the new and aggressive enforcement of the TAL, companies should not be discouraged from recruiting scientists and engineers from abroad to engage in activities involving any of the CFL technologies. Companies should, however, plan ahead and obtain appropriate advice as early as possible. To minimize chances of visa issuance delays and possible denials based on the TAL, it is imperative to provide the U.S. Consular Officer with as much information as possible to aid him in making a favorable visa issuance decision. In addition to the standard visa application documents, detailed information from both the visa applicant and the U.S. employer on the exact nature of the visa applicant’s proposed activities should be included. The information must convince the Consular Officer that the proposed activities either involve information in the public domain and/or have exclusively civilian applications.

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