Border Security
Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science Students and Scholars, but Further Refinements Needed Gao ID: GAO-05-198 February 18, 2005In February 2004, GAO reported that improvements were needed in the time taken to adjudicate visas for science students and scholars. Specifically, a primary tool used to screen these applicants for visas (the Visas Mantis program) was operating inefficiently. We found that it took an average of 67 days to process Mantis checks, and many cases were pending for 60 days or more. GAO also found that the way in which information was shared among agencies prevented cases from being resolved expeditiously. Finally, consular officers lacked sufficient program guidance. This report discusses the time to process Mantis checks and assesses actions taken and timeframes for improving the Mantis program.
Mantis processing times have declined significantly. In November 2004, the average time to process a Mantis check was about 15 days, far lower than the average of 67 days we reported previously. The number of Mantis cases pending more than 60 days has also dropped significantly. Although an action plan that the State Department (State) drafted was not fully implemented, State and other agencies took several actions in response to our recommendations to improve Visas Mantis and to facilitate travel by foreign students and scholars. These actions included (1) adding staff to process Mantis cases, (2) providing additional guidance to consular officers, (3) developing an electronic tracking system, (4) clarifying roles and responsibilities of agencies involved in the Mantis program, (5) reiterating State's policy of giving students and scholars priority interviews, and (6) extending the validity of Mantis clearances. Nonetheless, some issues remain unresolved. Consular officers at posts we visited continue to need guidance on the Mantis program, particularly through direct interaction with State officials knowledgeable about the program. Several agencies that receive Mantis cases are not fully connected to State's electronic tracking system. This can lead to unnecessary delays in the process. Finally, students and scholars from China are limited to 6-month, two-entry visas. The Chinese government has rejected a proposal by the United States to extend visa validities, on a reciprocal basis, for students and scholars.
RecommendationsOur recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director: Team: Phone:GAO-05-198, Border Security: Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science Students and Scholars, but Further Refinements Needed
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Report to Congressional Requesters:
February 2005:
BORDER SECURITY:
Streamlined Visas Mantis Program Has Lowered Burden on Foreign Science
Students and Scholars, but Further Refinements Needed:
GAO-05-198:
GAO Highlights:
Highlights of GAO-05-198, a report to congressional requesters:
Why GAO Did This Study:
In February 2004, GAO reported that improvements were needed in the
time taken to adjudicate visas for science students and scholars.
Specifically, a primary tool used to screen these applicants for visas
(the Visas Mantis program) was operating inefficiently.We found that it
took an average of 67 days to process Mantis checks, and many cases
were pending for 60 days or more. GAO also found that the way in which
information was shared among agencies prevented cases from being
resolved expeditiously. Finally, consular officers lacked sufficient
program guidance. This report discusses the time to process Mantis
checks and assesses actions taken and timeframes for improving the
Mantis program.
What GAO Found:
Mantis processing times have declined significantly. In November 2004,
the average time to process a Mantis check was about 15 days, far lower
than the average of 67 days we reported previously. The number of
Mantis cases pending more than 60 days has also dropped significantly.
Although an action plan that the State Department (State) drafted was
not fully implemented, State and other agencies took several actions in
response to our recommendations to improve Visas Mantis and to
facilitate travel by foreign students and scholars. These actions
included:
* adding staff to process Mantis cases;
* providing additional guidance to consular officers;
* developing an electronic tracking system;
* clarifying roles and responsibilities of agencies involved in the
Mantis process;
* reiterating State‘s policy of giving students and scholars priority
interviews; and
* extending the validity of Mantis clearances.
Nonetheless, some issues remain unresolved.Consular officers at posts
we visited continue to need guidance on the Mantis program,
particularly through direct interaction with State officials
knowledgeable about the program. Several agencies that receive Mantis
cases are not fully connected to State‘s electronic tracking system.
This can lead to unnecessary delays in the process. Finally, students
and scholars from China are limited to 6-month, two-entry visas.The
Chinese government has rejected a proposal by the United States to
extend visa validities, on a reciprocal basis, for students and
scholars.
Decline in Mantis Processing Times, October 2003 – November 2004:
[See PDF for image]
[End of figure
What GAO Recommends:
GAO recommends that the Secretary of State, in coordination with the
Secretary of Homeland Security, (1) develop a timeframe for connecting
agencies to the Mantis tracking system; and (2) provide officers at key
posts more opportunities to learn through direct interaction.
In response, the Departments of State and Homeland Security said they
are implementing our recommendations. The Department of Justice
commented on a recommendation in the draft report, which we later
retracted.
www.gao.gov/cgi-bin/getrpt?GAO-05-198.
To view the full product, including the scope and methodology, click on
the link above. For more information, contact Jess T. Ford at (202) 512-
4128 or fordj@gao.gov.
[End of section]
Contents:
Letter:
Results In Brief:
Background:
Mantis Processing Times Have Declined:
Actions Taken to Improve the Mantis Process, but Some Issues Are
Unresolved:
Conclusions:
Recommendations for Executive Action:
Agency Comments and Our Evaluation:
Appendixes:
Appendix I: Objectives, Scope, and Methodology:
Appendix II: Comments from the Department of State:
Appendix III: Comments from the Department of Homeland Security:
GAO Comment:
Appendix IV: Comments from the Department of Justice:
GAO Comment:
Appendix V: GAO Contacts and Staff Acknowledgments:
GAO Contacts:
Acknowledgments:
Tables Tables:
Table 1: Actions Taken to Improve Visas Mantis and Address Other
Obstacles Faced by Students and Scholars in Obtaining Visas:
Figures:
Figure 1: Visa Adjudication Process:
Figure 2: Average Time to Close Mantis Cases by Month:
Figure 3: Pending Mantis Cases as of November 30, 2004:
Figure 4: Comparison of Mantis Processing Timelines for Non-Student
Nonimmigrant Visa Applicants and Student Nonimmigrant Visa Applicants
in Shanghai, China, June 2004:
Abbreviations:
CCD: Consular Consolidated Database:
CLASS: Consular Lookout and Support System:
DHS: Department of Homeland Security:
FBI: Federal Bureau of Investigation:
INA: Immigration and Nationality Act:
NP: Bureau of Nonproliferation:
SAO: Security Advisory Opinion:
SAO IP: Security Advisory Opinion Improvement Project:
SEVIS: Student and Exchange Visitor Information System:
TAL: Technology Alert List:
Letter February 18, 2005:
The Honorable Sherwood Boehlert:
Chairman:
The Honorable Bart Gordon:
Ranking Minority Member:
Committee on Science:
House of Representatives:
The Honorable Curt Weldon:
House of Representatives:
Each year thousands of international science students and scholars
apply for visas[Footnote 1] to enter the United States to participate
in education and exchange programs. Foreign science students and
scholars offer our country diversity and intellectual knowledge and are
also an economic resource. At the same time, the United States has
important national security interests in carefully screening science
students and scholars who apply for visas. A primary tool that the U.S.
government uses to conduct this screening is the Visas Mantis program,
a security review procedure involving multiple U.S. government
agencies, which aims to identify those visa applicants who may pose a
threat to our national security by illegally transferring sensitive
technology. Visa applicants from China account for more than half of
all Visas Mantis security reviews.
In February 2004, we reported[Footnote 2] and testified[Footnote 3]
that there were delays in the Visas Mantis program and interoperability
problems between the State Department (State) and the Federal Bureau of
Investigation (FBI) that contributed to these delays and allowed cases
to get lost. We determined that in the spring of 2003, it took an
average of 67 days for Visas Mantis checks to be processed and for
State to notify consular posts of the results. Further, we reported
that visa officers at posts lacked clear guidance and sufficient
feedback regarding when to apply the Visas Mantis program and the
amount of information to include in Mantis requests sent to
headquarters. We recommended that the Secretary of State, in
coordination with the Secretary of Homeland Security and the Director
of the FBI, develop and implement a plan to improve the Visas Mantis
process. Specifically, we recommended that, in developing this plan,
the Secretary should consider several actions, including establishing
milestones; providing additional guidance to consular posts on the
Mantis program; and working to achieve interoperable systems and
expedite transmittal of data between agencies.
At your request, we (1) determined the length of time taken to process
a Mantis check;[Footnote 4] and (2) assessed actions taken to implement
our recommendation to improve the Mantis program and to address other
issues that may affect science students' and scholars' efforts to
obtain visas. To determine the length of time it takes to process a
Mantis check, we obtained and analyzed data from the State Department's
electronic tracking system for Mantis cases. To fulfill our second
objective, we analyzed policies and procedures put in place to improve
the Visas Mantis program and interviewed key State, Department of
Homeland Security (DHS), and FBI officials. We also observed visa
operations and interviewed officials responsible for maintaining Visas
Mantis data at three consular posts in China and the U.S. embassies in
Russia and Ukraine. We chose these five posts because they account for
almost 71 percent of all Mantis requests. Appendix I provides more
information on our scope and methodology. We conducted our evaluation
in accordance with generally accepted government auditing standards.
Results In Brief:
State Department data show that the average time to process Mantis
checks and notify posts is significantly lower than the average we
previously reported for the period April-June 2003.[Footnote 5] In
November 2004, the average Mantis processing time was about 15 days.
Consular officials at posts we visited confirmed that they were
receiving faster responses from Washington and also reported that the
number of Mantis cases pending in Washington for more than 60 days had
declined dramatically.
The Department of State and other government agencies took several
steps in response to our February 2004 report to reduce Mantis
processing times and address other issues that science students and
scholars face in traveling to the United States. In response to our
recommendation, State developed a Visas Mantis action plan, which was
submitted to DHS on May 26, 2004. Although this plan remained in draft
and was never fully implemented, State, DHS, and other agencies acted
on many of the steps called for in the plan and took other measures to
improve the Visas Mantis program. These actions included adding staff
to process Mantis cases; providing additional guidance and feedback to
consular posts; developing an electronic tracking system for Mantis
cases; clarifying the roles and responsibilities of agencies involved
in the Mantis process; reiterating State's policy of giving students
and scholars priority scheduling for interview appointments; and
extending the validity of Visas Mantis clearances. These initiatives
contributed to a decline in Mantis processing times. However, some
issues remain unresolved. Consular officers at key posts continue to
have questions about how to apply the Mantis program and identify visa
applicants who should receive Mantis checks. Our work suggests that
these officers learn best through direct interaction with State
officials knowledgeable about the program. However, State has not
developed a program for consular officers at these posts that provides
opportunities for routine direct interaction with agency officials,
through such activities as videoteleconferences and one-on-one
meetings. We also found that many agencies that receive Mantis cases
are not fully connected to State's electronic tracking system. As a
result, consular officers must send Mantis cases both electronically
and by cable, and some agencies provide their responses to State via
courier. This system can lead to unnecessary delays in the process.
Finally, State Department officials made a proposal to the Chinese
government to extend visa validities for students, on a reciprocal
basis. This proposal, if implemented, could lower consular workload and
facilitate travel by science students and scholars. However, the
Chinese government has not agreed to the proposal.
To further refine the Mantis program, we recommend that the Secretary
of State, in coordination with the Secretary of the Department of
Homeland Security,
* develop a formal timeframe for fully connecting all necessary U.S.
agencies and bureaus to the computer system used to track and process
Mantis cases; and:
* provide additional opportunities for consular officers at key posts
to interact directly with State officials responsible for the Visas
Mantis program. These opportunities could include more frequent
videoteleconferences, mandatory one-on-one meetings with State
officials knowledgeable about the program, and more visits by State
officials to consular conferences.
We provided a draft of this report to State, DHS, and DOJ. In
commenting on our report, State and DHS stated that they were taking
actions to implement our recommendations. DOJ commented on a
recommendation included in the draft, but which we chose not to include
in the final report.
Background:
Foreign science students and scholars generally begin the visa process
by scheduling a visa interview. On the day of the appointment, a
consular officer reviews the application, checks the applicant's name
in the Consular Lookout and Support System (CLASS),[Footnote 6] takes
the applicant's digital fingerprints and photograph, and interviews the
applicant. Based on the interview and a review of pertinent documents,
the consular officer determines if the applicant is eligible for
nonimmigrant status under the 1952 Immigration and Nationality Act
(INA).[Footnote 7] If the consular officer determines that the
applicant is eligible to receive a visa, the applicant is notified
right away and he or she usually receives the visa within 24 hours.
In some cases, the consular officer decides that the applicant will
need a Security Advisory Opinion (SAO), a response from Washington on
whether to issue a visa to the applicant.[Footnote 8] SAOs are required
for a number of reasons, including concerns that a visa applicant may
engage in illegal transfer of sensitive technology.[Footnote 9] An SAO
based on sensitive technology transfer concerns is known as Visas
Mantis and, according to State officials, is the most common type of
SAO applied to science applicants. It is also the most common type of
SAO sent from the posts we visited in China, as well as in Kiev,
Ukraine.[Footnote 10]
The Visas Mantis process is designed to further four important national
security objectives:
* prevent the proliferation of weapons of mass destruction and their
missile delivery systems;
* restrain the development of destabilizing conventional military
capabilities in certain regions of the world;
* prevent the transfer of arms and sensitive dual-use items to
terrorists and states that sponsor terrorism; and:
* maintain U.S. advantages in certain militarily critical technologies.
The Visas Mantis process has several steps and involves multiple U.S.
agencies (see fig. 1). In deciding if a Visas Mantis check is needed,
the consular officer determines whether the applicant's background or
proposed activity in the United States could involve exposure to
technologies on the Technology Alert List (TAL). The list, published by
the State Department in coordination with the interagency community and
based on U.S. export control laws, includes science and technology-
related fields where, if knowledge gained from research or work in
these fields were used against the United States, it could potentially
be harmful. If a Visas Mantis is needed, the consular officer generally
informs the applicant that his or her visa is being temporarily refused
under Section 221(g) of the INA, pending further administrative
processing.[Footnote 11]
Figure 1: Visa Adjudication Process:
[See PDF for image]
[End of figure]
After a consular officer decides that a Visas Mantis is necessary for
an applicant, several steps are taken to complete the process. The
officer or a Foreign Service National drafts a Visas Mantis SAO
request, which contains information from the applicant's application
package and interview. The case is then generally reviewed and approved
by a consular section chief or other consular official at post before
it is transmitted both electronically and through State's traditional
cabling system. Once the request is sent, the State Department's Bureau
of Nonproliferation and other agencies review the information in the
cable and respond within 10 working days to State's Bureau of Consular
Affairs. Several agencies, such as the Departments of Commerce and
Energy, receive Mantis cases but do not routinely respond to Consular
Affairs.
State's Bureau of Consular Affairs receives all responses pertaining to
an applicant, summarizes them, and prepares a security advisory
opinion. This SAO is then transmitted to the post electronically
indicating that State does or does not have an objection to issuing the
visa, or that more information is needed.[Footnote 12] A consular
official at post reviews the SAO and, based on the information from
Washington, decides whether to deny or issue the visa to the applicant.
The officer then notifies the applicant that the visa has been denied
or issued, or that more information is needed.
Last year, consular officers submitted roughly 20,000 Mantis cases.
According to consular officials, the visa is approved in the vast
majority of cases. Data provided show that less than 2 percent of all
Mantis requests result in visa denial. However, even when the visa is
issued, the information provided by the consular posts on certain visa
applicants is useful to various U.S. government agencies in guarding
against illegal technology transfer. According to State, the Visas
Mantis program provides State and other interested agencies with an
effective mechanism to screen out those individuals who seek to evade
or violate laws governing the export of goods, technology, or sensitive
information. This screening, in turn, addresses significant issues of
national security.
Mantis Processing Times Have Declined:
Mantis processing times and the number of cases pending more than 60
days have declined significantly. In February 2004, we reported that
the average length of time it took to process Mantis checks in
Washington and for State to notify posts was 67 days for Mantis cases
initiated from April--June 2003. State reported that the average Mantis
processing time in October 2003 was 75 days. However, by November 2004,
the processing and notification time for Mantis cases submitted was
only about 15 days. Figure 2 demonstrates how the average Mantis
processing time for cases submitted by all consular posts has declined
since October 2003.
Figure 2: Average Time to Close Mantis Cases by Month:
[See PDF for image]
Note: This graph does not include data on cases that were still pending
as of November 2004.
[End of figure]
State Department data also show significant improvement in the number
of Mantis cases pending more than 60 days. In February 2004, we
reported that 410 Visas Mantis cases submitted by seven posts in China,
India, and Russia had been pending more than 60 days. However, recent
data provided by the State Department show that, as of October 2004,
only 63 cases (or 9 percent of all pending Mantis cases) had been
pending for more than 2 months. Figure 3 shows a breakdown of all
pending Mantis cases, sorted by the length of time they have been
pending.
Figure 3: Pending Mantis Cases as of November 30, 2004:
[See PDF for image]
[End of figure]
Consular officials at the posts we visited confirmed that they were
receiving faster responses from Washington and that the number of
Mantis cases pending more than 60 days had declined.
Actions Taken to Improve the Mantis Process, but Some Issues Are
Unresolved:
In response to our February 2004 report, State, DHS, and the FBI took
several steps to achieve this reduction in Mantis processing times.
State submitted a Visas Mantis action plan to DHS in May 2004. Although
this plan remained a draft and was not fully implemented, State and
other agencies acted on many of the steps called for in the plan and
undertook other efforts to address difficulties that students and
scholars face in obtaining visas. These actions included establishing a
stand-alone Mantis team; providing additional guidance to consular
officers; creating an electronic tracking system for Mantis cases;
clarifying the roles and responsibilities of agencies involved in the
Mantis process; reiterating a policy to give students and scholars
priority interviews; and extending the validity period for Mantis
clearances. These actions contributed to a decline in overall Mantis
processing times.
Despite these improvements, some issues remain that, if resolved, could
further refine the Mantis process. Consular officers in key Mantis
posts continue to have questions about how to implement the Mantis
program. Several agencies that participate in the Mantis process are
not fully connected electronically to State's tracking system. In
addition, the U.S. visa reciprocity schedule with China (which accounts
for more than half of all Mantis cases) limits students and scholars to
6-month, two-entry visas. In order to facilitate travel, State
Department officials proposed to extend visa validities for students
and scholars on a reciprocal basis. However, the Chinese government did
not agree to do so. Table 1 outlines the actions taken to improve Visas
Mantis and the outstanding issues that need to be addressed.
Table 1: Actions Taken to Improve Visas Mantis and Address Other
Obstacles Faced by Students and Scholars in Obtaining Visas:
1; Action Taken: State added staff dedicated to processing Mantis cases
and created procedures for expediting cases;
Unresolved Issues: None.
2; Action Taken: State provided additional guidance and feedback to
consular officers;
Unresolved Issues: Consular officers need more direct interaction with
State officials to understand the Mantis program.
3; Action Taken: State implemented a Mantis electronic tracking system;
Unresolved Issues: U.S. Government agencies that receive Mantis cases
are not yet fully connected electronically to the system.
4; Action Taken: FBI agreed that, while it would continue to receive
Mantis cases, it would not routinely clear them;
Unresolved Issues: None.
5; Action Taken: Agencies agreed to clear Mantis cases in 10 working
days;
Unresolved Issues: None.
6; Action Taken: State reiterated its policy of giving priority
scheduling to students and scholars;
Unresolved Issues: None.
7; Action Taken: State extended the validity of Mantis clearances;
Unresolved Issues: None.
8; Action Taken: U.S. government proposed to extend visa validities for
business travelers, tourists, and students and scholars in China, based
on reciprocal treatment by China;
Unresolved Issues: Visa validities were extended on a reciprocal basis
for business travelers and tourists from China, but the Chinese
government did not agree to extend visa validities for students and
scholars.
Source: GAO.
[End of table]
State Added Staff and Created Processes for Expediting Cases:
On February 25, 2004, the Assistant Secretary of State for Visa
Services testified before the House Science Committee that the agency
had taken steps to increase efficiency in the Visas Mantis process.
These steps included creating a stand-alone Mantis team composed of
five full-time employees dedicated to processing only Mantis cases. A
key State official told us that he believed this action contributed
significantly to the decline in Mantis processing times. The Assistant
Secretary of State also testified that the agency had established
procedures for expediting individual Mantis cases, when appropriate.
These procedures involved faxing requests for expedition to the
appropriate clearing agencies. Again, a key State official told us that
closer cooperation with other agencies had led to faster Mantis
processing times.
State Provided Additional Guidance and Feedback:
In February 2004, we reported that consular staff at posts we visited
said they were unsure whether they were contributing to lengthy waits
because they lacked clear guidance on when to apply Visas Mantis checks
and did not receive feedback on whether they were providing enough
information in their Visas Mantis requests. As a result, State
undertook a number of initiatives to provide guidance and feedback to
the consular officers responsible for adjudicating cases that require
Mantis checks. In 2004, the State Department:
* Added a special presentation on Visas Mantis to the nonimmigrant visa
portion of the Basic Consular Training course.
* Funded a trip by Nonproliferation (NP) and Consular Affairs (CA)
officials to a regional consular conference in China to make
presentations and hold discussions with consular officers on specific
Mantis issues.
* Organized a series of videoteleconferences with posts that submit
large numbers of Visas Mantis SAO requests to provide direct feedback
to embassy and consular officers on the quality of their Visas Mantis
requests.
* Began issuing quarterly reports to the field about Visas Mantis
policy and procedural issues to "help consular officers understand the
Visa Mantis program better, provide guidance on what cases should be
submitted as Visas Mantis SAO requests and what information should be
included in requests, and to give feedback on the quality of those
requests." The first quarterly report was issued in March 2004,
followed by two more in July and October.
* Arranged one-on-one meetings with the CA and NP offices for new
junior officers assigned to posts with high Mantis volumes.
* Provided feedback to individual consular officers on the Mantis SAOs
they have submitted. This initiative is designed both to recognize
consular officers who are submitting well-documented requests that
correctly target applicants of concern and to guide officers on what
kind of information should be included in requests, depending on the
type of visit the applicant plans to make. The direct feedback program
also allows State to guide officers as to whether they are submitting
SAO requests on the correct applicants.
* Established a classified webpage through the State Department's
intranet for consular officers to gain access to country-specific and
other useful information related to the Mantis program. For example, it
identifies websites that officials in NP use when determining how to
respond to a Mantis case.
Officers at the posts we visited stated that some of these steps were
extremely useful, especially those initiatives that allowed for direct
interaction with officials from Consular Affairs and Nonproliferation.
For example, a junior officer in Guangzhou who had attended the new
Mantis presentation in consular training and had held a one-on-one
meeting with Consular Affairs stated that these initiatives were useful
for understanding how the SAO process works and why it is necessary.
Another junior officer in Shanghai stated that a videoteleconference
his post held with NP was invaluable for addressing his questions about
the Visas Mantis program. Consular officials in China who met with
representatives from NP and CA at the consular conference in February
2004 said that they found the opportunity helpful in addressing some of
their Mantis-related questions.
State Implemented an Electronic Tracking System:
State developed and implemented an electronic system to track Mantis
cases. Beginning in early 2003, State invested about $1 million to
upgrade its Consular Consolidated Database to allow for electronic
processing and tracking of all SAOs, including Visas Mantis requests,
and to eliminate use of its traditional cabling system. This upgrade,
called the "SAO Improvement Project" (SAO IP), resulted in a computer-
based system that allows posts to send Mantis requests electronically.
Previously, consular officers relied solely on the cabling system to
transmit Mantis cases to Consular Affairs. As we found in our February
2004 report, this system resulted in Mantis cases getting lost due to
cable formatting errors and duplicate cases being rejected by the FBI
database. By attaching a unique identifier to each Mantis case, the SAO
IP ensures that cases can be easily tracked. As an added measure, a
block is built into the system that prevents consular officers from
resubmitting Mantis requests on the same visa application.
The SAO IP allows the State Department to more easily produce and track
important statistics. For example, it enables State to follow average
Mantis processing times, the number of Mantis cases submitted by each
post, and the amount of time each step in the Mantis process is taking.
Officials at posts we visited told us that they like being able to
track individual cases as they go through the interagency process in
Washington. In both Moscow and Kiev, for example, the SAO IP
institutionalizes and expands upon tracking efforts that posts had
begun on their own. Officials in Beijing told us that when they receive
a public inquiry on a pending Mantis case, they can use the tracking
system to determine the status of the case.
FBI No Longer Routinely Clears Mantis Cases:
In July 2004, the FBI, State, and DHS reached an agreement that
fundamentally changed the FBI's role in the Visas Mantis process.
Officials from these agencies had determined that the FBI could fulfill
its law enforcement role in the Mantis process without routinely
clearing Mantis cases. Under the new "no objections policy," the State
Department does not have to wait for an FBI response before processing
Mantis cases, but the FBI continues to receive information on visa
applicants subject to Mantis checks.
Prior to this change, State's policy was to wait for a response from
the FBI before proceeding with each Visas Mantis case. If the FBI
requested that State "put a hold" on an individual Mantis case, State
could not provide a response to post on the case until the hold was
removed. This policy resulted in a backlog of almost 1,000 cases and
contributed to lengthy wait times for visa applicants. As we reported
in February 2004, it took the FBI an average of about 29 days to
complete clearances on Mantis cases. In fact, FBI clearance often took
longer than any other step in the Mantis process. Once cases had been
cleared by the FBI, it could take another 6 days before State was
informed. Some of the Mantis cases in the random sample we reviewed
took more than 100 days to be processed at the FBI.
The FBI's new role allows State to process Mantis cases more easily. As
the Bureau of Consular Affairs reported to consular posts in October
2004, "the change in the FBI's role has made it easier for us to
respond to most Mantis SAO requests more expeditiously." The new
agreement also allowed State to clear about 1,000 Mantis cases that the
FBI had maintained on hold, many of them for a "very long time,"
according to State officials. Consular officers we spoke to in China,
Russia, and Ukraine confirmed that they were beginning to receive
clearances on Mantis cases that had been pending for long periods of
time.
Agencies Agreed to Clear Mantis Cases in 10 Working Days:
In November 2004, the remaining agencies responsible for clearing
Mantis cases agreed to respond to the Bureau of Consular Affairs within
10 working days. Before this agreement, the agencies had 15 working
days to respond to State. As a result, the total Mantis processing time
could not be lower than about 20 calendar days (to account for
weekends). According to Consular Affairs, under the new rule, State
should be able to achieve total Mantis processing times of about 15 to
17 calendar days.
State Reiterated Its Policy of Giving Students and Scholars Priority:
In July 2004, the Secretary of State reminded posts via cable that they
should give priority scheduling to persons applying for F, J, and
M[Footnote 13] visas. As explained in the cable, students and exchange
visitors are often subject to deadlines, so posts must have well-
publicized and transparent procedures in place for obtaining priority
appointments for them. Data show that this policy is critical for
ensuring that students and scholars obtain their visas in time to meet
their deadlines. For example, between January and September 2004, non-
student, nonimmigrant visa applicants applying in Shanghai could expect
to wait between 1 and 2 months to obtain an interview.[Footnote 14]
Data provided by the State Department also point to long interview wait
times for non-student or scholar visa applicants at other posts. As of
October 7, 2004 (when visa demand has usually declined from summer
levels), the nonimmigrant visa interview wait time was 32 days in
Beijing, 49 days in Guangzhou, and 34 days in Kiev. Post-specific data
show that interview wait times for students are much shorter. For
example, on June 15, 2004 (when visa demand is typically high),
students and scholars in Shanghai could get an interview within 13
days, while other nonimmigrant visa applicants had to wait 56 days.
Figure 4 illustrates that, in June 2004, a peak visa application
period, non-student visa applicants could wait as long as 87 days to
receive visas, while student applicants could receive visas in as few
as 44 days.
Figure 4: Comparison of Mantis Processing Timelines for Non-Student
Nonimmigrant Visa Applicants and Student Nonimmigrant Visa Applicants
in Shanghai, China, June 2004:
[See PDF for image]
[End of figure]
State, DHS, and the FBI Agreed to Extend the Validity of Visas Mantis
Clearances:
On February 11, 2005, State issued a cable to consular posts
establishing new maximum validities for Mantis clearances, thereby
allowing students and others to reapply for visas without undergoing
frequent Mantis checks. Previously, Mantis clearances were valid for 1
year. Under that rule, if an applicant reapplied for a visa more than 1
year after the processing of the original Mantis check, he or she would
have to undergo another Mantis check before receiving the new visa.
Organizations representing the international scientific community
argued that this validity period was too short. For example, foreign
students attending 4-year college programs had to renew their Mantis
clearances each year.
Under the new validity periods, students can receive Mantis clearances
valid for the length of the approved academic program up to 4 years,
and temporary workers, exchange visitors, and intracompany transferees
can receive clearances for the duration of an approved activity for up
to 2 years.[Footnote 15] State estimates that this change will allow
the agency to cut in half the total number of Mantis cases processed
each year.
The new validity periods are the result of negotiations between State,
DHS, and the FBI. Although State and DHS proposed extending Mantis
clearances in the summer of 2004, the FBI argued that an extension in
Mantis clearances would significantly reduce its capability to track
and investigate individuals subject to the Visas Mantis program. The
FBI informed us that without the same frequency of automatic Mantis
notifications, it would have far less knowledge of when these
individuals enter the country, where they go, and what they are
supposed to do while here. As a result, the FBI made its agreement to
State's and DHS's proposal conditional on receiving access to the US-
VISIT system and the Student and Exchange Visitor Information System
(SEVIS). US-VISIT is housed in DHS and is a governmentwide program for
collecting, maintaining, and sharing information on certain foreign
nationals who enter and exit the United States. SEVIS is a system that
maintains information on international students and exchange visitors
and their dependents in the United States. In February 2005, the FBI
and DHS reached agreement on the terms of the FBI's access to these two
systems, allowing the proposed extension of Mantis clearances to take
effect.
Consular Officers at Key Posts Still Need Additional Guidance:
China and Russia account for roughly 76 percent of all Mantis cases.
However, we found that some consular officers at these posts remain
confused about how to apply the Mantis program. For example, Beijing
consular officers, some of them new to the post, consistently told us
that they needed more clarity and guidance regarding how to use the
Technology Alert List (TAL). According to a key consular official in
Beijing, because these officers generally do not have scientific or
technical backgrounds, they often do not understand what entries on the
TAL mean or whether the visa applicant has advanced knowledge about the
subject he or she plans to study in the United States. They are also
confused about how to apply vague, seemingly benign categories. For
example, officers in Beijing did not know whether to continue
submitting Mantis requests for all individuals that fall under the
category of "Communications - wireless systems, advanced," even if the
visa applicant works for a foreign multinational corporation that is
not a Chinese government-owned telecom enterprise. Few of the consular
officers we spoke with in China, Russia, or Ukraine were familiar with
the quarterly reports issued by Consular Affairs on Mantis issues. The
only officer aware of the classified webpage maintained by the Consular
Affairs Bureau told us that he did not find it useful because it had
very little information on it and because it was hard for him to access
the classified computer system, which is housed in a separate building
far from the consular section.
We found that consular officers at the consular posts we visited did
not have regular opportunities to interact directly with officials from
the Nonproliferation Bureau or the Consular Affairs Bureau
knowledgeable about the Mantis program. For example, representatives
from State's Nonproliferation Bureau and Consular Affairs Bureau have
visited just one consular conference--the February 2004 conference in
China. Although new consular officers are given the option to meet with
NP and CA officials before traveling to post, State does not require
these one-on-one meetings for officers assigned to key Mantis posts.
Although China accounts for more than half of Mantis requests
submitted, only one of the country's six consular posts has held a
videoteleconference. Kiev requested a videoteleconference in early
2004, but had been unable to schedule one, as of December. Finally, in
Beijing, only one of the officers who had attended the consular
conference in February was still at post.
Agencies Are Not Connected to State's Electronic Tracking System:
Several law enforcement, intelligence and non-intelligence agencies
that receive Mantis cases, including the Departments of Commerce and
Treasury, are not fully connected to State's electronic tracking
system. This system, in addition to allowing State to track individual
cases, was designed to eliminate the use of cables for the transmission
of SAO cases because, according to State, they were "the source of
garbled information and other errors that resulted in lost or delayed
cases that required human intervention." For example, as we found in
our February 2004 report, 700 Mantis cables that were sent from Beijing
in fall 2003 did not reach the FBI. It took Consular Affairs about a
month to identify that there was a problem and to provide the FBI with
the cases.
However, since several of the agencies that receive Mantis cases are
not yet fully connected electronically to the system they continue to
receive Mantis cases through State's traditional cabling system. For
the time being, consular officers send Mantis cases both electronically
and by cable. Those agencies that are responsible for routinely
clearing Mantis cases provide responses to State on compact discs that
must be hand-carried between the agencies. As we found previously, this
use of cables and couriers can lead to unnecessary delays in the
process.
State officials informed us that they are working to establish full
connectivity with other agencies. However, State's goals for fully
connecting certain agencies to the system have not been met. Further,
State has not set milestones for connecting the remaining agencies to
the system. In July 2004, State's Assistant Secretary for Congressional
Relations wrote in a letter to the House Science Committee and other
House and Senate committees that he expected the FBI to begin relying
on the network on a regular basis by the end of that month. State and
the FBI also signed a memorandum of understanding in July outlining the
terms of the FBI's electronic connectivity to the system. However, it
was not until December 2004 that the FBI had developed the ability to
gain access to State's electronic tracking system to test the
connection and discontinue using the cabling system. Although the FBI
no longer actively clears Mantis cases, all agencies and bureaus that
receive Mantis cases, regardless of whether they routinely clear cases,
must be connected electronically to the system before use of the
cabling system can be eliminated. State's goal was to establish
connectivity with another intelligence agency responsible for clearing
Mantis cases by the end of 2004, but an agency official told us that a
deadline of February 2005 was more realistic. State has not set
milestones for connecting the remaining agencies that receive Mantis
cases to the tracking system. A key agency official told us that
providing full electronic connectivity to all agencies that receive
Mantis cases will be a gradual process.
Students and Scholars from China Are Limited to 6-Month, Two-Entry
Visas:
China has one of the strictest visa reciprocity schedules for students
and scholars. Under the United States' reciprocity agreement with
China, visas for F-1 and J-1 visa holders are only valid for up to 6
months, with two entries into the United States allowed.[Footnote 16]
According to a key State official, the agency's instructions to
consular officers are to give single-entry, 3-month visas for
applicants who undergo Mantis checks. This reciprocity schedule is one
of the primary concerns of the international scientific community.
Under the reciprocity schedule, if a Chinese citizen in the United
States on an F or J visa leaves the United States, he or she will have
to reapply for a visa.
In 2004, State Department officials entered negotiations with the
Chinese government to revise the visa reciprocity schedule for business
travelers, tourists, and students. However, in December, State
officials informed us that, while the Chinese government agreed to
extend visa validities for business travelers and tourists, it did not
agree to do so for students and scholars. While the new agreement with
the Chinese government may address some of the concerns that the
business community and tourism industry hold about travel to the United
States, students and scholars will still need to reapply for visas
frequently.
Conclusions:
In 2004, State, DHS, and the FBI collaborated successfully to reduce
Mantis processing times. However, opportunities remain to further
refine the Visas Mantis program and facilitate legitimate travel to the
United States. As we reported in 2004, the use of the cabling system to
transmit Mantis cases can lead to unnecessary delays in the process.
The State Department has also noted that the cabling system is the
source of garbled information and other errors. However, agencies
continue to receive cases via cable because they are not yet fully
connected electronically to State's computer database. State has not
established milestones for connecting these agencies to the electronic
tracking system. Additionally, because consular officers have only a
few minutes to determine whether a visa applicant who appears at their
interview window needs to undergo a Mantis check, it is critical that
they fully understand the purpose of the Mantis program. Our work
suggests that consular officers learn best through direct interaction
with those agency officials responsible for implementing the Mantis
program in Washington. However, because consular officers at key Mantis
posts do not routinely have opportunities for such interaction, there
is a risk that they may submit Mantis cases on applicants who do not
need them or fail to submit cases when appropriate. Further, officers
may fail to include information in their Mantis requests that is most
useful to agencies in Washington.
Recommendations for Executive Action:
In order to further streamline the Visas Mantis process, we recommend
that the Secretary of State, in coordination with the Secretary of
Homeland Security, take the following two actions.
* In order to eliminate use of the cabling system in the Mantis
process, establish milestones for fully connecting all necessary U.S.
agencies and bureaus to the computer system used to track and process
Mantis cases.
* Provide more opportunities for consular officers at key Mantis
consular posts to receive guidance and feedback on the Visas Mantis
program through direct interaction with agency officials knowledgeable
about the program. These opportunities could include, among other
initiatives, mandatory one-on-one meetings with officials from the
Bureaus of Consular Affairs and Nonproliferation for new consular
officers before they travel to post; additional visits by State
officials to consular conferences; and more frequent
videoteleconferences with posts that submit large numbers of Mantis
requests.
Agency Comments and Our Evaluation:
We provided a draft of this report to the Departments of State,
Homeland Security, and Justice for their comments. State, DHS, and
Justice provided written comments on the draft (see appendixes II, III,
and IV, respectively). State commented that it had already made
considerable progress with regard to the report's recommendations and
outlined the actions it had taken to do so. For example, State has
committed to sending representatives from its Consular Affairs and
Nonproliferation Bureaus to India, China, and Russia to engage in on-
site discussions of Mantis issues with consular officers. In addition,
State is in the process of negotiating and signing memoranda of
understanding with five U.S. agencies to share Mantis data
electronically. DHS expressed appreciation for our work to identify
actions to improve the Visas Mantis process and stated that it will
pursue completion of GAO's recommendations.
Justice responded to a recommendation included in the draft report that
directed the Secretary of Homeland Security and the Attorney General to
set a formal timeframe for completing negotiations on FBI access to US-
VISIT and SEVIS. Because the two agencies reached agreement prior to
publication of the final draft, the recommendation is not included in
this report. The Department of Justice also provided technical
comments, which we have incorporated where appropriate.
We are sending copies of this report to other interested Members of
Congress. We are also sending copies to the Secretary of State and the
Secretary of Homeland Security. We also will make copies available to
others upon request. In addition, the report will be available at no
charge on the GAO Web site at [Hyperlink, http://www.gao.gov]. If you
or your staff have any questions about this report, please contact me
at (202) 512-4128 or fordj@gao.gov. Staff contacts and other key
contributors to this report are listed in Appendix V.
Sincerely yours,
Signed by:
Jess T. Ford:
Director, International Affairs and Trade:
[End of section]
Appendixes:
Appendix I: Objectives, Scope, and Methodology:
The scope of our work covered improvements to and implementation of the
Visas Mantis program between February 2004 and February 2005. To
determine how long it takes to process Visas Mantis checks, we obtained
and analyzed data from the State Department's electronic tracking
system for Security Advisory Opinions (SAOs). Specifically, we reviewed
"SAO Processing Statistics" reports for all Mantis requests submitted
to the State Department between April 1, 2004, and August 31, 2004, as
well as other Mantis statistics produced by the State Department. These
reports showed the average total processing time (in calendar days) for
Mantis cases worldwide. To assess the reliability of State's data on
Visas Mantis cases, we (1) interviewed State officials responsible for
creating and maintaining the electronic tracking system used for Mantis
cases, (2) observed use of the tracking system, and (3) examined data
collected through the tracking system. We noted in our report that
average Mantis processing times, as calculated through State's tracking
system, do not take into account Mantis cases that are still pending.
As a result, reported average Mantis processing times can change as
cases that have been pending are cleared. State may also calculate
average Mantis processing times based on the date on which a consular
post initially drafted a Mantis case, rather than the date on which the
consular post submitted the final draft to Washington. As a result,
total Mantis processing times can seem longer than they really are.
Despite these limitations, we determined that the data were
sufficiently reliable for the purposes of identifying trends in Mantis
processing.
To identify and assess actions taken to implement our recommendation to
improve the Visas Mantis program, we obtained documentation from key
U.S. agencies, primarily the State Department, interviewed officials
from these agencies, and observed training classes for new consular
officers at the State Department's Foreign Service Institute. We
reviewed the Immigration and Nationality Act, the Foreign Affairs
Manual, the Bureau of Consular Affairs' quarterly reports on Visas
Mantis, and other cables and related documents from that bureau. In
Washington, we interviewed officials from the Departments of State,
Homeland Security, and Justice. At State, we met with officials from
the Bureau of Consular Affairs and the Bureau of Nonproliferation. At
the Department of Homeland Security, we met with officials from the
Directorate of Border Transportation and Security. At the Department of
Justice, we met with officials from the Federal Bureau of
Investigation's Name Check Unit. We requested a meeting with Department
of Justice and FBI officials to discuss negotiations with DHS regarding
access to US-VISIT and SEVIS; they agreed to answer questions in
writing. In August 2004, we observed classes at the Foreign Service
Institute for newly assigned consular officers. As part of that
training, we attended the Visas Mantis briefing that had been added to
the curriculum for new officers in response to our recommendation in
the February 2004 report.
To identify whether there were any remaining issues that affect the
total amount of time it takes for science students and scholars to
obtain visas, we analyzed data on interview wait times, spoke with
representatives of various educational organizations, and observed a
roundtable discussion on Mantis issues sponsored by the Senate Foreign
Relations Committee. We obtained data on interview wait times at
consular posts worldwide from State's Bureau of Consular Affairs. We
also obtained information on interview wait times from the consular
posts in China and Russia. We met with representatives from the
National Academies of Science, NAFSA: Association of International
Educators, and the Alliance for International Education. The roundtable
discussion we attended involved officials from the Departments of State
and Homeland Security, as well as representatives from the
International Institute for Education; the Association of American
Universities; the National Institutes of Health; the National Academies
of Science; NAFSA: Association of International Educators; and others.
Representatives from various colleges and universities were also in
attendance.
We conducted fieldwork at five visa-issuing posts in three countries--
China, Russia, and Ukraine. We chose these countries because they are
leading places of origin for international science students and
scholars visiting the United States and because they account for 78
percent of all Mantis cases. During our visits to these posts, we
observed visa operations, reviewed selected Visas Mantis data, and
interviewed consular staff about the Visas Mantis program. In China, we
met with consular officers at the U.S. Embassy in Beijing and the
consulates in Shanghai and Guangzhou. We also met with the Deputy Chief
of Mission, as well as officials from the Office of the Defense
Attaché; the Office of Environment, Science, Technology, and Health;
the Office of Public Diplomacy; and the Foreign Commercial Service. In
Beijing, we observed a meeting of the American Chambers of Commerce in
China, where they discussed their experience with the Visas Mantis
program. In both Shanghai and Guangzhou, we met with the Consul
General. In Russia, we met with consular officers at the U.S. Embassy
in Moscow. We met with the Consul General and his Deputy, as well as
officials from the Department of Energy; the Office of Environment,
Science, Technology, and Health; and Public Affairs. In Ukraine, we met
with consular officers at the U.S. Embassy in Kiev. We met with the
Deputy Chief of Mission, the Consul General and her Deputy, as well as
officials from the Department of Energy; the Office of Public Affairs;
and the Office of the Defense Attaché. Furthermore, in both Russia and
Ukraine we held meetings with various organizations that sponsor summer
work/travel exchanges, and they expressed their opinions and
observations about the effects of U.S. visa policy on their programs.
We conducted our work from July 2004 through February 2005 in
accordance with generally accepted government auditing standards.
[End of section]
Appendix II: Comments from the Department of State:
United States Department of State:
Assistant Secretary and Chief Financial Officer:
Washington, D.C. 20520:
FEB 3 2005:
Ms. Jacquelyn Williams-Bridgers:
Managing Director:
International Affairs and Trade:
Government Accountability Office:
441 G Street, N.W.
Washington, D.C. 20548-0001:
Dear Ms. Williams-Bridgers:
We appreciate the opportunity to review your draft report, "BORDER
SECURITY: Streamlined Visas Mantis Program Has Lowered Burden on
Foreign Science Students and Scholars, But Further Refinements Needed,"
GAO Job Code 320300.
The enclosed Department of State comments are provided for
incorporation with this letter as an appendix to the final report.
If you have any questions concerning this response, please contact Paul
Doherty, Division Chief, Bureau of Consular Affairs, Office of Visa
Operations, at (202) 663-1246:
Sincerely,
Signed by:
Christopher B. Burnham:
cc: GAO - John Brummet:
CA - Maura Harty:
State/OIG - Mark Duda:
Department of State Comments on Draft Report "Streamlined Visas Mantis
Program Has Lowered Burden on Foreign Science Students and Scholars,
But Further Refinements Needed." (GAO-05-198, GAO Code 320300):
The Department of State appreciates the opportunity to comment on the
report of the Government Accountability Office entitled: Streamlined
Visas Mantis Program Has Lowered Burden on Foreign Science Students and
Scholars, But Further Refinements Needed. We have already made
considerable progress in regard to the report's recommendations and we
have taken additional steps as well.
Monthly Videoconferences:
The Consular Affairs (CA) Bureau and the Nonproliferation (NP) Bureau
continue to hold monthly videoconferences (DVC) with consular officers
at leading Mantis-submitting posts, an effort that began in early 2004.
To date we have held 10 DVCs with half a dozen more planned for the
first half of 2005.
Meetings with Posts:
We have also stepped up efforts to provide direct guidance to consular
officers on Visas Mantis policy and procedural issues. Representatives
of CA and NP traveled to posts in India at the end of this month to
engage in on-site discussions about Visas Mantis issues with consular
officers in the three major Mantis-submitting posts. In February, CA
officials will travel to consular conferences in China and Russia and
will discuss Visas Mantis issues with consular officers in those
countries.
Electronic Transmission of Data:
We have made important strides in achieving electronic connectivity for
other Mantis clearing agencies to the Department's automated Security
Advisory Opinion (SAO) program in the Consular Consolidated Database
(CCD). In December 2004 the FBI namecheck unit achieved full
connectivity to the CCD. Since that time, they have been extracting
Mantis and other SAO data directly from the CCD, running it through
their namecheck database, and uploading the results into the CCD. The
electronic transmission of clearance data has helped reduce processing
times significantly. FBI is working on a method of transferring SAO
data from the CCD electronically to end-users within the Bureau.
We continue discussions with intelligence community entities about
connectivity and internal distribution of SAO data and we're hopeful
that connectivity can be achieved by mid-year. We are also in the
process of negotiating and signing MOUs on sharing SAO data through the
CCD with DHS, DIA, DOC, TSC and the CDC.
Visa Reciprocity for Chinese Travelers:
Regarding a change to visa reciprocity for Chinese students and
scholars, in 2004 we reached an agreement with the Government of China
to extend the validity of tourist and business visas from multiple
entry/six months to multiple entry/12 months. We continue in
discussions with the Chinese to achieve increased reciprocity for
students and scholars.
Validity of Mantis Clearances:
We are ready to implement the proposal to increase the clearance
validity periods for the various Mantis visa categories as soon as
final details can be worked out.
[End of section]
Appendix III: Comments from the Department of Homeland Security:
U.S Department of Homeland Security:
Washington, DC 20528:
January 28, 2005:
Mr. Jess T. Ford:
Director, International Affairs and Trade:
Government Accountability Office:
441 G Street, N.W.
Washington, D.C. 20548:
Dear Mr. Ford:
RE: GAO-05-198, Border Security Streamlined Visas Mantis Program Has
Lowered Burden on Foreign Science Students and Scholars, But Further
Refinements Needed (GAO Job Code 320300):
Thank you for the opportunity to review and comment on the draft report
related to the Visas Mantis Security Advisory Opinion process for
foreign science students and scholars. The Department of Homeland
Security (DHS) appreciates the work done in this review to identify
areas where actions can be taken to improve the Visas Mantis process. A
few areas of the report deserve comment.
Like the Department of State (DOS), DHS officials received many
complaints from the academic, scientific, and business communities
regarding the lengthy visa process. DHS is proud of its involvement
with DOS to identify and implement solutions to the Visas Mantis
process that have been successful in reducing the Visas Mantis process
time. Both DHS and DOS agreed that awaiting a Federal Bureau of
Investigation (FBI) clearance on Mantis cases in some instances added
time to the process. Accordingly, DHS and DOS jointly suggested that
the FBI become a silent partner in Mantis cases, receiving the Mantis
information without actively clearing each case. As your report
indicates, this change has resulted in a significant reduction in
Mantis processing time. In addition, under DHS' visa policy authority
in section 428 of the Homeland Security Act and the resulting
Memorandum of Understanding (MOU) with DOS, DHS is developing a
"backstop" function to resolve problem SAOs pending longer than a
reasonable amount of time.
DHS and DOS also jointly agreed upon extending the Mantis validity
periods for students, researchers, and business travelers. With respect
to the FBI receiving access to US-VISIT, the draft report should be
corrected to indicate that the FBI requested access to US-VISIT and
Student and Exchange Visitor Information System (SEVIS) information.
Further, US-VISIT does not contain the SEVIS database. Rather, US-VISIT
and SEVIS exchange data with each other. DHS is confident that DOJ and
DHS will sign the data access MOU within a couple of weeks. Authority
for extending the Mantis validity period will be sent to the DOS
consular posts within that same time frame. DHS believes that such
extensions will significantly improve the Mantis process for both DOS
and affected travelers.
Finally, DHS strongly encouraged DOS to vigorously pursue longer visa
reciprocity schedules with China to prevent Chinese students and
researchers from having to apply for visas so frequently. While DOS was
successful in obtaining a longer visa validity period for business
travelers and tourists, your report correctly states that China did not
agree to such validity periods for students. DHS will continue to
encourage DOS negotiations with China regarding student visa validity
periods to further streamline and improve the visa process for students.
DHS strongly believes that foreign students and scholars offer the
United States invaluable diversity, intellectual knowledge, and are an
economic resource. DHS will pursue completion of its own
recommendations to improve the Mantis process, including those of the
GAO. DHS will also continue to evaluate the visa process and policies
to identify and implement visa improvements in accordance with the
Administration's guiding principle of "Open Doors, Secure Borders.":
Sincerely,
Signed by:
Steven J. Pecinovsky:
The following are GAO's comments on the Department of Homeland
Security's letter dated January 28, 2005.
GAO Comment:
1. We have revised the report to reflect the fact that the FBI
requested access to both US-VISIT and the Student and Exchange Visitor
Information System and that US-VISIT does not contain SEVIS.
[End of section]
Appendix IV: Comments from the Department of Justice:
U.S. Department of Justice:
Washington D.C. 20530:
FEB 7 2005:
Jess T. Ford:
Director, International Affairs and Trade:
U.S. Government Accountability Office:
441 G. Street, NW:
Washington, D.C. 20548:
Dear Mr. Ford:
Thank you for the opportunity to review and comment on the Government
Accountability Office (GAO) draft report GAO-05-198 entitled "Border
Security: Streamlined Visa Mantis Program Has Reduced Burden on Foreign
Science Students and Scholars, But Further Refinement Needed." The
Department provided its technical comments under separate cover to
Elizabeth Singer, GAO Analyst-in-Charge. The comments below are the
Department's formal comments for inclusion in the GAO published report.
The draft report recommends that the Secretary of Homeland Security and
the Attorney General set a formal timetable for completing negotiations
on the tenns of the Federal Bureau of Investigation's (FBI) access to
the US-VISIT program. We do not believe that this recommendation is
warranted at this time. Presently, the FBI has limited access to US-
VISIT through user accounts established at FBI headquarters. In
addition, the FBI and the Department of Homeland Security (DHS) have
agreed to a pilot project in which DHS is providing sample extracts to
the FBI of US-VISIT data. This pilot, which is scheduled to be
completed by the middle of February 2005, is designed to identify any
remaining technical and operational issues that need to be resolved
before DHS can begin the routine transfer of data in US-VISIT to the
FBI. Finally, DHS and the FBI have been negotiating a memorandum of
understanding that will govern the sharing of information in US-VISIT
and the Student and Exchange Visitor Information System. This agreement
is close to completion. The FBI and DHS have agreed to the basic terns
of the agreement. The only remaining issue involves the sharing of visa
records, and this final issue may be resolved within the next week.
Accordingly, because we are close to a final agreement, it is not
necessary for the Secretary of Homeland Security and the Attorney
General to establish a more formal timetable for completing these
negotiations, as the draft report recommends.
If you have any questions regarding our comments, please contact
Richard P. Theis, Acting Director, Audit Liaison Office.
Sincerely,
Signed by:
Paul R. Corts:
Assistant Attorney General for Administration:
cc: Francesco Isgro, ODAG:
Cheryl Johnston, Audit Liaison, FBI:
Dawn Burton, ODAG:
The following are GAO's comments on the Department of Justice's letter
dated February 7, 2005.
GAO Comment:
1. Because the Departments of Homeland Security and Justice reached
agreement on the FBI's access to US-VISIT and SEVIS prior to
publication of the final draft, we did not include the recommendation
in this report. The validity period for certain Visas Mantis clearances
was extended on February 11, 2005.
[End of section]
Appendix V: GAO Contacts and Staff Acknowledgments:
GAO Contacts:
Jess Ford (202) 512-4128;
John Brummet (202) 512-5260:
Acknowledgments:
In addition to those named above, Elizabeth Singer, Carmen Donohue,
Maria Oliver, Judith Williams, Mary Moutsos, Joe Carney, Martin de
Alteriis, and Etana Finkler made key contributions to this report.
(320300):
FOOTNOTES
[1] A visa is a travel document that allows a foreign visitor to
present himself or herself at a port of entry for admission to the
United States. In this report, we use the term "visa" to refer to
nonimmigrant visas only. The United States also grants visas to people
who are intending immigrants.
[2] GAO, Border Security: Improvements Needed to Reduce Time Taken to
Adjudicate Visas for Science Students and Scholars, GAO-04-371
(Washington, D.C.: Feb. 25, 2004).
[3] GAO, Border Security: Improvements Needed to Reduce Time Taken to
Adjudicate Visas for Science Students and Scholars, GAO-04-443T
(Washington, D.C.: Feb. 25, 2004).
[4] In this report, we are defining the Mantis process as the time from
when a post submits a Mantis cable to the State Department to the time
when State responds to the post on the case.
[5] The average of 67 days was based on a random selection of Mantis
cases submitted to State between April and June 2003.
[6] CLASS is a State Department name check database that posts use to
access critical information for visa adjudication. The system contains
records provided by numerous agencies and includes information on
persons with visa refusals, immigration violations, and terrorism
concerns.
[7] The term nonimmigrant generally refers to a foreign national
seeking to enter the United States temporarily for one of the specific
purposes allowed under the INA. The most common reason for denial of a
visa is that the consular officer has determined that the applicant
intends to come to the United States and remain. Section 214(b) of the
INA presumes that every alien is an immigrant until he establishes that
he is eligible for nonimmigrant status under the INA. Often this means
establishing, in addition to other criteria, that the alien has
sufficient social or economic ties to compel him to return home after
visiting the United States. See 8 U.S.C. §1184(b) and 8 U.S.C.
§1101(a)(15).
[8] According to State officials, between 2-3 percent of all
nonimmigrant visa applications require an SAO.
[9] Under Section 212(a)(3)(A) of the INA, an applicant is rendered
inadmissible if there is reason to believe that the applicant is
seeking to enter the United States to violate United States laws
prohibiting the export of goods, technology, or sensitive information
from the United States. 8 U.S.C. § 1182(a)(3)(A)(i)(II).
[10] In Moscow, the most common SAO requested is Visas Bear, which is a
check on many official visitors. Visas Mantis is the next most common
SAO requested from Moscow.
[11] According to the State Department's consular training guide,
generally 221(g) is applied when an applicant lacks required documents,
or some visa processing is incomplete.
[12] A message requesting more information is sent to post when State
or other agencies involved in the Visas Mantis process require
additional information, such as an itinerary, on a visa applicant.
[13] F-1 visas are for students; J-1 visas are for exchange visitors;
and M-1 visas are for vocational students or other nonacademic students.
[14] The shortest wait time for an interview was 31 calendar days,
while the longest wait time was 56 calendar days.
[15] The new clearance validity periods do not apply to applicants from
state sponsors of terrorism. In addition, business visitors and
visitors for pleasure would continue to receive Mantis clearances valid
for 1 year, provided that the purpose of the visit to the United States
has not changed.
[16] The validities of U.S. visas and the number of entries allowed are
based on the principal of reciprocity. Visas are issued to nationals of
another country based on that country's visa policy toward U.S.
citizens. The period of validity of a nonimmigrant visa is the period
during which the alien may use it in making application for admission.
The period of visa validity has no relation to the period of time the
immigration authorities at a port of entry may authorize the alien to
stay in the country.
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