Policies Regarding International Students, Postdocs, and Visiting Scholars

1. Policies Regarding International Students, Postdocs, and Visiting Scholars James A. Griffin, Ph.D.

2. Updates on “the Visa Situation” • Testimony by Janice Jacobs, Deputy AS for Visa Services, DOS, before the House Science Committee, 3/26/03 • Remarks by Dr. Marburger, Director of OSTP, at the AAAS Science and Technology Policy Colloquium, 4/10/03 2

3. Central Issue “Ability of foreign technical personnel, including students and scientists, to visit the U.S. for meetings, research collaborations, or educational pursuits” “This Administration values the contribution foreign scientists and students make to the nation’s scientific enterprise, to our economy, and to the appreciation of American values” 3

4. Topics to be Addressed • I will not address issues with the Student and Exchange Visitor Information System (SEVIS) • I will review the current visa processing system, and address: • How the system works • The cause of delays • What we are doing to address them • What you can do to help 4

5. Visa Policy Issues • The visa process remains essentially the same today as it was prior to 9/11 • The State Department issues a travel visa, which permits someone to reach the U.S. Border and seek admission • Admission to the U.S. was controlled by the INS in Justice, and is now controlled by the Department of Homeland Security • The Homeland Security Act gave visa power to DHS, with delegation to State 5

6. Visa Policy • Shortly after 9/11, President Bush issued Homeland Security Presidential Directive 2 (HSPD2) • Enhanced immigration enforcement ability • End the abuse of international student status 6

7. HSPS-2 “The U.S. benefits greatly from international students who study in our country. The U.S. Government shall continue to foster and support international students” 7

8. HSPD2 “The Government shall implement measures to end the abuse of student visas and prohibit certain international students from receiving education and training in sensitive areas, including areas of study with direct application to the development and use of weapons of mass destruction.” 11/6/02 8

9. IPASS • The concept of an Interagency Panel on Advanced Science and Security (IPASS) • The need for greater scientific input in the visa screening process • Other issues causing delays in the visa screening process • The creation of the Department of Homeland Security changed the status of the agencies in the original IPASS process (State and Justice), and IPASS has not been implemented 9

10. The Visa Review Process • The leading causes of rejection: • Forms are not filled out correctly and completely • “Failure to establish intent to return to the home country” - State guidance • “Application does not comply with INA requirements” – denial pending receipt of additional documents or interagency security clearances 10

11. The Visa Review Process • Rejection rates for science- and study-related activities remain small • So where is the problem? • Dramatic increase in the number of cases submitted for additional security review • Reviews required each time the person enters the U.S., even if it is a re-entry 11

12. Three Visa Review Procedures • Consular Lookout Automated Support System (CLASS) • For all applicants, done at the consular affairs office where application is submitted • Looks for criminal and terrorist activity • Some sent to Washington for further review • Most resolved within 30 days 11/6/02 12

13. Three Visa Review Procedures • MANTIS Review • Purpose is to detect and exclude applicants who intend to violate or evade laws governing the export of goods, technology or sensitive information. Now includes Select Agents as well. • Send application to DC based on Technology Alert List (TAL) • Went from 1,000 cases in 2000 to 14,000 cases in 2002, overloading the system 13

14. Three Visa Review Procedures • CONDOR Review: • Created after 9/11 to identify potential terrorists • In past, if no derogatory information was received from supporting the agencies then State would issue the visa • With system overload no such assurance could be given, so this rule was suspended • Agencies are working with OSTP and HSC to eliminate the backlog and resolve system inefficiencies 14

15. OSTP Organization • OSTP has placed special emphasis on homeland security issues, including visa issues • OSTP supported OHS (shared staff), and now supports DHS • OSTP Homeland and National Security functions report through a Senior Director, Bill Jeffrey, to Chief of Staff Shana Dale 15

16. Steps Forward • Increased and systematic involvement of the expert communities within the federal government (IPASS, etc.) • Elimination of duplicate operations among the three screening processes • Continued improvement of impact reporting from affected institutions • Beyond anecdotes, need trend data • How to improve the system 16

17. Steps Forward • A better knowledge among all parties regarding how the visa system works • Current delays/backlogs due to rigorous screening, not the result of policies to exclude • We need both visa applicants and their sponsoring institutions to have accurate information about the visa process 17

18. Steps Forward • “A frame of mind within the technical and higher education communities that perhaps falls short of patience, but rises above hysteria” • The “urban myth” status regarding visa denials • Self-fulfilling prophecies regarding U.S. competitiveness in the global scientific community 18