DOS Issues Proposed Rule on Fee Increases for Consular Services
[Proposed Rules]
[Page 6321-6330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-12]
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DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 6887]
RIN 1400-AC58
Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates
AGENCY: Bureau of Consular Affairs, State.
ACTION: Proposed rule.
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SUMMARY: This rule proposes adjustments in current fees for consular services. The Department of State is adjusting the fees in light of an independent cost of service study’s (“CoSS”) findings that the U.S. Government is not fully covering its costs for providing these services under the current fee structure. The primary objective of the adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the United States of providing the services.
DATES: Written comments must be received on or before 30 days from February 9, 2010.
ADDRESSES: Interested parties may submit comments by any of the following methods:
Persons with access to the Internet may view this notice and submit comments by going to the regulations.gov Web site at: http:/ /www.regulations.gov/index.cfm.
Mail (paper, disk, or CD-ROM): U.S. Department of State, Office of the Executive Director, Bureau of Consular Affairs, U.S. Department of State, Suite H1001, 2401 E Street NW., Washington, DC 20520.
E-mail: fees@state.gov. You must include the RIN (1400- AC58) in the subject line of your message.
FOR FURTHER INFORMATION CONTACT: Amber Baskette, Office of the Executive Director, Bureau of Consular Affairs, Department of State; phone: 202-663-2599, telefax: 202-663-2499; e-mail: fees@state.gov.
SUPPLEMENTARY INFORMATION:
Background
The proposed rule makes changes to the Schedule of Fees for Consular Services of the Department of State’s
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Bureau of Consular Affairs (“Schedule of Fees” or “Schedule”), as well as a conforming amendment to 22 CFR 51.51(d). As discussed below, full cost recovery is the basis on which consular fees are ordinarily set and collected. In line with this principle, the Department has reviewed its current consular fees based on a recently completed CoSS, and decided to implement a number of changes to the Schedule of Fees.
Two of these changes are particularly noteworthy. First, the proposed rule establishes a tiered application processing fee for immigrant visas depending on the category, as determined by the cost to the U.S. Government of processing that particular category of visa. Second, the proposed rule increases the adult passport book application fee from $55 to $70 to make this fee more consistent with full cost recovery. Moreover, certain consular services performed for no fee are included in the Schedule so that members of the public will be aware of significant consular services provided by the Department for which they will not be charged.
Nonimmigrant visa fees, including fees for Machine-Readable Visas (MRVs) and Border Crossing Cards (BCCs), have been modified pursuant to a separate rule published December 14, 2009. These modified fees are reflected in Item 21 of the Schedule below.
What Is the Authority for This Action?
The Department of State derives the general authority to set the amount of fees for the consular services it provides, and to charge those fees, from the general user charges statute, 31 U.S.C. 9701. See, e.g., 31 U.S.C. 9701(b)(2)(A) (“The head of each agency * * * may prescribe regulations establishing the charge for a service or thing of value provided by the agency * * * based on * * * the costs to the Government * * *.”). As implemented through Executive Order 10718 of June 27, 1957, 22 U.S.C. 4219 further authorizes the Department to establish fees to be charged for official services provided by U.S. embassies and consulates. Other authorities allow the Department to charge fees for consular services, but not to determine the amount of such fees, as the amount is statutorily determined. Examples include: (1) The $13 fee for machine-readable BCCs for certain Mexican citizen minors, Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Public Law 105-277, 112 Stat. 2681-50, Div. A, Title IV, sec. 410(a) (reproduced at 8 U.S.C. 1351 note); and (2) the reciprocal nonimmigrant visa issuance fee, 8 U.S.C. 1351.
A number of other statutes address specific fees relating to passport processing, immigrant and nonimmigrant visa processing, and overseas citizens services. For example, 22 U.S.C. 214 authorizes the Department to charge passport application and execution fees. Another law authorizes the Department to establish a fee for the processing of applications for “diversity visas,” to recover the costs of the “visa lottery” program conducted under Immigration and Nationality Act (INA) sections 203 and 222, 8 U.S.C. 1153, 1201. See Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, 110 Stat. 3009, Div. C, Title VI, Sec. 636 (reproduced at 8 U.S.C. 1153 note). Only those applicants who register in the lottery and are selected may apply for a visa, and those who choose to apply must pay the fee; the fee incorporates the costs to the Department of administering the lottery program. Id. Another statute authorizes the Department to collect and retain surcharges on passports and immigrant visas to help pay for efforts to enhance border security. See 8 U.S.C. 1714. While these fees were originally frozen statutorily at $12 and $45 respectively, subsequent legislation authorized the Department to amend these amounts administratively, provided the resulting surcharge is “reasonably related to the costs of providing services in connection with the activity or item for which the surcharges are charged.” Department of State Authorities Act of 2006, Public Law 109-472, 120 Stat. 3554, sec. 6(b)(1) (reproduced at 8 U.S.C. 1714 note). Furthermore, several statutes deal with fees for nonimmigrant visas, including the issuance fee statute described above, 8 U.S.C. 1351 (establishing reciprocity as the basis for the nonimmigrant visa issuance fee), and the MRV and BCC fees modified in the proposed rule published in the Federal Register on December 14, 2009.
Certain persons are exempted by law or regulation from paying specific fees or are expressly made subject to a special fee regime by law. These are noted in the Schedule of Fees below. They include, for instance, several exemptions from the nonimmigrant visa application fee for certain individuals who engage in charitable activities or who qualify for diplomatic visas. See 8 U.S.C. 1351; 22 CFR 41.107(c). Certain Iraqi and Afghan nationals are similarly exempt from paying an immigrant visa application fee. See National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, 122 Stat. 3, Div. A, Title XII, sec. 1244(d) (reproduced at 11 U.S.C. 1157 note); Omnibus Appropriations Act, 2009, Public Law 111-8, 123 Stat. 524, Div. F, Title VI, sec. 602(b)(4) (reproduced at 8 U.S.C. 1101 note). As another example, qualifying Mexican citizen minors pay a special BCC fee well below what it costs the Department to process such cards. Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Public Law 105-277, Div. A, Title IV, sec. 410(a), reproduced at 8 U.S.C. 1351 note.
While for most consular fees, the funds collected must be deposited into the Treasury, various statutes permit the Department to retain the fees it collects. Among these are the following: (1) The MRV and BCC fees, Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, Public Law 103-236, Title I, sec. 140(a)(2), 112 Stat. 2681-50 (reproduced at 8 U.S.C. 1351 note); (2) the passport expedite fee, Department of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1995, Public Law 103-317, 108 Stat. 1724, Title V (reproduced at 22 U.S.C. 214 note); (3) the passport and immigrant visa security surcharges, 8 U.S.C. 1714; (4) the Western Hemisphere Travel Initiative (WHTI) surcharge, which is imbedded in the passport book and passport card application fees, 22 U.S.C. 214(b)(1); (5) the diversity visa lottery fee Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, Div. C, Title VI, sec. 636 (reproduced at 8 U.S.C. 1153 note); (6) the fee for an affidavit of support, Consolidated Appropriations Act, 2000, Public Law 106-113, 113 Stat. 1501, Div. A, Title II, Sec. 232(a) (reproduced at 8 U.S.C. 1183a note); and (7) the fee to process requests from participants in the Department’s Exchange Visitor Program for a waiver of the two-year home-residence requirement, 22 U.S.C. 1475e. The Department also has available to it a portion of certain fraud prevention and detection fees charged to applicants for H- and L- category visas. 8 U.S.C. 1356(v)(2)(A).
Why Is the Department Adjusting Fees at This Time?
With certain exceptions–such as the reciprocal nonimmigrant visa issuance fee and the reduced Mexican citizen minor BCC fee described above, as well as a congressionally mandated $1 surcharge on all nonimmigrant visas, see William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Public Law 110-457, 122 Stat. 5044, Title II, sec. 239 (reproduced at 8 U.S.C. 1351 note)–the Department of
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State generally sets consular fees at an amount calculated to achieve recovery of the costs to the U.S. Government of providing the consular service, in a manner consistent with general user charges principles, regardless of the specific statutory authority under which the fees are authorized. As set forth in OMB Circular A-25, as a general policy, each recipient should pay a reasonable user charge for government services, resources, or goods from which he or she derives a special benefit, at an amount sufficient for the U.S. Government to recover the full costs to it of providing the service, resource, or good. See OMB Circular No. A-25, sec. 6(a)(2)(a). The OMB guidance covers all Federal Executive Branch activities that convey special benefits to recipients beyond those that accrue to the general public. See id., sections 4(a), 6(a)(1).
While fees are thus set in accordance with full cost recovery, there are limited circumstances, such as the passport book and card application fees for minors, in which costs are allocated to related fees or the Department charges a fee that is lower than the cost of providing the service. This may be done in order to account for statutory requirements or the potential impact on the public of setting those fees at a higher level.
The Department reviews consular fees periodically to determine each fee’s appropriateness in light of the OMB guidance. The Department has made the changes set forth in this proposed Schedule of Fees accordingly. In line with this guidance, the Department contracted for an independent CoSS, which conducted its work from August 2007 through June 2009. The CoSS used an activity-based costing model to determine the current direct and indirect costs to the U.S. Government associated with each consular good and service the Department provides. The contractor and Department staff surveyed and visited domestic and overseas consular sites handling a representative sample of all consular services worldwide. The study identified the cost of the various discrete consular goods and services, both direct and indirect, and the study’s results formed the basis of the changes herein proposed to the Schedule. Detailed information concerning the CoSS’s methodology is available from the Bureau of Consular Affairs.
In situations where services are provided with enough frequency to develop a reliable estimate of the average time involved, the Schedule generally sets a flat service fee. In situations that require services to be performed away from the office or during after-duty hours, the Department calculates the fee based on a consular “hourly rate”; this rate, which appears at Item 75 on the Schedule below, represents the cost per hour or part thereof/per consular employee. Whether by flat fee or fee determined by hourly rate, the fees the Department charges are designed to recover–at most–the full costs the Department expects the U.S. Government to incur over the period the Schedule will be in effect. The Department based all fees in the Schedule on projected Fiscal Year 2010 workloads.
As a result of the CoSS’s findings and the Department’s analysis of these findings, the Department is hereby proposing adjustments to the Schedule of Fees. As noted above, adjustments to nonimmigrant visa fees, including those for BCCs, have been promulgated under a separate rule published December 14, 2009.
The last broad set of amendments to the Schedule occurred in 2005, though the Department has made piecemeal amendments to it since that time. Some fees, including items 31(a) and (b) and 35(d), are set by the Department of Homeland Security and were most recently updated by that agency on July 30, 2007. Changes to the current Schedule of Fees are discussed below. All CoSS estimates discussed below are based on projected workload for Fiscal Year 2010, and fees have been rounded to make them easier to collect, especially when converting from foreign currencies, which are most often used when paying for fees at posts abroad. This proposed rule also makes a conforming amendment to 22 CFR 51.51(d), which establishes the surcharge on the filing of each passport application in order to cover the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458, 118 Stat. 3638 (reproduced at 8 U.S.C. 1185 note).
Passport Book Application Services
The Department is increasing the application fee for a passport book for an adult (age 17 and older) from $55 to $70. The application fee for a passport book for a minor (age 16 and younger) will remain at $40. The CoSS estimated that the cost of processing first-time passport applications for both adults and minors is $105.80 based on a projected FY10 workload of 11.9 million. This cost includes border security costs covered by the passport book security surcharge, discussed immediately below. Because a minor passport book has a validity of just five years, in contrast with the ten-year validity period of an adult passport book, the Department has decided to leave the minor passport book application fee at $40, and allocate the remainder of the cost of processing minor passport book applications to the adult passport application fee.
As described in 22 CFR 51.51(d), this fee incorporates the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458 (reproduced at 8 U.S.C. 1185 note). This portion of the application fee, which is embedded within the fee and not charged separately or separately itemized in the Schedule of Fees, has increased from $20 to $22 per application based on increased costs related to new passport agencies serving border communities.
Passport Book Security Surcharge
The Department is increasing the passport book security surcharge from $20 to $40 in order to cover the costs of increased border security which includes, but is not limited to, enhanced biometric features in the document itself. The passport book security surcharge is the same for adult passport books and for minor passport books.
Additional Passport Visa Pages
In the past, the Department provided extra pages in a customer’s passport, to which foreign countries’ visas may then be affixed, at no charge. The CoSS found that the cost of the pages themselves, of having the pages placed in the book in a secure manner by trained personnel, and of completing the required security checks results in a cost to the U.S. Government of $82.48 based on a projected FY10 workload of 218,000. Therefore, the Department will charge $82 for this service.
Passport Card Application Services
The CoSS projected that the cost of processing first-time applications for adult and minor passport cards will be $77.59 based on an FY 2010 workload projection of 1.56 million cards. Adjudication costs associated with a passport card are the same as those associated with a passport book. Nevertheless, the card is intended to be a substantially less expensive document than the passport book, for the convenience of citizens who live close to land borders and cross back and forth frequently. Therefore, the Department has decided to raise the adult passport card application fee from $20 to just
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$30, and the minor passport card application fee from $10 to just $15.
As described in 22 CFR 51.51(d), this application fee incorporates the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458 (reproduced at 8 U.S.C. 1185 note). This portion of the fee, which is embedded within the fee and not charged separately or separately itemized in the Schedule of Fees, has increased from $20 to $22 for the adult passport card and from $10 to $15 for the minor passport card, and is based on increased costs related to new passport agencies serving border communities.
File Search and Verification of U.S. Citizenship
When an applicant for a passport book or passport card does not present evidence of citizenship, the Department must search its files to attempt to discern his or her U.S. citizenship. The Department is raising the fee for this service from $60 to $150 based on the cost of providing the service, and notes that applicants can avoid paying this fee by providing adequate citizenship documentation when applying for a passport rather than to request a costly, time-intensive Department file search.
Application for Consular Report of Birth Abroad of a Citizen of the United States
The CoSS found that the cost of accepting and processing an application for a Consular Report of Birth Abroad of a Citizen of the United States is $197.28 based on an FY10 workload projection of 80,000 applications. The Department has decided to raise the fee from $65 to $100, still significantly less than cost, based on its view that too high a fee might deter U.S. citizen parents from properly documenting the citizenship of their children at birth, a development the Department feels would be detrimental to national interests.
Documentation for Renunciation of Citizenship
The CoSS demonstrated that documenting a U.S. citizen’s renunciation of citizenship is extremely costly, requiring American consular officers overseas to spend substantial amounts of time to accept, process, and adjudicate cases. A new fee of $450 will be established to help defray a small portion of the total cost to the U.S. Government of documenting the renunciation of citizenship.
Death and Estate Services
The CoSS found that the average cost of assisting U.S. citizens in making arrangements for a deceased non-U.S. citizen family member abroad is $388.19 based on an FY 2010 workload projection of 50,000 cases. The Department had previously charged a fee of $265 per hour, the then-applicable fee for consular time (discussed below), plus expenses. The Department has decided to set the new fee for death and estate services at significantly lower than costs–$200 plus expenses– in order to assist bereaved families.
Immigrant Visa Application Processing Fee
The Department is changing the fee for processing an immigrant visa from $355 for all immigrant visas, to a four-tiered fee based on CoSS estimates for each discrete category of immigrant visa, as applications for certain applications cost more to process than others. Accordingly, the application fee for a family-based (immediate relative and preference) visa (processed on the basis of an I-130, I-600 or I-800 petition) will be $330.
The application fee for an employment-based visa (processed on the basis of an I-140 petition) will be $720. Other immigrant visa applications (including for diversity visa applicants, I-360 self- petitioners, special immigrant visa applicants and all others) will have a fee of $305. As noted above, certain qualifying Iraqi and Afghan special immigrant visa applicants are statutorily exempt from paying a processing fee. National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, Div. A, Title XII, Sec. 1244(d) (reproduced at 11 U.S.C. 1157 note); Omnibus Appropriations Act, 2009, Public Law 111-8, Div. F, Title VI, sec. 602(b)(4) (reproduced at 8 U.S.C. 1101 note).
Immigrant Visa Security Surcharge
The Department is increasing the immigrant visa security surcharge, which all applicants except those statutorily exempted must pay, from $45 to $74 to cover increased security costs as determined by the CoSS, including the costs of the enhanced security screening requirements associated with fingerprint collection which were previously included in the immigrant visa application processing fee.
Diversity Visa Lottery Fee for Immigrant Visa Application
The Department is raising the fee paid by winners of the Diversity Visa lottery who apply for immigrant visas from $375 to $440 based on CoSS estimates for an FY 2010 workload projection of 81,000 applications. The Department has authority to collect the surcharge only from persons who are selected through the lottery process and therefore qualify to apply for a Diversity Visa, and to set it at a level sufficient to cover the entire cost of running the lottery. Omnibus Consolidated Appropriations Act, 1997, Public Law 104-208, Div. C, Title VI, Sec. 636 (reproduced at 8 U.S.C. 1153 note).
Affidavit of Support Review
The Department charges the affidavit of support review fee for all affidavits of support reviewed at the National Visa Center in connection with an application for an immigrant visa. The purpose of the review is to ensure that each affidavit is properly completed before the National Visa Center forwards it to a consular post for adjudication. The Department is increasing the fee from $70 to $88 to reflect the increase in the cost of providing this service to immigrant visa applicants.
Determining Returning Resident Status
The CoSS found that determining the status of persons who claim to be legal permanent residents of the United States but do not have documentation to prove this fact, has become less costly than before due to advances in automation, making it easier to verify U.S. immigration status. As such, the Department will lower the fee from $400 to $380.
Providing Documentary Services
The CoSS found the cost to the U.S. Government of providing documentary services overseas is $76.36 per service based on a projected FY 2010 workload of 380,000 services. These are primarily notarial services, certification of true copies, provision of documents, and authentications. However, the Department is raising these fees only from $30 to $50, lower than cost, in order to minimize the impact on the public.
Processing Letters Rogatory and Foreign Sovereign Immunities Act Judicial Assistance Cases
The CoSS found that the cost to the U.S. Government of processing letters rogatory and Foreign Sovereign Immunities Act judicial assistance cases is $2,274.59 based on a projected FY 2010 workload of 1400 services. The Department will accordingly raise the fee for these services to $2,275.
Taking Depositions or Executing Commissions To Take Testimony
Several services fall under this heading, and fees for three of the
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services will be raised as a result of the CoSS’s estimates of costs to the U.S. Government. The new fees appear in the Schedule below.
Consular Time Charges
The Department previously charged a consular time fee of $265 per hour, per employee. The CoSS estimated that consular time charges for services performed away from the office or outside business hours only costs $231 per hour, per employee. Therefore, the Department will lower this fee to $231 per hour.
When Will the Department of State Implement This Proposed Rule?
The Department intends to implement this proposed rule, and initiate collection of the fees set forth herein, as soon as practicable following the expiration of the 30-day public comment period following this proposed rule’s publication in the Federal Register, and after the Department has had the opportunity to fully consider any public comments received.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a proposed rule, with a 30-day provision for public comments.
Regulatory Flexibility Act
The Department, in accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), has reviewed this rule and, by approving it, certifies that the proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities as defined in 5 U.S.C. 601(6). This rule raises the application and processing fee for passports, immigrant visas and American citizen services. The Department of State estimates that the agency will process 16,000 total employment-based immigrant visa applications, all of which fall into the E-1, E-2, E-3, E-4, and E-5 categories. (Note: The Department of Homeland Security processes domestic adjustment of status for approximately 90 percent of all employment-based immigrants; cases processed domestically do not pay Department of State fees.) The issuance of some “E” category employment-based immigrant visas may be contingent upon approval by DHS of a petition filed by a United States company, and these companies pay a fee to DHS to cover the processing of the petition. The amount of the petition fees that are paid by small entities to DHS is not controlled by the amount of the visa fees paid by individuals to the Department of State. The visa itself is sought and the application processing fees are paid for by an individual foreign national overseas who seeks to immigrate to the United States. The Department of State does not track applications for employment- based visas by the size and nature of the petitioning businesses, and therefore cannot identify the share of this impact on the small businesses versus large businesses. While some employers may choose to reimburse application costs, small businesses are not required by law to reimburse the individuals, and therefore no small businesses will be impacted. Additionally, small entities may pay judicial services fees if required for legal matters with foreign companies, but in very limited circumstances and small numbers. For instance, worldwide in FY 2009, embassies and consulates arranged only 123 depositions and processed only 156 letters rogatory.
Unfunded Mandates Act of 1995
This rule will not result in the expenditure by State, local and Tribal governments, in the aggregate, or by the private sector, of $1 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1501-1504.
Executive Order 13175–Consultation and Coordination With Indian Tribal Governments
The Department has determined that this rulemaking will not have Tribal implications, will not impose substantial direct compliance costs on Indian Tribal governments, and will not pre-empt Tribal law. Accordingly, the requirements of Section 5 of Executive Order 13175 do not apply to this rulemaking.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996, since it will result in an annual effect on the economy of $100 million or more. See 5 U.S.C.804(2).
Executive Order 12866
OMB considers this rule to be an economically significant regulatory action under Executive Order 12866, section 3(f)(1), Regulatory Planning and Review, Sept. 30, 1993 because it is likely to have an annual effect on the economy of $100 million or more. 58 FR 51735. This rule is necessary in light of the Department of State’s CoSS finding that the cost of processing passports and immigrant visas and of providing other consular services has generally increased since the fees were last set. The Department is setting the fees in accordance with 31 U.S.C. 9701 and other applicable authority, as described in more detail above. See, e.g., 31 U.S.C. 9701(b)(2)(A) (“The head of each agency [hellip] may prescribe regulations establishing the charge for a service or thing of value provided by the agency [hellip] based on [hellip] the costs to the Government.”). This regulation generally sets the fees for passports, immigrant visas and consular services at the amount required to recover the costs associated with providing this service.
Accordingly, this rule has been submitted to OMB for review.
Details of the proposed fee changes are as follows:
(SEE PDF VERSION FOR TABLE)
The Department of State does not anticipate that demand for passport, immigrant visa, and other services affected by this rule will change significantly due to these fee changes, and welcomes public comment on that expectation.
With regard to immigrant visas, many categories are numerically capped; these caps artificially limit workload and keep current demand fairly stable. In FY 2009, the Department issued all available immigrant visas in employment-based categories (capped at 140,000 including adjustments of status processed domestically by the
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Department of Homeland Security). In FY 2009, the Department issued 96 percent of the immigrant visas available under the Diversity Visa program (capped at 50,000 including adjustments of status processed domestically by the Department of Homeland Security). Also in FY 2009, the Department issued 96 percent of the immigrant visas available for family-preference categories (capped at 226,000 including adjustments of status processed domestically by the Department of Homeland Security). When fewer visas were issued than were available under the numerical cap, it was generally due to administrative processing issues rather than lack of demand. There are nearly 3.5 million applicants currently awaiting numerically controlled visas, sufficient to fill more than eight years’ workload at the current annual caps. It is reasonable to expect that the immigrant visa workload for FY 2010 and FY 2011 will remain about the same as FY 2009. Please note that these estimates do not take into account variables that the Department cannot predict at this time, such as legislative changes.
With regard to passports, the Department does not believe that passport application fees are a significant determining factor when Americans decide to travel internationally. The price of a passport book or card remains minor in comparison with other costs associated with foreign travel, given that taxes and surcharges alone on an international airfare can easily surpass $100. As a result, the Department does not believe passport demand will be significantly affected by increases of the size proposed. In addition, the Western Hemisphere Travel Initiative has now been fully implemented, and there is no new regulatory impetus for passport demand on the horizon.
Executive Order 13132
This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, Federalism, Aug. 4, 1999, the Department has determined that this rule does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. 64 FR 43255.
Paperwork Reduction Act
This rule does not impose or alter any reporting or record-keeping requirements.
List of Subjects in 22 CFR Parts 22 and 51
Consular services, fees, passports and visas.
Accordingly, for the reasons stated in the preamble, 22 CFR Part 22 and Part 51 are proposed to be amended as follows:
PART 22–SCHEDULE OF FEES FOR CONSULAR SERVICES–DEPARTMENT OF STATE AND FOREIGN SERVICE
1. The authority citation for part 22 is amended to read as follows:
Authority: 8 U.S.C. 1101 note, 1153 note, 1183a note, 1351, 1351 note, 1714, 1714 note; 10 U.S.C. 2602(c); 11 U.S.C. 1157 note; 22 U.S.C. 214, 214 note, 1475e, 2504(a), 4201, 4206, 4215, 4219, 6551; 31 U.S.C. 9701; Exec. Order 10,718, 22 FR 4632; Exec. Order 11,295, 31 FR 10603.
2. Revise Sec. 22.1 to read as follows:
Sec. 22.1 Schedule of fees.
The following table sets forth the U.S. Department of State’s Schedule of Fees for Consular Services:
Schedule of Fees for Consular Services
(SEE PDF VERSION FOR TABLE)
PART 51–PASSPORTS
3. In Sec. 51.51, revise paragraph (d) to read as follows:
Sec. 51.51 Passport fees
* * * * *
(d) A surcharge in the amount of twenty-two dollars ($22) on the filing of each application for a passport book, in the amount of twenty-two dollars ($22) on the filing of each application for a passport card for an applicant age 16 or over, and in the amount of fifteen dollars ($15) on the filing of each application for a passport card for an applicant under age 16, in order to cover the costs of meeting the increased demand for passports as a result of actions taken to comply with section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108-458 (8 U.S.C. 1185 note). The surcharge will be recovered by the Department of State from within the passport application fee reflected in the Schedule of Fees for Consular Services.
* * * * *
Dated: February 3, 2010.Patrick Kennedy,
Under Secretary of State for Management, Department of State.
[FR Doc. 2010-2816 Filed 2-8-10; 8:45 am]
BILLING CODE 4710-06-P
Consular Processing Notes
Via Department of State
Applicants for temporary work visas should generally apply at the American Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. To make an appointment for interview you will need to provide the receipt number that is printed on the approved Form I-129 petition. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview by a Consular Officer.
For current fees for Department of State government services select Fees.
- An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the March 2006 date, electronic “e-form application.” Select Nonimmigrant Visa Application Form DS-156 to access the electronic version of the DS-156. Important Notice: At certain U.S. Embassies and Consulates abroad, nonimmigrant visa applicants are now required to apply visa using the new DS-160 Online Nonimmigrant Visa Electronic Application, instead of the nonimmigrant application forms DS-156, 157, 158, and other related forms. Learn more and find out which Embassies have converted to the DS-160 Online process.
- A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Four countries are now designated as state sponsors of terrorism, including Cuba, Syria, Sudan, and Iran. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form. Here is Form DS-157.
- A passport valid for travel to the United States with a validity date of at least six months beyond the applicant’s intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must make an application.
- As part of the visa application process, an interview at the embassy consular section is required for almost all visa applicants. Thewaiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. During the visa interview, an ink-free, digital fingerprint scan will be quickly taken, as well as a digital photo. Some applicants will need additional screening, and will be notified when they apply.
- One (1) 2×2 photograph. See the required photo format explained in nonimmigrant photograph requirements .
To schedule the interview appointment, you will need the receipt number that is printed on the approved Form I-129 petition. NOTE: During your interview, the consular officer will use the receipt number to verify the Form I-129 petition approval. Therefore, Form I-797 is no longer used to verify petition approval, and is no longer necessary for your visa interview. With the exception of the H-1 and L-1, applicants may also need to show proof of binding ties to a residence outside the United States which they have no intention of abandoning. It is impossible to specify the exact form the evidence should take since applicants’ circumstances vary greatly.
Legal Rights and Protections for Employment (H1-B, H2-A and H2-B) or Education-based Nonimmigrants
Recent changes to U.S. law relate to the legal rights of employment-based nonimmigrants under Federal immigration, labor, and employment laws, and the information to be provided about protections and available resources. As a temporary visitor to the U.S., it is important that you are aware of your rights, as well as protections and resources available when you come to work or study here. Review the Nonimmigrant Rights, Protections and Resources pamphlet, Online version or Printer double-sided version.
Entering the U.S. – Port of Entry
A visa allows a foreign citizen coming from abroad, to travel to the United States port-of entry and request permission to enter the United States. Applicants should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security, U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. If you are allowed to enter the U.S., the CBP official will determine the length of your visit on the Arrival-Departure Record (Form I-94). Since Form I-94 documents your authorized stay in the United States, it is very important to keep in your passport. In advance of travel, prospective travelers should review important information aboutAdmissions/Entry requirements, as well as information related to restrictions about bringing food, agricultural products or other restricted/prohibited goods explained on the Department of Homeland Security, Customs and Border Protection website. Upon arrival (at an international airport, seaport or land border crossing), you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into and their departure from the U.S. with the Special Registration program.
Additional Information
With the exception of “Q-1 Cultural Exchange Visitors,” the spouse and unmarried, minor children of an applicant under any of the above classifications may also be classified as nonimmigrants in order to accompany or join the principal applicant. A person who has received a visa as the spouse or child of a temporary worker (a petition-based NIV), may not accept employment in the United States (with the exception of spouses of L-1 visa holders – L-2 spouses may engage in employment with an “employment authorized” endorsement or appropriate work permit.) The principal applicant must be able to show that he or she will be able to support his or her family in the United States.
All of the above classifications have fixed time limits in which the alien may perform services in the United States. In some cases those time limits may be extended by USCIS in order to permit the completion of the services. Thereafter, the alien must remain abroad for a fixed period of time before being readmitted as a temporary worker under any classification. USCIS will notify the petitioner on Form I-797 whenever a visa petition, an extension of a visa petition, or an extension of stay is approved under any of the above classifications. The beneficiary may use a copy of Form I-797 to make an appointment to apply for a new or revalidated visa during the validity period of the petition. The approval of a permanent labor certification or the filing of a preference petition for an alien under the H-1 or L classifications shall not be a basis for denying a visa.
Questions about filing a petition, qualifications for various classifications, or conditions and limitations on employment should be made by the prospective employer or agent in the United States to the nearest USCIS office. Questions about filing a visa application at a consular section abroad should be addressed to the appropriate consular office abroad. Inquiries about visa cases in progress overseas should contact the appropriate U.S. Embassy or Consulate handling your case.
US consulate denies H1B visa curtailment for Indians
The Closing of the American Border: Terrorism, Immigration and Security Since 9/11: A book written by Edward Alden, Former Washington bureau chief of the Financial Times
09/17/2008
A book written by Edward Alden,
Former Washington bureau chief of the Financial Times was published yesterday by HarperCollins. It will be of great interest
to readers of this blog. The book is entitled The Closing of the American
Border: Terrorism, Immigration and Security Since 9/11. It tells the
story of the internal battles within the Bush administration after 9/11
over how far to go in tightening U.S. borders in what was often a misguided
effort to keep out terrorists. That story is interspersed with many personal
tales of innocent people who got caught up in the labryinth of post-9/11
restrictions. Mr. Alden also makes a number of larger points about the damage that
has been done to the U.S. economy and to the country’s standing in the
world by the heavy-handed way in which border security measures have been
implemented.
The book comes out of reporting the author did
after 9/11 while he was the Washington Bureau Chief for the Financial Times,
and well as more than a year of further research after he joined the Council
on Foreign Relations.
The book is available in bookstores,
and on Amazon at http://www.amazon.com/Closing-American-Border-Terrorism-Immigration/dp/0061558397/ref=sr_1_2?ie=UTF8&s=books&qid=1221575965&sr=1-2
You can also get a preview of some of
the chapters at: http://browseinside.harpercollins.com/index.aspx?isbn13=9780061558399
Product Description from Amazon.com
“On September 10, 2001, the United States was the most open country
in the world. But in the aftermath of the worst terrorist attacks on
American soil, the U.S. government began to close its borders in an
effort to fight terrorism. The Bush administration’s goal was to build
new lines of defense against terrorists without stifling the flow of
people and ideas from abroad that has helped build the world’s most
dynamic economy. Unfortunately, it didn’t work out that way.
The Closing of the American Border
is based on extensive interviews with the Bush administration officials
charged with securing the border after 9/11, including former secretary
of homeland security Tom Ridge and former secretary of state Colin
Powell, and with many of the innocent people whose lives have been
upended by the new border security and visa rules. A pediatric heart
surgeon from Pakistan is stuck in Karachi for nearly a year, awaiting
the security review that would allow him to return to the United States
to take up a prestigious post at UCLA Medical Center. A brilliant
Sudanese scientist, working tirelessly to cure one of the worst
diseases of the developing world, loses years of valuable research when
he is detained in Brazil after attending an academic conference on
behalf of an American university.
Edward Alden goes behind the
scenes to show how an administration that appeared united in the
aftermath of the attacks was racked by internal disagreements over how
to balance security and openness. The result is a striking and
compelling assessment of the dangers faced by a nation that cuts itself
off from the rest of the world, making it increasingly difficult for
others to travel, live, and work here, and depriving itself of its most
persuasive argument against its international critics—the example of
what it has achieved at home.”
Answering reader mail: INA Section 214(b) issues in applying for Visitor/Student visas
INA Section 214(b) issues in applying for Visitor/Student visas
Dear Ashwin,
I wanted to bring my brother over to the US for Diwali, and I sent an invitation letter, but the consulate in Chennai turned him away. What do the consular officers look for in these situations, and what should we watch out for the next time I try to get a visitor’s visa for brother or parents? When can I reapply for him?
Lakshmi
Dear Lakshmi,
Section 214(b) of the Immigration and Nationality Act (INA) states: “Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for admission, that he is entitled to a nonimmigrant status…” In short, this section of the INA presumes every applicant for a visa to America intends to eventually reside in America. It is the burden of each applicant to demonstrate that this is not the case – that they only intend to visit America for a short duration. In qualifying for B (Visitor) F (Student) or J (Exchange Visitor) visas, an applicant must demonstrate compliance with this section of the law. Most refusals concern the requirement that the applicant possess or maintain a residence abroad that he has no intention of abandoning. Applicants thereby demonstrate that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The INA places this burden of proof squarely on the applicant. (Note that these requirement do not apply to H or L Visa holders who may maintain ‘dual-intent’).
Consular officers have the last word in deciding who may enter the US and evaluate each applicant for a non-dual-intent visa (B, F, J among others) to determine whether the applicant has strong ties abroad. Some examples of ties can be a job, a house, a family, and a bank account. These ties bind you to your home country and demonstrate that you will return after your trip to America. Despite the fact that consular officers attempt to provide a case-specific evaluation, they have limited time allotted to each client. It is imperative that you have a well documented and organized petition which demonstrates the strength of your applicant’s case by providing evidence of the applicant’s strong ties. Unfortunately, as you can imagine, these requirements are somewhat harder to prove for younger applicants.
You should also attempt to provide documentation of why the visa applicant is coming to the United States. Temporary trips of a short duration (less than six months) for a specified period of time with a clearly defined start and end date (such as a marriage or graduation) are more likely to be approved. Remember that an invitation letter and evidence of funds of the American ‘sponsor’ are of limited benefit to the applicant – the consular officer is mainly concerned with the qualifications of the applicant themselves.
Your brother can attempt to enter the US again since a denial under section 214(b) is not permanent, however, the more times an individual is turned down the harder it becomes to become eligible for subsequent approvals. The consular officer will only reconsider a case if an applicant can show further convincing evidence of ties outside the United States. The applicant’s situation must have substantially changed since the last application. Demonstration of strong ties is still key.
Little India Interview with Peter Kaestner, Minister Counselor for Consular Affairs at the U.S. Embassy in New Delhi
Via Little India
By: | |||
Continue reading |
Travellers report no problems at US Immigration (Bermuda)
| By Tim Smith |
The first day of new US passport regulations appeared to go smoothly at Bermuda Airport yesterday.
Under new rules drawn up in the wake of the 9/11 terror strikes, US-bound Bermudian travellers now have to present a passport to enter America.
From midnight yesterday, in order to benefit from the visa waiver allowed under US law for Bermudians, passports must have a Bermuda Status Stamp.
The move has led to such a crush of Bermudians rushing into the Office of Immigration over the past few months that Ministry officials are considering a permanent change to the way the official Register of Bermudians is kept.
However, commuters and their families and staff at the airport said there had been no teething problems in the first day of the new system.
More than 30,000 Bermudians have filed through the Ministry offices for the new stamp since the United States Department of Homeland Security announced the new travel regulations last November.
American visas to Indians set to zoom
Via rediff News
December 18, 2006 10:22 IST
With Indo-US bonhomie at its best, the United States is all set to
grant entry visas to a record number of Indians in the months to come.
In
September and October this year, the first two months of the US fiscal,
the US has issued 78 per cent more visas to Indians than in the same
two months of last year. In fact, the US consular operations have had
to requisition staff from all over the world to cope with the
additional work.
Indians have bagged no less than 30 per cent of
the visas granted by the US worldwide for skilled temporary workers.
Last fiscal, over 127,000 such visas were issued to Indians. And at
over 80,000, India has the largest number of foreign students in the
US. In fiscal 2006, 24,622 Indian students got a US visa — a 32 per
cent increase over the previous year.
The US issued 358,734
temporary visas in fiscal 2006, up 14 per cent from 313,800 in the
previous year. This was in addition over 30,000 immigrant visas. India
is now second only to Mexico among all countries for visa demand.
It
all began in September this year, when David Mulford, the US ambassador
to India, made a commitment to eliminate the visa backlog at the
earliest, keeping with the US policy of ‘Secure Borders, Open Doors.’
By
May 2007, the US is planning to achieve equilibrium between visa demand
and processing facility in India. Thus, a new US consulate general
building in Mumbai will be ready by 2008. The investment: a cool $100
million.
Another $20 million renovation at Delhi will see 10 new
visa interviewing windows. Hyderabad will have a 15-window consular
operation by 2008. While the Kolkata workspace will be doubled in 12
months, six additional interviewing windows are planned in Chennai this
year.
Naturally, airlines are falling over each other to get a piece of the action.
The
traffic between India and the US was 2.1 million passengers in 2005-06;
it is projected to rise by at least 15 per cent in the current year.
The average load factor on Air-India’s 28 weekly flights to the US is
as high as 85 per cent.
Several airlines, including state-owned
Air-India and American Airlines, are planning to start non-stop flights
between India and the US. Jet Airways plans to get into the market by
August 2007, while Kingfisher is working on its local feeder network
for its US operations, which it hopes to begin some time in 2008.
US visa appointment slots hiked to 30,000 at the US Consulate in Chennai
Via Rediff News
October 19, 2006
Taking serious note of the vast backlog for US visa appointments, the
US Consulate in Chennai has added 30,000 visa appointments till the end
of this year, Peter Kaestner, Minister Counsellor of US Consular
Affairs, New Delhi, said on Thursday.
He
said the number of visa appointment slots was being increased in a bid
to streamline the US visa application process and to reduce the
long-waiting time for applicants.
“The US Consulate General is
not satisfied with the long-waiting time for visa appointments, as much
as the applicants. The headquarters at Washington has sanctioned more
resources in the form of money and extra personnel to quicken the
process of visa issuance,” Kaestner informed the media.
In
order to enable better service, the US consulate was strongly urging
the applicants, who had obtained appointment slots in 2007, to advance
their appointments to this year.
As many as 500 slots are
available every day and these can be used to eliminate the backlog in
issuing visas, he said. This year alone, over 1,25,000 visa
applications were received from all over the country and another 40,000
appointment requests had already been made for 2007, he said.
“There
has been an increase of 19 per cent in the number of visas issued in
the last budgetary year when compared to the previous year, with
1,20,000 issuances in 2004-05 increasing to over 1,43,000 in 2005-06,”
Kaestner said.
“The US Consulate receives fraudulent visa
applications in which the applicant supplies false documents in the
form of school leaving certificates, bank documents and university
degrees,” Kaestner said. He attributed this to the wrong information
being provided to the applicants by people posing as visa agents, about
the documents required.
“Even legitimate applicants have to be
denied visas because they follow the advice of such agents. In reality,
very few documents are required to be attached with a visa application
and the specifications are available in the website http://www.vfs-usa.co.in”,
Kaestner said.
Voicing concern over this fraudulent activity, he
said that the number of fake applications was large enough to intervene
in the smooth processing of visas. Over 80,000 students from India were
pursuing higher education in America of which 12,000 were from South
India alone.
The number of student visas had increased steadily
and last year registered the highest number of student visas, Kaestner
said. Compared to 2004-05, the last financial year recorded a 20 per
cent increase in the number of student visas, he said.
Revealing
that Chennai topped the country in the highest number of visa
applications, he said the city was way ahead of all other states in
eliminating the backlog.
The U.S. Immigration Law Blog by Ashwin Sharma 
IMMIGRATION ATTORNEY APPLAUDS NEWLY ANNOUNCED DHS REFORMS IN FURTHERANCE OF ATTRACTING AND RETAINING HIGHLY SKILLED IMMIGRANTS/INVESTORS AND CALLS FOR PARALLEL CHANGES IN THE U.S. CONSULAR PROCESSING SYSTEM
The Department of Homeland Security (DHS) has announced substantial changes to our immigration system by way of a two prong strategy aimed at retaining highly skilled immigrants and increasing investment in the U.S. by foreign investors, reports U.S. Immigration lawyer Ashwin Sharma. The DHS announced this week that it would add to or modify established immigration processes so as to further President Obama’s commitments to:
1. The Creation of a “Startup Visa,”
2. Strengthening the H-1B nonimmigrant professional program,
and
3. “Stapling” green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields, and make improvements to existing programs.
The DHS hopes that these and other proposed changes will attract and retain highly-skilled immigrants.
Ashwin Sharma, a member of the American Immigration Lawyers Association, applauds the DHS’s actions and calls for parallel changes within the U.S. Department of State’s Consular Posts. “We urgently require these changes and more, particularly with regard to professionals and investors. It has never been more difficult for tourists, professionals or investors to legally enter this country and contribute to the American economy. Our various immigration departments and agencies are interpreting the same laws differently. The U.S. Consulates, for example, appear to be ignoring specific Congressional mandates. Furthermore, there appears to be little communication between DHS and the Consulates which results in the inexplicable penalization of valuable immigrants.”
Mr. Sharma continued, “For example, to fill a specialty occupation with an H-1B professional worker, a U.S. employer may pay up to $5,500 just in government filing fees, provide hundreds or thousands of pages to DHS in support, make applicable attestations, answer up to one or two DHS queries and remain ready for a random on-site inspection. However, even after obtaining an approval subsequent to this rigorous and expensive adjudication process, which will have to be repeated each time an employer files a case, an employer may learn that their H-1B employee(s) are barred from reentering the U.S. after a short visit abroad. These employee(s) may be held abroad for months or years, away from their family, home and of course, job. U.S. employers of those encountering such a situation often lose contracts, profits and incur harm to their corporate reputation.”
“A U.S. Consular officer may deny entry to the U.S. to anyone, even someone with a DHS approved H-1B. Such a denial follows, generally, a two to five minute interview in which a Consular officer quickly flips through the same documentation previously scrutinized by the DHS. Presently, the main reason for such denials for H-1B IT workers appears predicated on Consular Officers’ outdated interpretation of what constitutes an “employee-employer” relationship within the H-1B context. This definition however, has been substantially modified by DHS and DHS Chief Napolitano since the original, restrictive definition was announced in January of 2010. Unfortunately, no one seems to have issued the revisions to the Consulates. Further, it appears that a substantial percentage of such H-1B visa denials may be improper. This is because the Foreign Affairs Manual (“FAM”) guidelines for Consulates state that a U.S. Consular Officer may only deny a case on very specific grounds, that is, the discovery of new negative facts not previously known to DHS in the course of DHS’ adjudication. For example, 9 FAM 41.53(d) states that,”
Mr. Sharma highlighted a selection in the FAM which indicates a Consular officer,
Mr. Sharma noted that, “The FAM repeatedly emphasizes that DHS, the original adjudicator of the petition, should be given greater deference than Consulates in reviewing the qualifications of a particular alien for “H” status, and that Consulates should rely on DHS expertise, and not their own. This is not only so because Congress explicitly and implicitly assigned “responsibility” and “authority” of making such a decision to DHS but also because of the complexity of H petitions in general.”
Mr. Sharma stated, “Another unambiguous demand for Consulates’ deference to DHS is contained in 9 FAM 41.53 N2.2, under the heading entitled, “Approved Petition Is Prima Facie Evidence of Entitlement to H Classification”. Subsection (a) of this section makes it abundantly clear that the Consulate or Consular officer should not make any adverse decision on an H-1B petition approved by DHS, unless the Consulate discovers (presumably material) information during the visa interview that was not available to DHS,”
Mr. Sharma emphasized that it is “only if the Consulate discovers material not known to the DHS is it advised to issue a request for evidence in the following note (b),”
Mr. Sharma provided another example in 9 FAM 41.53 N2.3, “Referring Approved H Petition to Department of Homeland Security (DHS) for Reconsideration” which he stated “…reemphasizes an often ignored directive: that Consular officers,”
Mr. Sharma concluded, “It is highly improbable that freshly discovered documentary evidence, both material in nature and unavailable to DHS at the time of original adjudication, could be discovered during the course of a typically rapid Consulate interview for the majority of H-1B petitions that have been denied recently. Visa applicants and their employers obey the law, ‘wait their turn’ and pay the requisite fees but are often those most ill treated by our system. These individuals are suffering harm because of the carelessness, ignorance and a lack of communication within and among our Immigration agencies, particularly at the Consular level. This may be one of the major reasons why our economy suffers; tourists, students, investors and professionals are increasingly selecting emigration to Australia and Canada over the U.S. and its unpredictable, almost schizophrenic immigration system. I welcome the DHS’ proposed changes but they will have little impact if the U.S. Department of State’s Consulates continue to ignore them.”