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Beginning with the influx of post-World War n refugees and peoples into the United
States, visa processing has become the largest function of most American consular sections
abroad, one that requires significant resources, both human and material. The focus of concern
was consistently on illegal immigration; that is, on screening applicants to determine whether
they intended to work or reside illegally in the United States Pressures to emigrate to the United
States have been depicted as the "push" factors of economic hardship and political and social
unrest abroad coupled with the "pull" factor of American prosperity. Consequently, staffing,
training and procedures have all been directed at determining whether visitor visa applicants
were intending immigrants, a determination specifically required by the law. It should also be
apparent that promoting travel and the free movement of people of all nationalities to America
serves our interests culturally, socially, and economically; foreign tourists annually provide
billions of dollars to our economy ($82 billion in 2000).
Numerous factors impacted on the Department of State's (Department) visa process and
policies in effect during the period leading to the September 11,2001, terrorist attacks. That
period extended from November 1997 to June 2001 when 21 visitor visas were issued to the 19
hijackers.
• Visa demand rose significantly more sharply than did the number of trained staff
available to perform the function. This shortfall was exacerbated during the 1990s when budget
cuis for Foreign Service personnel compelled the Department to "do more with less,"' Ai the
same time, applications for visas increased worldwide from about seven and a half million in
1998 to about ten and a half million in 2001. In 1998 GAO reported that serious staffing
shortages resulted in visa processing backlogs.' Consular sections also experienced "extended
personnel shortages," particularly during summer months, when few qualified officers were
available to adjudicate visas. Resource shortfalls for adequate officer staffing extended to the
Foreign Service national staff that supports visa operations with basic data processing. Missions
were obliged to work existing staff long hours, which led to adjudicator fatigue and morale
problems. In short, sufficient resources to permit thorough personal interviews of every visa
applicant were never obtained.
• Inadequate funding also resulted in unsuitable workspace at most missions that was
neither secure nor conducive to carry out interviews, and insufficient to store all visa files. A
desire to establish uniform consular file maintenance procedures as well as a lack of space at
many missions prompted the Department to establish visa documentation destruction schedules.
This meant that all supporting documents for visitor visas were returned to the applicants and
virtually all applications were routinely destroyed annually.2
• CA gave all visa issuing missions broad discretion in processing visas and
streamlining their visa operations, encouraging them to promote travel to the United States by
1 General Accounting Office, State Department: Tourist Visa Processing Backlogs Persist at United States
Consulates, GAO/NSIAD-98-69, March 1998.
2 Except in cases involving permanent ineligibility such as criminal convictions.
SENSITIVE BUT UNCLASSIFIED
giving their applicants every reasonable opportunity to establish eligibility for visas. Adding to
the complexity of managing visa operations worldwide are the vast resource disparities among
those missions which range from one part-time consular officer to more than 30 full-time
officers, and from missions with very low visa refusal rates to those with very high rates.
• Many visa officers maintained that they regularly faced pressures from host country
officials, other sections and agencies, and senior management at their missions, and from
interested parties in the United States, including Congress, to issue visas — but rarely, if ever, to
refuse applicants.
• Earlier, in 1986, Congress authorized the Visa Waiver Pilot Program, allowing
citizens of participant countries to visit the United States for up to 90 days without obtaining a
visitor visa, completing a visa application, or being subject to an interview by a consular officer.
The criteria for a country's participation in the program include a very low rate of visitor visa
refusals and reciprocal treatment of U. S. citizens. Twenty-eight countries currently participate
and, in 2000,17.6 million of their citizens visited the United States.4
3 Although the two countries met the Visa Waiver Pilot Program requirement for very low refusal rates
prior to September 11,2001, both failed a second criterion of declaring their willingness to provide
reciprocal visa treatment for U. S. citizens visiting their countries.
4 General Accounting Office Report on Border Security: Implications of Eliminating the Visa Waiver
Program, No. GAO-03-38, November 2002.
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• Despite the first attack on the World Trade Center in February 1993, terrorism and
security were perceived primarily as threats against U. S. missions abroad. The 1998 bombings
of the U. S. embassies in East Africa convinced diplomatic security officers that large crowds of
visa applicants were a major problem. Crowds were perceived as both a threat from terrorists in
their midst and a magnet attracting bombers. Security and consular officers worked together to
limit and control access to consular sections. Their focus was on protecting Department
personnel and property rather than screening out terrorist visa applicants.
• Some missions found travel agents useful in assisting visa applicants to fill out their
applications and verifying their financial ability to pay for a tour to the United States. Consular
officers must adjudicate these applications, interview the applicants as appropriate, and must
always check them in CLASS before issuing visas. Incidentally, with the Department's full
endorsement, the so-called Visas Express program was established for the two Saudi missions in
May 2001. Under the program, visa applicants were required to submit their applications
through any often designated in-country travel agencies for subsequent adjudication by consular
officers. Although four of the Saudi hijackers received their visas through the program after
May 2001, Visas Express did not affect whether or not they were issued visas or subjected to an
interview.
• The primary tool for terrorist screening available to consular officers is CLASS. All
visa applicants must be checked against this database before a visa can be issued. In determining
whether visa applicants were suspected of being terrorists or posed security risks, consular
officers relied essentially on CLASS. Absent a negative entry in CLASS or an actual admission
of ineligibility, it is possible for a terrorist applicant to obtain a visa. None of the names of any
of the September 11,2001 terrorists were in CLASS at the time they applied for visas.
Procedurally, an era of inadequate staffing and support resources prompted the Bureau of
Consular Affairs (CA) to encourage consular sections to carry out every possible efficiency, such
as limiting consular officer participation in the visa process to those cases considered most
difficult to adjudicate. The missions in Saudi Arabia and the U.A.E. responded to these resource
pressures by routinely waiving personal interviews for so-called good visa cases, that is, those of
their host country nationals. Berlin was similarly strapped for staff. There were simply not
enough visa officers available to interview more than a handful of applicants at any of the five
consular sections.
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S/S 200400123
United States Department of State
AC 2K20
January 5, 2004
SENSITIVE BUT UNCLASSIFIED
I(^fftrJL'T^il^^-^
a -
Karl Hofmarfn
Hofmai
Executive Secretary
Attachments:
Tab 1 December 19, 2003 memorandum from Department
of Justice.
Tab 2 Answers to the questions posed in the
December 19, 2003 Department of Justice
memorandum .
MEMORANDUM
sar
Jx-c- I I . Hamilton
VICKOIMR To: Daniel Levin, Department of Justice
Richard Bcn-Venistc
From: Daniel Marcus, General Counsel
Fred !•'. Fielding
1. Please describe your organization's role in supporting counter terrorism activities prior
to September 11,2001, and your agency's CT role today.
A. INR played an active CT role before September 11 and continues to do so. Working both
independently and in cooperation with our colleagues in the rest of the 1C, ENR analysts
track, monitor, and analyze all-source reporting on terrorism. Our primary customer is
the Secretary of State. INR officers work with the 1C to ensure that State's counter -
terrorism needs are reflected in collection plans, future architecture and resource
decisions, and that intelligence operations support U.S. diplomacy and combat terrorism.
Our reporting and analysis for the Secretary and other Department officials supports the
counterterrorism goals embodied in the DCI's Intelligence Imperatives for our Nation's
Security: to win the war on terrorism, warn of impending threats, and protect America.
Win the War on Terrorism - INR analysis seeks to improve the USG's understanding of
foreign terrorist operations. Our focus is on areas of critical concern including terrorist
support networks, access to weapons of mass destruction, terrorist financing and terrorist
links to local groups in all regions. Our work directly contributes to the USG's efforts to
identify, disrupt, and destroy terrorist infrastructures and activities.
Warn of impending threats - Using all-source intelligence, INR continuously monitors
issues, situations, and countries that could pose a threat to the national security of the
U.S. and alerts policymakers so that threats can be mitigated through diplomacy. To
reduce the threat of weapons of mass destruction to the United States and our allies, INR
supports the prevention or interdiction of transfers of nuclear, biological, or chemical
weapons related goods, as well as missiles and advanced conventional weapons to
countries of concern. INR is a key player in the policy community's efforts to prepare
and vet demarche language based on intelligence to combat proliferation of WMD,
technologies, and arms.
Protect America - INR regularly advises, drafts, and/or coordinates with the rest of the 1C
on terrorist-related threat warnings. In addition, from 1987 through FY 2003, INR served
as home to the TIPOFF program - an electronic database that tracks known or suspected
terrorists and helps prevent their entry into the United States. In FY 2004, the majority of
the TIPOFF staff and its activities were integrated with the Terrorist Threat Integration
Center (TTIC) and the Terrorist Screening Center (TSC) in accordance with Homeland
Security Presidential Directive (HSPD) - 6. The TIPOFF database is helping provide the
foundation for a comprehensive national system for screening terrorists. These changes
will consolidate the U.S. Government watchlist function and strengthen our national
counter terrorism effort.
2. How do you decide between counterterrorism and other high priority intelligence
collection and analysis activities? Who makes these decisions? How do you allocate
resources in accordance with these priorities?
A. The Assistant Secretary of State for INR establishes our reporting and analysis priorities
in order to best meet the intelligence needs of the Secretary of State. In addition, the
bureau obtains general guidance from the following two US foreign policy documents:
The National Security Strategy of the United States of America - Published in September
2002, Goal 3 of this document calls for the United States to strengthen alliances to defeat
global terrorism and work to prevent attacks against us and our friends.
The FY 2004-2009 Strategic Plan of the US Department of State and US Agency for
International Development - This plan includes the strategic counterterrorism goal of
preventing attacks against the United States, our allies, and our friends, and strengthening
alliances and international arrangements to defeat global terrorism. Counterterrorism
goals are also reflected in strategic goals concerning homeland security, weapons of mass
destruction, and the welfare of American citizens overseas.
In allocating resources to meet our counterterrorism reporting and analysis priorities, INR
draws upon the full range of its analytical resources. While the Office of Terrorism,
Narcotics, and Crime Analysis (TNC) has INR's counterterrorism lead, TNC regularly
consults with and draws upon the expertise of fellow analysts in INR's regional and
functional offices.
4. How are your organizations' priorities linked to guidance from the Secretary of Defense
and/or the Director of Central Intelligence? Are your priorities solely directed by the
cabinet secretary or agency head that leads your department or agency?
A. hi addition to priorities dictated by the intelligence requirements of the Secretary of State,
INR takes general guidance from the Director of Central Intelligence (DCI). Direction
regarding our reporting and analysis priorities is derived from the DCI's Intelligence
Imperatives for Our Nation's Security, published in 2002. Also guiding INR's priorities
is the state of priorities for the intelligence community embodied in National Security
Presidential Directive (NSPD) - 26, issued in February 2003.
weapons of mass destruction, terrorist financing, and terrorist links to local groups in all
regions. Our work directly contributes to the USG's efforts to identify, disrupt, and
destroy terrorist infrastructures and activities.
INR's overall strategy to meet its counterterrorism responsibilities is embodied in the
Bureau Program Plan (BPP). A primary element in our strategy is the recognition that
trained, experienced, and motivated officers and support staff are key to evaluating
terrorism threats and supporting the Department's counterterrorism activities. INR seeks
to provide an effective level of trained and motivated officers and staff for counter-
terrorism analysis. INR encourages officers and staff to take advantage of "in-service"
training opportunities whenever possible.
Also key to the strategy to meet INR's counterterrorism responsibilities is the ability to
quickly access and disseminate counterterrorism reporting and analysis. Toward that
end, INR also supports the E-Govemment initiative of the President's Management
Agenda (PMA). This has included expanding the use of SIPIRNET in Washington and at
overseas posts, launching a fourth website on Intelink, allowing Department officers in
Washington and overseas to instantly access critical intelligence material.
6. Please describe your agency's linkages to the following entities: Terrorist Threat
Integration Center (TTIC); CIA Counterterrorist Center (CTQ; DIA Joint Task Force
for Counterterrorism; FBI Counterterrorism Division; DHS Information Analysis and
Infrastructure Protection Directorate (IAIP).
A. Officers in INR's Office of Analysis for Terrorism, Narcotics, and Crime (INR/TNC)
maintain working relationships with their counterparts in the above-mentioned entities.
INR/TNC officers regularly consult with their counterparts. INR is also an active
participant in the National Terrorism Threat Warning System and is part of the core
group of seven Intelligence Community (1C) entities that drafts and/or clears on 1C
warnings and threat assessments.
8. Please identify the responsible policy official for CT issues in the Intelligence
Community from whom you take direction and guidance.
A. INR takes its primary direction and guidance for CT reporting and analysis from the
Secretary of State. With regard to coordination and activities as a member of the 1C, INR
also takes guidance on priorities from and consults with the DCI.
The IAIP combined the legacy capabilities of the Department of Energy's Office
of Energy Assurance, the General Services Administration's Federal Computer
Incident Reporting Center (FedCIRC), the Federal Bureau of Investigation's
National Infrastructure Protection Center, the Department of Commerce's Critical
Infrastructure Assurance Office, and the Department of Defense's National
Communications System, with the mission requirement to leverage these existing
capabilities, and to broaden and enhance them to provide information and services
to the federal government, state and local officials, and the private sector. As an
example of this broadening of legacy missions, IAIP maintains continual
situational awareness of the nation and its borders through the Homeland Security
Operations Center (HSOC). HSOC currently houses 26 federal (both Intelligence
and law enforcement) and local agencies, which provide a continual stream of
information which is further analyzed or transmitted to the appropriate federal or
local law enforcement agency for action.
Today, IAIP is providing the full range of intelligence support to DHS leadership,
mapping terrorist threats to the homeland against assessed vulnerabilities in order
to protect against terrorist attacks, conducting independent analysis of terrorist
threats to the homeland in the form of tailored, competitive and red team analysis,
developing requirements for collection of intelligence and threat-related
information, and coordinating information exchanges between the Department
and state and local governments and the private sector. Please see attached Fact
Sheet on IAIP, and its relationship to the Terrorist Threat Integration Center.
vulnerabilities of the key resources and critical infrastructure of the United States,
to integrate relevant information, analyses, and vulnerability assessments in order
to identify priorities for protective and support measures by the Department, other
agencies of the Federal Government, State and local government agencies and
authorities, the private sector, and other entities.
IAIP consults with State and local governments and private sector entities to
ensure appropriate exchanges of information, including law enforcement-related
information, relating to threats of terrorism against the United States. To the
extent that this question seeks information about non-terrorism-related
intelligence collection and analysis and the relative priority of such activities vis-a-
vis counterterrorism activities, given lAIP's overriding statutory mission, the
question is largely inapplicable to IAIP.
IAIP has allocated the resources it received from the passage of the Homeland
Security Act after extensive consultation by the leadership team, though some
flexibility will be required as DHS continues to mature and develop an operational
history of its own in order to determine how best to allocate resources to better
meet mission requirements.
4, How are your organization's priorities linked to guidance from the Secretary
of Defense and/or the Director of Central Intelligence? Are your priorities
solely directed by the cabinet secretary or agency head that leads your
department or agency?
The priorities for IAIP are set forth in the Homeland Security Act and by applicable
Presidential Directives, and are administered by the Secretary for Homeland Security,
Tom Ridge, and the Under Secretary for Information Analysis and Infrastructure
THU 10:43 FAX 1^006
As noted above, IAIP is a full partner in - in effect a "part owner of — TTIC; our
officers work day-in-day-out at TTIC, participating in processing and analyzing
terrorist threat-related information, shaping and disseminating TTIC products,
assessing gaps in available information, and ensuring that TTIC products reach
appropriate DHS Headquarters elements, as well as appropriate state, local and
private sector officials. The CIA, DOD, and FBI, as well as others, also are full
partners in the TTIC joint venture, and, as a result, IAIP is closely linked to them
through its work at TTIC.
IAIP, of course, did not exist until March 2003. From our perspective, however,
information sharing on Counterterrorism issues has increased greatly even since
IAIP came into being. Not only are members of the 1C communicating well,
including through frequent face-to-face and electronic meetings, vastly enhanced
dissemination of information throughout not just the traditional "1C," but with the
broader law enforcement and homeland security communities. New ways of
doing business, including IAP itself, as well as, of course, the TTIC, and the
Terrorist Screening Center, are improving every day our ability not onlyto better
develop a better threat picture but to act rapidly to reduce our vulnerabilities and
to prevent threatened attacks against us. IAIP is currently assessing and analyzing
threat information from all sources, including the 1C, and sharing the results at an
unprecedented rate, at appropriate levels, with state and local homeland security
officials and the private sector.
8. Please identify the responsible policy official for CT issues in the Intelligence
Community from whom you take direction and guidance.
FACT SHEET:
DHS Directorate of Information Analysis and Infrastructure Protection
Summary
• Supporting the work of all of DHS' components, including the Directorates of Border
and Transportation Security, Science and Technology, and Emergency Preparedness
and Response. This analytic support will also be provided to DHS' decisionmakers
under pending Bioshield legislatioin, if enacted;
• Analyzing terrorist threats to the homeland, both at DHS Headquarters, and through
IA analysts physically located at TfTIC;
i
• Developing requirements for the collection of intelligence and other information
related to terrorist threats to the homeland for use by the Intelligence Community and
U.S. law enforcement agencies; |
intelligence gaps and communications failures. This linkage of information access and
analysis on the one hand and vulnerabilities analysis and protective measures on the other
is what is entirely new, and unduplicated elsewhere, about the President's vision for
DHS. i h i
Partnership with State and Local Governments and the Private Sector.
Unlike other members of the Intelligence Community, including others represented at the
TTIC, IA has both the authority and responsibility for providing Federally-collected and
analyzed homeland security information to drst respbnders and other state and local
officials and, as appropriate, security managers and other key private sector contacts.
Likewise, only IA, in coordination with IP, is in the position effectively to manage the
collection from state and local governments, jand private sector officials, of the crucial
homeland security-related information that maybe, in the first instance, available only to
those officials. DHS will work closely with pther U.S. Government agencies to
coordinate relations with state, local, and private sector officials, including coordinating
with FBI on contacts with state and local law enforcement.
; ! I
I ' !
Beyond the unique IA-IP partnership] IA is al|so the central information nerve
center of DHS' efforts to coordinate the protection of U.S. homeland security. IA will:
|j ;
i | j
• Facilitate the creation of requirements; on behalf of the Secretary and DHS
leadership, to other DHS components, and to the intelligence Community, and law
enforcement, informed by the integration! of homeland-security-related intelligence
from all sources with vulnerability and risk assessments for critical infrastructure
prepared by IP; ,j
• ' j i
hi carrying out their analysis, IA analysts at DfHS Headquarters not only will have
access to all relevant information from U.S^ intelligence and law enforcement agencies
and from officials in state and local governments and! the private sector, but they will be
able to reach out, via the IA analysts located at TTICJ to leverage then1 expertise and
direct contacts to the overall U.S. counterterrorism operational and analytic efforts co-
located there. DHS/D? will rely upon the analysis produced by IA, to help determine
priorities for protective and support measures apd provide them to federal, state, and local
government agencies and authorities, and to private sjector entities. In support of its
mission, DHS/IP will drive, through and with IA, requirements to the Intelligence
Community, law enforcement, and other parts of DHS, to ensure that vulnerabilities and
threats are correlated and appropriate protective actions are defined and implemented.
i ':
:!v |= i - i |
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:i'- I !iH .
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Document Number: 1996STATE113143 Channel: n/a
PTQ7091
UNCLASSIFIED PTQ7091
113143
SOURCE: KODAKB.010087
DRAFTED BY: CA/FPP : TWSMITH, DS/CR/VF WROOT TWS
APPROVED BY: CA:MARYAN, DS:EBOSWELL
CA: RADAVIS DS:GBUJAC
CA : DHAMILTON DS/CR/VF :; CDECAMPLI
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FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS
SPECIAL EMBASSY PROGRAM
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1994 CASES
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1995 CASES
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IN VISA FRAUD. THE FSN NEVER DELIVERED THE VISA AND THE
POLICE OPERATION WAS TERMINATED, THOUGH THE EVIDENCE WAS ""
SUFFICIENT TO TERMINATE THE FSN.
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SUBJECT: Response to OIG Request for Information on Non-Immigrant Visa Issuance Policies
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Visa Law Group - Immigration Attorneys At Law Page 1 of4
ATTENTION
Are you a client? If yes, click the "seeMyCase" icon above and Available for aliens seeking professional I
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H Visa: requires at least a four year bachelor's dt
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Visas: an Overview
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Visas: an Overview
Immigration • Nonimmigrant Visa Categories
Resources
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* General Information
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* Immigrant Visas
« Nonimmigrant Visas A visa grants a foreign national permission to enter the United
4 Foreign Medical
States. A "nonimmigrant visa" permits a foreign national to
Graduates remain in the United States temporarily, usually to work, to visit
* LiDM relatives or to attend school. Most nonimmigrant visas are not
subject to numerical caps.
Practice Areas An "immigrant visa" (also known as a "green" card or permanent
Work For Us resident status) permits a foreign national to remain in the United
States permanently. A permanent resident has the right to
Feedback become a naturalized U.S. citizen after three to five years.
Immigrant visas are numerically limited by country and by class,
Site Map e.g. family relationship or job skills.
To enter or to stay in the United States as a nonimmigrant or
Home
immigrant usually requires several steps. First, a foreign national
or his or her employer or relative often files an application with
Search Our Site the U.S. Immigration and Naturalization Service (INS) to be
classified in one of the nonimmigrant or immigrant visa
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[ SEARCH] national may need to go to a U.S. embassy or consulate
overseas to have a visa stamped in his or her passport. This
stamp indicates the visa class and the date of issuance and
expiration. At the border, an immigration inspector will review the
visa stamp and issue an admission card (Form 1-94 for
nonimmigrants). The inspector can authorize admission for any
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The following is a list of common nonimmigrant and immigrant
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