Impact of the Technology Alert List on Visa Acquisition
Due to heightened concern for national security, international faculty, scholars, and students seeking U.S. visas:
- from countries designated as “state sponsors of terrorism” (Cuba, Libya, Iran, Iraq, North Korea, Sudan, Syria);
- from countries considered to possess nuclear capability (China, India, Israel, Pakistan, and Russia); or
- engaged in activities designated on or related to the Critical Fields List
often encounter lengthy delays due to the imposition of additional security clearances (Visa Mantis Check) related to the Technology Alert List (TAL). The purpose of this is to protect national security by preventing the export of "goods, technology, or sensitive information" through activities such as "graduate-level studies, teaching, conducting research, participating in exchange programs, receiving training or employment, or engaging in commercial transactions."
When a student or scholar applies for a visa, the Consular Official must make a decision about whether the research area fits within one of the categories of the TAL. If the Consular Official is unsure about whether the research area fits into the category or has concerns, he/she may send the visa application to the Department of State in Washington D.C. for advisory assistance. In general, this review may take 1-7 months depending on the case. Foreign nationals may be denied a visa if their proposed activity is subject to U.S. technology transfer laws.
Due to security concerns, the U.S. government does not currently post the actual TAL on their public website; a 2002 U.S. Department of State Visa Office cable to consular sections around the world can be accessed online. General TAL information can be found on the Department of State website.
Visa—To Renew or Not to Renew?
Foreign nationals in F-1 and J-1 status should carefully assess whether or not visa renewal is necessary as they may remain in the U.S. with an expired visa if they are still pursuing the same objectives and all of their other immigration documents are valid (e.g., passport, I-20 or DS-2019). Please note however that individuals with expired visas would not be eligible to travel outside the U.S. and gain re-entry unless the travel was to Canada, Mexico, or an adjacent Island and they were eligible for automatic visa revalidation.
If foreign nationals who appear to be subject to the Visa Mantis Check intend to renew their visa they should be prepared to provide the Consular Official with as much information as possible (from the applicant and relevant academic department) regarding their academic endeavors in addition to required visa application materials (F-1 Students, J-1 Exchange Visitors) and any other materials required by a foreign national’s home embassy.
An advisor or supervisor of a current or prospective student or scholar who must apply for a U.S. visa should consider providing additional support as noted below including a letter addressing the TAL issue (as related to an individual’s course of study and research) in support of the foreign national’s visa application. Additional support includes:
- Copy of the University brochure in which the academic program is listed
- Letter from the academic advisor/department regarding the degree program with a detailed explanation of the content of the courses that could be considered related to the TAL. If no course work is related, please note and explain this.
- Letters of recommendation from professors in support of student’s character
Academic Department Support Letter Guidelines
An effective support letter will directly address the TAL issue and clearly illustrate how the research is not related to sensitive areas listed in TAL. Address the letter to "Dear Consular Officer," and explain the nature of the student or scholar's research in layman's terms. Avoid using overly-technical language. If the nature of the research is theoretical, this should be clearly stated. If the research is applied, the application should be explained. An advisor should address TAL categories to offer an informed opinion as to whether the research fits into it or not. This letter should be addressed to the appropriate consulate. Contact information is available on the US Department of State embassy webpage.
Visa Applicant
A foreign national applying for a U.S. visa should obtain the following:
- Copy of departmental description of the degree program
- Specifics of program of study and research
- Current official transcript
- Complete resume
- List of publications and presentations (including samples)
- Letters of recommendation (current and any previous institutions- foreign or domestic)
- Sources of funding for education
- If student has an assistantship, obtain a description of the employment from your research advisor or department. Also include your appointment letter.
Once a foreign national’s visa application is sent to the Department of State for review, there is little that can be done. An advisor or supervisor may wish to contact a U.S. Congressional representative for assistance. However, even with congressional intervention, national security needs may outweigh the advisor or department's concern about delayed arrival of a student or researcher.