9 FAM 601.8
(U) Nonimmigrant Visa Referral and Priority Appointment
Request Programs
(CT:VISA-925; 08-16-2019)
(Office of Origin: CA/VO/L/R)
9 FAM 601.8-1 (U) OVERVIEW
9 FAM 601.8-1(A) (U) In General
(CT:VISA-349; 04-20-2017)
a. (U) In
General: The INA confers upon a consular officer exclusive authority to
issue nonimmigrant visas, precluding even the Secretary of State from
controlling determinations.
b. (U) Advocacy by U.S. Government
Officials:
(1) (U) Advocacy
Generally Prohibited: Advocacy for issuance of a visa by a U.S.
government official under Chief of Mission (COM) authority generally is
prohibited.
(a) (U) Two programs exist for
officials under COM authority to advocate for the issuance of a nonimmigrant
visa or for special processing consideration of a nonimmigrant visa
application. Those programs are:
(i) (U) the Nonimmigrant Visa
Referral Program; and
(ii) (U) the Nonimmigrant Visa
Priority Appointment Request Program.
c. (U) Section Chief
Responsibility:
(1) (U) The Consular Section
Chief is responsible for maintaining the integrity of the referral and priority
appointment request programs, and for verifying that those programs comply with
this guidance.
(2) (U) In larger consular
sections, the Consular Section Chief may delegate the responsibility for the
Nonimmigrant Visa Referral Program and the Nonimmigrant Priority Appointment
Request Program, including providing the mandatory briefings, adjudicating
referrals and safeguarding the integrity of the programs, to another senior
consular manager whose position is FS-01 or more senior.
(3) (U) References to the
Consular Section Chief throughout 9 FAM 601.8 should therefore be read as "Consular
Section Chief or designated senior consular manager(s) of FS-01 or higher
rank", unless specifically noted otherwise.
d. (U) Briefing Required:
Officials, regardless of position, must attend a referral/priority appointment
request program briefing provided by the Consular Section Chief, read the
Nonimmigrant Visa Referral Program Executive Summary and/or the Nonimmigrant
Visa Priority Appointment Request Program Executive Summary, and sign the
Nonimmigrant Visa Referral and Expedited Appointment Request Programs
Compliance Agreement prior to submitting referrals or priority appointment
requests.
e. (U) Participation Not Mandatory:
An official is not required and cannot be compelled to make a referral or
priority appointment request. However, any official who wants to advocate for
an issuance of a nonimmigrant visa or request a priority appointment must
comply with this guidance.
9 FAM 601.8-1(B) (U)
Nonimmigrant Visa Referral Program
(CT:VISA-925; 08-16-2019)
(U) 9 FAM 601.8-3,
Nonimmigrant Visa Referral Program below,
details who may make a referral, who may approve a referral, how a referral is
processed, and consular section responsibilities for the Nonimmigrant Visa
Referral Program.
9 FAM 601.8-1(C) (U)
Nonimmigrant Visa Priority Appointment Request Program
(CT:VISA-925; 08-16-2019)
(U) 9 FAM 601.8-4,
Nonimmigrant Visa Priority Appointment Request Program below, details who may make a priority
appointment request, who may approve a priority appointment request, how a
priority appointment request is processed, and consular section
responsibilities for the Nonimmigrant Visa Priority Appointment Request
Program.
9 FAM 601.8-1(D) Unavailable
(CT:VISA-925; 08-16-2019)
Unavailable
9 FAM 601.8-2 (U) Advocacy and
information sharing
9 FAM 601.8-2(A) (U) Prohibition
on Advocacy Outside of the Nonimmigrant Visa Referral and Priority Appointment
request programs
(CT:VISA-925; 08-16-2019)
a. (U) Advocacy for visa
issuance, priority appointments, or other special processing courtesies outside
of the Nonimmigrant Visa Referral Program or Nonimmigrant Visa Priority
Appointment Request Program is strictly prohibited. Attempts to influence
visa case processing outside of these programs by any official under COM
authority who does not have direct official responsibilities for the case are
categorically prohibited.
(1) (U) The only appropriate
venue for expressing a preference that a case be issued is the Nonimmigrant
Visa Referral Program and such preference may be expressed only to the extent
permitted under that program.
(2) (U) The only appropriate
venue for requesting priority appointment and other courtesies is the
Nonimmigrant Visa Priority Appointment Request Program, and such requests are
permitted only to the extent provided under the program.
(3) (U) U.S. government
personnel based in the United States or a third country and U.S. government
personnel based in country but not included in the relevant definition of
"referring officials" below, are not authorized to submit referrals
or priority appointment requests, or to advocate for visa issuance on behalf of
an applicant. Please see 9 FAM 403.3-3
for more information on scheduling appointments.
b. (U) If a U.S. government
official refuses to, or is not authorized to, use either program, you may not
make any special arrangements to handle a case based on requests from that
individual. Instead, direct the individual to post's website for information
on how the applicant can make a visa appointment.
c. (U) Employees overseas and
in domestic assignments (including locally employed staff) may not use their
official email or Department letterhead to communicate with a post about a
personal visa matter, such as the case of a relative or friend. When
communicating with a post or the Department about a personal visa issue,
Department employees must write only to the public inquiries addresses and must
not use their professional access to information about a post to identify a
particular consular manager or officer.
9 FAM 601.8-2(B) (U)
Information Sharing outside of the Referral System
(CT:VISA-925; 08-16-2019)
a. (U) The distinction between
advocacy and general information sharing is an important one that consular
managers should bear in mind.
(1) (U) Advocacy, outside the
framework of the referral system, is prohibited.
(2) (U) General information
sharing, however, is encouraged as part of a coordinated effort to ensure that
visa adjudications are as accurate as possible, and that officers are familiar
with conditions in their consular district.
(a) (U) For example, this
guidance does not prohibit officials from other sections of the mission from
sharing non-security derogatory information about actual or potential visa
applicants that could be reviewed for inclusion in the lookout system
(security-related information should be handled using Visas Viper procedures).
(b) (U) In the same vein, the
economic or commercial sections might share information about a company or
industry encountering difficulties, or rapid growth, not yet apparent to the
media or the general public.
(c) (U) Other sections might
also be aware of the planned travel by a government, business, or cultural
delegation and can provide this information to the Consular Section Chief. All
such information must be passed to the Consular Section Chief.
(3) (U) No information,
positive or negative, should be directed to line officers, eligible family
members (EFMs) or locally employed staff (LE staff). Line officers, EFMs, or
LE staff approached or contacted regarding visa cases must report the matter to
their consular manager.
(4) (U) Consular managers, as
part of their visa adjudication reviews, can also consult other mission offices
for information about an applicants position, business, or other factors
relevant to visa adjudication.
b. (U) Consular Section Chiefs
must use proper discretion in determining the difference between information
sharing and advocacy regarding key contacts, and determining whether or how
this information should be provided to line officers. Please also see 9 FAM 403.3-3
for more information on scheduling appointments. As a reminder, any
information shared by the consular section regarding a visa refusal is for
internal use only and is not to be shared with the contact or any other person.
9 FAM 601.8-3 (u) nONIMMIGRANT
VISA REFERRAL Program
9 FAM 601.8-3(A) (U) Overview
(CT:VISA-349; 04-20-2017)
a. (U) What is a Referral? A
referral is a request by an authorized U.S. government official (the referring
official) for an expedited appointment, other courtesies, and issuance of a
visa. All relevant immigration law and policy applies to the visa
adjudication; the consular section will take the advocacy of the referring
official into consideration when adjudicating the visa.
b. (U) Mission-Specific Procedures: The
Chief of Mission (COM), Deputy Chief of Mission (DCM), or Principal Officer
(PO) is responsible, in conjunction with the consular section, for developing
formal written mission-specific referral procedures consistent with this
guidance.
(1) (U) Mission-specific
procedures should be tailored to fit the unique circumstances of the consular
section.
(2) (U) Mission-specific
procedures must be consistent with this guidance and must not circumvent this
guidance.
b. (U) Executive Summary: An
Nonimmigrant Visa Referral Program Executive Summary is available. In addition
to the required briefing, the Consular Section Chief must provide the
Nonimmigrant Visa Referral Program Executive Summary to referring and approving
officials to read prior to signing the Nonimmigrant Visa Referral and Expedited
Appointment Request Programs Compliance Agreement.
9 FAM 601.8-3(B) (U) Making
Nonimmigrant Visa Referrals
9 FAM 601.8-3(B)(1) (U) Who
May Make and Approve a Nonimmigrant Visa Referral
(CT:VISA-925; 08-16-2019)
a. (U) Referring Officials:
(1) (U) Not
an Obligation: No official is required or can be compelled to
participate in the program, or if participating, to refer a specific applicant.
(2) (U) Requirements for Referring
Officials: To submit a referral, an individual must:
(a) (U) Be a U.S. citizen,
direct hire or Expanded Professional Associates Program (EPAP) or AEFM hire,
encumbering an NSDD-38 authorized position or serving in a long-term TDY role
(of more than 121 days) in place of a permanently stationed direct hire who falls
under COM authority and encumbers an NSDD-38 position as defined by the human
resources (HR) section at post;
(b) (U) Attend a referral
briefing with the Consular Section Chief; and
(c) (U) Submit a signed and
dated Nonimmigrant Visa Referral and Expedited Appointment Request Programs
Compliance Agreement to the Consular Section Chief.
(3) (U) Multilateral
Missions: Officials meeting the above requirements at a multilateral
U.S. mission overseas (NATO, OECD, etc.) may submit referrals to the consular section
with jurisdiction over their geographic region.
(4) (U) Multi-Post Missions: Officials
may submit referrals at constituent posts in the same Mission where they are
assigned.
(5) (U) Posts
Without Visa Services: Officials at posts without visa services who
otherwise meet the requirements in paragraph (a)(2) above may submit referrals
to the designated consular section(s) where host country applicants are
directed to apply for visas.
(6) (U) Individuals
with Regional Responsibilities:
(a) (U) Officials with regional responsibilities
(such as Legal Attaches, Regional Medical Officers, etc.) who meet the
requirements in paragraph (a)(2) above may submit referrals to the various
consular sections within their region.
(b) (U) The
consular section chief in the consular section receiving the referral should
request a copy of the compliance agreement from the consular section that
provided the referral briefing.)
b. (U) Approving Officials:
(1) (U) Who May Approve: The
chief of section/agency head of the referring official's section or agency must
approve each referral.
(a) (U) Absences: In the absence
of a section/agency head or acting head, the PO (if at a consulate), the DCM,
or Ambassador must approve the referral.
(b) (U) When CG or PO is the Referrer:
For consulates, where the Consul General (CG) or PO is the referring official,
the COM or DCM of the overall mission must be the approving official.
(c) (U) Dual
Referring and Approval Authority: Only the Ambassador, the DCM, or
Charg d'Affaires may serve as both the referring and approving official on the
same referral.
(d) (U) Approval Where There are No
Visa Services: A referring official from a post where there are no visa
services must obtain approval from his or her COM, DCM, or PO in order to
complete the referral.
(2) (U) What is Approved? In
signing the referral, the approving official is certifying that:
(a) (U) the case meets the
criteria set forth in this guidance, including that the referring official
meets the requirements above, the referral furthers a U.S. government interest
or a compelling mission priority, and the applicant meets the criteria below;
(b) (U) to the best of his or
her knowledge the applicant does not constitute a threat to the safety or
national security of the United States; and
(c) (U) he or she is requesting
the issuance of the visa.
(d) (U)
Note that the
approving official need not know the applicant personally.
(3) (U) Briefing Required: Prior
to approving referrals, the approving official must attend the referral
briefing with the Consular Section Chief and sign the Nonimmigrant Visa NIV
Referral and Priority Appointment Request Program Compliance Agreement.
9 FAM 601.8-3(B)(2) (U)
Nonimmigrant Visa Referral Criteria
(CT:VISA-925; 08-16-2019)
a. (U) In General: A referral
is permitted only when it furthers a U.S. national interest or compelling
mission priority (see 9 FAM
601.8-3(B)(2) paragraph d below).
b. (U) Prohibition: Referrals
may not be submitted for domestic staff, i.e., nannies, medical assistants,
etc., including those working for mission personnel.
c. (U) Criteria: To qualify
for a referral, the following three conditions must be met:
(1) (U) The referring official
must certify that assisting the contact directly furthers U.S. national
interests or mission priorities (see 9 FAM
601.8-3(B)(2) paragraphs d and e below);
(2) (U) The contact must be
personally and favorably known to the referring official (see 9 FAM
601.8-3(B)(2) paragraph f below); and
(3) (U) The contact must not
have been refused a visa within the last two years unless the refusal has been
subsequently overcome or waived (see 9 FAM
601.8-3(B)(2) paragraph g below).
d. (U) U.S. National Interest: For
purposes of referrals, the national interest includes, but is not limited to,
assisting the travel of a contact who directly furthers or significantly
promotes the priorities of the Department and/or the United States government
as a whole both internationally and domestically. For examples of some
instances of appropriate referrals see paragraph i. below.
e. (U) Mission Priorities: For
purposes of referrals, compelling mission priorities include but are not
limited to, assisting an individual who directly support the mission or
promotes the interests or public diplomacy efforts of the mission, consistent
with the missions strategic plan or similar document. For examples of
appropriate referrals see paragraph i. below.
f. (U) Personally and Favorably
Known:
(1) (U) Requirement:
"Personally and favorably known" means the referring official attests
in writing that he or she has ongoing interaction with the contact, and that
the contact is not believed to constitute a threat to the national security of
the United States. A single meeting for the sole purpose of making the
referral is not sufficient to meet this requirement.
(2) (U) Exception: The only
exception to this requirement is for a qualifying family member per paragraph
h. below.
g. (U) Previous Refusals:
(1) (U) If the contact has
been a refused a visa, in any class, the contact is not qualified for a
referral, unless the refusal was subsequently overcome, waived, or two years or
more have passed since the refusal.
(2) (U) The referring official
must ask the contact about previous visa refusals, the date of the refusal and
any overcome or waiver of such refusal before submitting the referral. If the
contact indicates he or she was refused within the previous two years and that
refusal was not overcome or waived, a referral may not be submitted for that
contact.
h. (U) Qualifying Family Members:
Spouse, same-sex domestic partner (as described in 9 FAM
402.3-4(J)(4)), child(ren) (see the
definition of "child" in 9 FAM 102.8)
and parent(s) (of both the contact and his/her spouse) of a contact for whom a
referral is submitted may be included on the referral. Contact CA/VO/F for
guidance on cases involving unmarried adult (over the age of 21) children with
disabilities.
(1) (U) A qualifying family
member may be referred independently so long as all of the above criteria are
met and the contact's qualifications are clearly documented, i.e. the contact
already has a visa, or his or her family is traveling without the contact.
(2) (U) The referring official
need not know the qualifying family member of the contact.
i. (U) Examples of Contacts Who May
Be Eligible for Referrals: It is appropriate to submit a referral for a
contact who meets criteria above and falls within one of the following categories:
(1) (U) Individuals who
directly further U.S. national interests or compelling mission priorities,
including high-level post contacts and influential, prominent figures in the
government or in professional, business, scientific, artistic, or academic communities;
(2) (U) Individuals who
significantly promote U.S. public diplomacy efforts in the host nation,
including distinguished members of the government, professional, business,
scientific, artistic, and academic communities who warrant special consideration;
(3) (U) Locally employed staff
(LE staff) traveling to the United States for official U.S. government
purposes.
9 FAM 601.8-3(B)(3) Unavailable
(CT:VISA-521; 03-14-2018)
Unavailable
9 FAM 601.8-3(B)(4) (U)
Submitting a Nonimmigrant Visa Referral
(CT:VISA-925; 08-16-2019)
a. (U) In General:
(1) (U) To submit a referral
the referring official must provide to the Consular Section Chief in a sealed
envelope or by email:
(a) (U) The DS-5533 referral
form; and
(b) (U) A copy of the contact's
DS-160 confirmation page.
(2) (U) All other
documentation, including the contact's passport, visa photo, proof of payment
of applicable visa fees, and supplemental documentation required for the visa
type (i.e., an I-20 for a student visa applicant or a DS-2019 for an exchange
visitor) should be submitted by the contact at the time of the interview or
pursuant to post's established application procedures.
(3) (U) The referring official
must not collect any fees from the contact.
b. (U) Completing the DS-5533: The
DS-5533, Nonimmigrant Visa Referral, is the only mechanism for referring
officials to submit referrals.
(1) (U) The DS-5533 is for
internal communication only and must not be given (original or copy) to the
contact.
(2) (U) The referring official
must fully complete and sign the DS-5533 for the primary contact, listing any
qualifying family members on the same form. (For non-family groups travelling
together, each contact must have a DS-5533).
(3) (U) The Consular Section
Chief must reject a DS-5533 that is incomplete or submitted for a contact who
does not qualify for a referral. Rejected referrals will be documented on the
DS-5500, Referral Rejection/Refusal, which will be delivered to the referring
official with a copy retained in consular section files. (See 9 FAM
601.8-3(F))
(4) (U) The completed DS-5533
must detail:
(a) (U) How the contact is known
to the referring official, and the degree to which the referring official has
interactions with the contact; and
(b) (U) How the referral serves
U.S. national interest or a mission priority. The referring official must
provide a thorough explanation. Simply stating that the contact is an
important contact is not sufficient justification.
(5) (U) LE staff should not
handle substantive aspects of the NIV Referral process, such as drafting of the
justification, but may handle administrative aspects, such as scheduling.
c. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
(a) Unavailable
(b) Unavailable
(c) Unavailable
(i) Unavailable
(ii) Unavailable
(iii) Unavailable
(d) Unavailable
9 FAM 601.8-3(B)(5) (U)
Requests for Assistance After Adjudication
(CT:VISA-273; 12-20-2016)
(U) On occasion, an individual who
has not been the subject of a referral may approach a referring official for
assistance after a visa interview.
(1) (U) Refused Applicants: If
the contact was refused a visa (except under INA 221(g) for
"administrative processing") he or she must apply again. A referring
official may submit a referral if the contact's refusal was more than two years
ago, or if the contact was subsequently issued a visa. No other additional
assistance may be given.
(2) (U) Pending Applicants:
If the contact requests assistance with "administrative processing"
or seeks more rapid return of an approved visa, an official qualified to submit
a referral may send an email to the Consular Section Chief requesting
assistance.
(a) (U) This must be limited to
those individuals who would have received a referral or a priority appointment
request had the referring official known they were applying beforehand. The
email must include an explanation of the U.S. government interest or mission priority
supported in the case. The Consular Section Chief must make a case note in the
NIV case indicating the request for assistance.
(b) (U) Please note that there
may be instances in which the consular section may not be able to provide
assistance.
9 FAM 601.8-3(B)(6) (U)
Derogatory Information After Adjudication
(CT:VISA-273; 12-20-2016)
(U) The referring official must
notify the consular section and the approving official immediately when he or
she becomes aware, or has reason to suspect, that any contact is no longer
qualified for the visa or his or her status in the U.S., or has misrepresented
him or herself in any manner in relation to the visa process or U.S. law. This
includes failure to return after an authorized stay, non-attendance at a U.S.
government sponsored event or changes of status in the United States. Failure
to do so can result in loss of referral privileges and/or disciplinary action.
9 FAM 601.8-3(B)(7) (U)
Nonimmigrant Visa Referral and Priority Appointment Request Programs Compliance
Agreement
(CT:VISA-349; 04-20-2017)
(U) All referring and approving
officials must complete a Nonimmigrant Visa Referral and Priority Appointment
Request Program Compliance Agreement. The agreement reads as follows:
I (printed name)________________________certify that
I have read the Nonimmigrant Visa Referral Program Executive Summary and the
Nonimmigrant Visa Priority Appointment Request Program Executive Summary,
attended the required program briefing (s), and will comply with all aspects of
the referral program guidance.
I affirm that the following are my duties and
responsibilities as a referring and/or approving official:
I will use only the Nonimmigrant Visa Referral
Program to advocate for individuals whose travel furthers U.S. national
interest or a mission priority, and who are personally and favorably known to
me. My signature on a referral serves as a request for issuance of the visa
and attests that to the best of my knowledge the individual does not constitute
a threat to the safety or national security of the United States.
I will use only the Nonimmigrant Visa Priority
Appointment Request Program to advocate for individuals whose travel is in the
U.S. government's interest or whose travel meets a compelling mission
priority. My signature on a priority appointment request serves as a request
for an expedited appointment and not a request that a visa be issued, and
attests that to the best of my knowledge the individual does not constitute a
threat to the safety or national security of the United States.
I will notify the Consular Section Chief, and the
approving official if I become aware that an individual whom I have referred or
for whom I have submitted a priority appointment request has violated or
intends to violate either the terms of the visa that he or she was issued or
his or her status in the United States.
I understand that if the consular section determines
that a referral or priority appointment request is incomplete or inappropriate,
the referral or priority appointment request will be returned to me with Form DS-5500,
detailing information regarding the rejection. If a referred individual or an
individual for whom I requested a priority appointment request is refused a
visa, that information also will be provided to me on Form DS-5500.
I understand that in signing as an approving
official, I am certifying that I believe the case meets the criteria set forth
in 9 FAM
601.8-3 and 9 FAM 601.8-4.
I acknowledge that failure to comply with the
Nonimmigrant Visa Referral Program guidance and/or Priority Appointment Request
guidance will be regarded as abuse of the referral program and will result in
loss of referral privilegesfor me and possibly for my section and/or
disciplinary action and possible criminal charges. Intentional false
statements made in furtherance of a visa referral may be prosecuted under 18
U.S.C. 1001, Statements on Entries Generally, and other applicable law.
_____________________ ____________________
Name/Section
Briefed by (Name/Title)
_____________________ ____________________
Signature/Date
Signature/Date
9 FAM 601.8-3(C) (U) Scheduling
the Visa Interview for a Referral Case
(CT:VISA-292; 03-06-2017)
a. (U) Post's mission-specific
procedures should include the method by which post informs the contact of his
or her appointment time.
b. (U) A contact who misses the
scheduled appointment may be required to schedule a normal appointment, at the
Consular Section Chief's discretion.
c. (U) The referring official
may not accompany contact(s) to the consular waiting room or the interview.
9 FAM 601.8-3(D) (U)
Adjudicating a Nonimmigrant Visa Referral Case
(CT:VISA-925; 08-16-2019)
a. (U) Who May Adjudicate:
(1) (U) Because of the
importance the Department and chiefs of mission (COM) place on this key
consular function, all visa referral cases must be adjudicated by the Consular
Section Chief, or someone acting officially in that capacity due to extended
absence of the chief (i.e., not away at a meeting, etc.) or in cases where the
chief must recuse him/herself.
(2) (U) It is never
appropriate for a referral case to be adjudicated by an untenured officer,
unless there is no tenured consular officer at post.
b. (U) Interview Waiver Cases: If
a contact qualifies for interview waiver (9 FAM 403.5-4),
the case may be adjudicated without an interview, but must be adjudicated
by the Consular Section Chief, as specified in 9 FAM
601.8-3(D) paragraph a(1) above.
c. (U) NIV Case Notes: The
adjudicating officer must add case notes regarding the adjudication for all
referred cases. The NIV case notes in the system must reflect that the case
is a referral and include notes on any administrative follow-up and unusual
circumstances. The case notes must explain any refusal in detail.
d. (U) When Visa is Refused:
(1) (U) Informing the Referring
Official:
(a) (U) To avoid potential
embarrassment between the referring official and the contact, the adjudicating
officer should inform the referring official of any visa refusal as soon as
possible after the contact is informed of the refusal.
(b) (U) The referring official
should be informed in the most expeditious manner possible of the refusal,
including orally. The Consular Section Chief will then provide a completed
DS-5500, detailing the refusal, as soon as practical after the initial
communication. The consular section should scan the DS-5500 into the NIV case.
(2) (U) Informing Others: The
Consular Section Chief must keep the front office and relevant embassy sections
apprised of any refusals of referral cases that could have implications for the
bilateral relationship.
9 FAM 601.8-3(E) (U)
Nonimmigrant Visa Referral Program Records
(CT:VISA-521; 03-14-2018)
a. (U) Consular section chiefs
must ensure that data entry personnel properly enter referrals and clearly
identify any scanned documents associated with the referral by selecting the
appropriate description during scanning. Until updates are made to the NIV system,
posts can continue to document referrals as "Class A referrals" in
the system, and Priority Appointment Requests as "Class B referrals."
b. (U) For each referral, posts
must scan Form DS-5533, Nonimmigrant Visa Referral, and other relevant
documentation into the record (see 9 FAM 601.6
for further details on records retention and scanning). There are no
exceptions. These electronic records are retained indefinitely in the consular
consolidated database (CCD) and are subject to review.
c. (U) Copies of signed
Compliance Agreements should be maintained in the subject file for Referrals
and Priority Appointment Requests (see 9 FAM 601.6
for details on visa subject files). When an individual with regional responsibilities
submits a referral at a consular section where s/he did not receive a referral
briefing, the consular section chief in the consular section receiving the
referral should request a copy of the signed compliance agreement from the
consular section that had provided the referral briefing.
9 FAM 601.8-3(F) (U) Providing
Feedback to Referring and Approving Officials
(CT:VISA-273; 12-20-2016)
a. (U) The Consular Section
Chief must provide the referring and approving officials timely feedback on any
rejected referral or visa refusal of a referred contact.
b. (U) The Consular Section
Chief must complete a DS-5500 to provide such feedback and must provide the
completed form to the referring and approving officials as soon as practical
after the referral is rejected or the contact is refused a visa.
c. (U) The Consular Section
Chief is responsible for ensuring the DS-5500 is scanned into the refused visa
case record. Information contained in the DS-5500 is for internal
communications only and should not be shared with the contact.
d. (U) Derogatory information
regarding the contact that becomes available to the Consular Section Chief
after visa issuance must be brought to the referring official's attention, or
to the section chief, if the referring official has left post. The referring officer
should be informed of INA 222(f) limitations on sharing information with the
applicant or other interested parties.
9 FAM 601.8-3(G) (U)
Maintaining the Integrity of the Nonimmigrant Visa Referral Program
9 FAM 601.8-3(G)(1) Unavailable
(CT:VISA-349; 04-20-2017)
a. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
f. Unavailable
9 FAM 601.8-3(G)(2) (U) Abuse
of the Nonimmigrant Visa Referral System
(CT:VISA-925; 08-16-2019)
a. (U) Referring and approving
officials will be held accountable for understanding and applying this guidance
in every referral case. If an official has any questions about this guidance
he or she should speak with the Consular Section Chief, the Director of
CA/VO/F, or the Program Ombudsman (see 9 FAM
601.8-3(H) below) for clarification
before submitting or approving a referral.
b. (U) The COM, in consultation
with the Consular Section Chief, CA/VO/F, and CA/FPP/CID, may suspend or revoke
the authority to make or approve referrals from any particular
referring/approving official or from an entire section or group of mission
personnel based on abuse of the program.
c. (U) Mission personnel are
held to the Ethical Standards of Conduct for Employees of the Executive
Branch. 5 CFR 2635.101(b)(14) requires that U.S. government employees
"avoid any actions creating the appearance that they are violating the law
or the ethical standards.
d. (U) Communication regarding
a visa referral may be made only to the Consular Section Chief. Any attempt to
communicate with or influence other consular section staff members regarding a
visa case may be considered abuse of the program.
9 FAM 601.8-3(G)(3) (U)
Reporting Abuses of the Referral Program
(CT:VISA-925; 08-16-2019)
a. (U) Annual
Management Control Certification: As part of the annual management
controls certification, the Consular Section Chief must certify that an annual
referral program validation study was conducted and report any problems or
instances of abuse revealed in the study (see 9 FAM
601.8-3(G)(1) paragraph c above for
more information on the validation study).
b. (U) Referring
Officials with Significant Number of Unqualified Referrals: The Consular
Section Chief is required to inform the COM, DCM, Regional Security Officer
(RSO), CA/VO/F, and CA/FPP/CID in writing of any instances in which a
particular referring official or office/agency refers significant numbers of
unqualified contacts. The COM should be prepared to review the cases and
impose such penalties as he or she and the Consular Section Chief believe
appropriate. Posts are encouraged to consult with CA/VO/F and CA/FPP/CID for
assistance in managing posts response to instances of abuse.
c. (U) All Other Abuses: All
other potential abuses of the referral program must be referred to the Director
of CA/VO/F for policy guidance and to CA/FPP/CID for investigation and
coordination with DS and HR for appropriate criminal or disciplinary
action. Federal courts have convicted individuals for complicity in false
immigration schemes based on signed referral forms. Intentional false
statements made in furtherance of visa referrals may be prosecuted
under 18 U.S.C. 1001, Statements on Entries Generally, and other
applicable law.
d. (U) Consular Section Staff: No
information about visa cases, positive or negative, should be directed to any
consular section staff members other than the Consular Section Chief. Consular
staff members including consular adjudicators, EFMs and LE staff approached or
contacted regarding visa cases must report the matter to their Consular Section
Chief.
9 FAM 601.8-3(H) (U)
Nonimmigrant Visa Referral Program Ombudsman
(CT:VISA-273; 12-20-2016)
a. (U) What is the Purpose of the
Referral Program Ombudsman? For those rare instances in which an
officer perceives undue pressure to issue a visa subject to a referral but
feels unable to discuss it at post, CA established a referral program
ombudsman. The Ombudsman will discuss any concerns related to potential abuse
of the referral program or the perception of pressure exerted within or outside
of the referral program.
b. (U) Who is the Ombudsman?
The Assistant Secretary of the Bureau of Consular Affairs serves as the
Ombudsman.
c. (U) How Do I Contact the Ombudsman?
The Managing Director of VO serves as the first point of contact for officers
and will bring cases of concern to the immediate attention of the Assistant
Secretary. Officers may contact the Managing Director by phone or email
if they have concerns that undue pressure is being exerted within or outside of
the referral program.
9 FAM 601.8-4 (U) NOnimmigrant
Visa Priority Appointment Requests Program
9 FAM 601.8-4(A) (U) Overview
(CT:VISA-292; 03-06-2017)
a. (U) What is a Priority Appointment Request?
A priority appointment request is a formal request by a qualified U.S.
government official for an earlier interview or for other courtesies for an
individual when U.S. national interest or a compelling mission priority would
be served by expediting the appointment. It is not a request for visa
issuance.
b. (U) Mission-Specific
Procedures: The COM, DCM, or PO is responsible, in conjunction with the
consular section, for developing formal written priority appointment request
procedures consistent with this guidance.
(1) (U) Mission-specific
procedures should be tailored to fit unique circumstances of each consular
section.
(2) (U) Mission-specific
procedures must be consistent with this guidance and must not circumvent this
guidance.
c. (U) Executive Summary: A
Nonimmigrant Visa Priority Appointment Program Executive Summary is available.
In addition to the required briefing, the Consular Section Chief must provide
the Nonimmigrant Visa Priority Appointment Program Executive Summary to requesting
and approving officials to read prior to signing the Nonimmigrant Visa Referral
and Priority Appointment Request Compliance Agreement.
9 FAM 601.8-4(B) (U) Making
Nonimmigrant Visa Priority Appointment Requests
9 FAM 601.8-4(B)(1) (U) Who
May Make and Approve a Nonimmigrant Priority Appointment Request
(CT:VISA-925; 08-16-2019)
a. (U) Requesting Official: A
requesting official must meet the same qualification standards as a referring
official as outlined in 9 FAM
601.8-3(B)(1) paragraph a above.
b. (U) Approving Officials:
(1) (U) An approving official must meet the same
qualifications as approving official for referrals as outlined in 9 FAM
601.8-3(B)(1) paragraph b above.
(2) (U) When approving a priority appointment request, the
approving official does not attest to the contact's national security risk or
request a visa be issued.
9 FAM 601.8-4(B)(2) (U)
Nonimmigrant Visa Priority Appointment Request Criteria
(CT:VISA-925; 08-16-2019)
a. (U) Criteria:
To qualify for a priority appointment request, the following two conditions
must be met:
(1) (U) the requesting
official must certify that assisting the contact directly furthers a U.S.
national interest or a compelling mission priority; and
(2) (U) the contact is
personally and favorably known to the requesting official or the requesting
official has reasonable knowledge of the contact's bona fides.
b. (U) U.S. National Interest: The
national interest standard for priority appointment requests is the same
standard as for referrals. See 9 FAM
601.8-3(B)(2) paragraph d above for
more information on the national interest standard.
c. (U) Mission Priorities:
The mission priorities standard for priority appointment requests is the same
standard as for referrals. See 9 FAM
601.8-3(B)(2) paragraph e above for more information on the mission
priorities standard. For examples of some instances of appropriate priority
appointment requests cases see paragraph g. below.
d. (U) Knowledge of the Applicant:
(1) (U) Individual Personally Known:
A requesting official may request a priority appointment for a contact he or
she personally knows under the standard for "personally and favorably
known" for referrals as outlined in 9 FAM
601.8-3(B)(2) paragraph e above.
(2) (U) Individual Not Personally
Known:
(a) (U) A requesting official
may request a priority appointment for a contact he or she does not personally
know if the officer has reasonable knowledge of the contact's bona fides.
(b) (U) Priority appointment
requests may not be made solely on the basis of a recommendation from a third
party, even another key contact or LE staff.
e. (U) Previously Refused Contacts:
A priority appointment request may be submitted for a previously refused
contact, provided the contact otherwise meets the requirements above. A
contact may qualify for a priority appointment request regardless of the date
of the most recent refusal. However, it is important to note that a priority
appointment request should not be used as an "appeal" process.
Frequent submission of priority appointment requests for unqualified applicants
is considered abuse of the priority appointment request system.
f. (U) Qualifying Family Members:
A requesting official may request a priority appointment for a qualifying
family member under the standard for "qualifying family members" for
referrals as outlined in 9 FAM
601.8-3(B)(2) paragraph h.
g. (U) Examples
of Contacts Who May Be Eligible for Priority Appointment Requests: It is
appropriate to submit priority appointment requests for a contact who meets the
criteria above in the following circumstances:
(1) (U) A prominent individual
who is not known by the requesting official, but who is well known, such as a
nationally known figure.
(2) (U) LE staff travelling
for personal reasons. Note that LE
staff who do not receive a priority appointment request must obtain an NIV
appointment through usual post procedures and will be treated like any normal
applicant;
(3) (U)The parents, spouse,
same-sex domestic partner, parents of the spouse, children, or members of
household (MOH), as recognized by the mission, of a U.S. citizen direct-hire
employee assigned to the mission.
(a) (U) This must not be used to
circumvent K nonimmigrant processing guidance.
(b) (U) Nannies and other
household help are not eligible for priority appointment requests as a member
of the household.
9 FAM 601.8-4(B)(3) Unavailable
(CT:VISA-273; 12-20-2016)
Unavailable
9 FAM 601.8-4(B)(4) (U)
Submitting a Nonimmigrant Visa Priority Appointment Request
(CT:VISA-164; 08-25-2016)
a. (U) The DS-5534,
Nonimmigrant Visa Priority Appointment Request, is the only mechanism for a
requesting official to submit a priority appointment request.
b. (U) The DS-5534 is for
internal communication only and must not be given (original or copy) to the
contact.
c. (U) The requesting official
must fully complete and sign a DS-5534 for the primary contact, listing any
qualifying family members on the same form. (For non-family groups travelling
together, each contact must have a separate DS-5534).
d. (U) The Consular Section
Chief must reject any DS-5534 that is incomplete or submitted for an individual
who is not qualified for a priority appointment. Rejected priority
appointment requests will be documented on the DS-5500, Referral
Rejection/Refusal, which will be delivered to the referring official with a
copy retained in consular section files.
e. (U) To submit a priority
appointment request, the requesting official must provide to the Consular
Section Chief in a sealed envelope or by email:
(1) (U) The DS-5534; and
(2) (U) A copy of the
applicants DS-160 confirmation.
f. (U) All other
documentation, including the contact's passport, visa photo, proof of payment
of applicable visa fees, and supplemental documentation required for the visa
type (i.e., an I-20 for a student visa applicant or a DS-2019 for an exchange
visitor) should be submitted by the contact at the time of the interview, or
pursuant to post's established application procedures.
g. (U) The requesting official
must not collect any fees from the contact.
h. (U) LE staff should not
handle substantive aspects of the NIV Priority Appointment Request process,
such as drafting of the justification, but may handle administrative aspects,
such as scheduling.
9 FAM 601.8-4(B)(5) (U)
Derogatory Information After Scheduling or Adjudication
(CT:VISA-273; 12-20-2016)
(U) The requesting officials must
notify the Consular Section Chief and the approving official immediately when
he or she becomes aware, or has reason to suspect, that any contact is no
longer qualified for the visa or status in the United States, or has
misrepresented him or herself in any manner in relation to the visa process or
U.S. law. This includes failure to return after an authorized stay, non-attendance
at a U.S. government sponsored event or changes of status in the United States.
Failure to do so can result in loss of requesting privileges and/or
disciplinary action.
9 FAM 601.8-4(B)(6) (U)
Nonimmigrant Visa Priority Appointment Request Program Compliance Agreement
(CT:VISA-925; 08-16-2019)
(U) All requesting and approving
officials must complete a Nonimmigrant Visa Referral and Priority Appointment
Request Programs Compliance Agreement. See 9 FAM
601.8-3(B)(7) above for the text of
the compliance agreement.
9 FAM 601.8-4(C) (U) Scheduling
an Interview for a Nonimmigrant Visa Priority Appointment Request Case
(CT:VISA-292; 03-06-2017)
a. (U) Post's mission-specific
procedures should include the method by which post informs the contact of his
or her appointment time.
b. (U) A contact who misses the
scheduled priority appointment will be required to schedule a normal
appointment.
c. (U) The requesting official
may not accompany the contact(s) to the consular waiting room or the interview.
9 FAM 601.8-4(D) (U)
Adjudicating a Nonimmigrant Visa Priority Appointment Request Case
(CT:VISA-292; 03-06-2017)
a. (U) Who May Adjudicate:
Priority appointment requests may be adjudicated by any consular adjudicator
and should be adjudicated as any ordinary NIV case.
b. (U) Interview Waiver: If a
priority appointment request qualifies for an interview waiver, it may be
adjudicated by any consular adjudicator following regular IWP procedures.
c. (U) When Visa is Refused:
(1) (U) To avoid potential
embarrassment with a contact, the requesting official must be informed
immediately by the consular section of any visa refusal of an applicant with a
priority appointment request. Adjudicating officers should not communicate
directly with requesting officials concerning cases, but advise the Consular
Section Chief of the refusal; the Consular Section Chief should inform the
requesting official of the refusal.
(2) (U) The requesting
official must be informed of the refusal in the most expeditious manner.
(3) (U) The Consular Section
Chief will provide a completed DS-5500, detailing the refusal to the requesting
official as soon as practical.
9 FAM 601.8-4(E) (U)
Nonimmigrant Visa Priority Appointment Request Program Records
(CT:VISA-292; 03-06-2017)
a. (U) Consular section chiefs
must ensure that data entry personnel properly enter requests for priority
appointments and clearly identify scanned documents associated with the request
by selecting the appropriate description during scanning. Until updates are
made to the NIV system, posts can continue to document referrals as "Class
A referrals" in the system, and Priority Appointment Requests as
"Class B referrals."
b. (U) For each request, post
must scan Form DS-5534, Nonimmigrant Visa Priority Appointment Request,
and any associated documentation into the record (see 9 FAM 601.6 for
further details on records retention and scanning). There are no
exceptions. These electronic records are retained indefinitely in the consular
consolidate database (CCD) and are subject to review.
c. (U) Copies of signed
Compliance Agreements should be maintained in the subject file for Referrals
and Priority Appointment Request Program (see 9 FAM 601.6 for
details on visa subject files).
9 FAM 601.8-4(F) (U) Providing
Feedback to Requesting Officers
(CT:VISA-273; 12-20-2016)
a. (U) Requesting and approving
officials must be provided timely feedback on any rejected request or contact
who is subsequently refused a visa.
b. (U) The DS-5500 is the
appropriate mechanism for providing such feedback.
c. (U) The DS-5500 must be
scanned into the refused visa case record. Information contained in the DS-5500
is for internal communications only and should not be shared with the contact.
9 FAM 601.8-4(G) (U) Maintaining
the Integrity of the Nonimmigrant Visa Priority Appointment Request Program
9 FAM 601.8-4(G)(1) Unavailable
(CT:VISA-349; 04-20-2017)
a. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
(4) Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
9 FAM 601.8-4(G)(2) (U) Abuse
of the Nonimmigrant Visa Priority Appointment Request Program
(CT:VISA-273; 12-20-2016)
a. (U) Requesting and approving
officials will be held accountable for understanding and applying this guidance
in every priority appointment request case.
b. (U) The Chief of Mission, in
consultation with the Consular Section Chief, CA/VO/F, and CA/FPP/CID, may
suspend or revoke the authority to make or approve priority appointment
requests from any particular requesting/approving official or from an entire
section or group of mission personnel based on abuse of the program.
c. (U) Mission personnel are
held to the Ethical Standards of Conduct for Employees of the Executive
Branch. 5 CFR 2635.101(b)(14) requires that U.S. government employees
"avoid any actions creating the appearance that they are violating the law
or the ethical standards.
d. (U) Communication regarding
a priority appointment request may be made only to the Consular Section
Chief. Any attempt to influence consular section staff members regarding
a visa case may be considered abuse of the program.
9 FAM 601.8-4(G)(3) (U)
Reporting Abuses in Monitoring of Nonimmigrant Visa Priority Appointment
Request Program
(CT:VISA-925; 08-16-2019)
a. (U) Annual
Management Control Certification: As part of the annual management
controls certification, the Consular Section Chief must certify that an annual
priority appointment request validation study was conducted and report any
problems or instances of abuse revealed in the study (see 9 FAM 601.8-3(G)(1)
paragraph c above for more information on
the validation study].
b. (U) Requesting
Officials with Significant Number of Unqualified Requests: The Consular
Section Chief is required to inform the COM, DCM, Regional Security Officer
(RSO), CA/VO/F, and CA/FPP/CID in writing of any instances of an official
or office/agency requesting a significant number of unqualified priority
appointments. The COM should be prepared to review the cases and impose such
penalties as he or she and the Consular Section Chief believe appropriate if
any of the requests do not comply with the requirements in this guidance.
Posts are encouraged to consult with CA/VO/F and CA/FPP/CID for assistance in
managing posts response to instances of potential abuse.
c. (U) All Other Abuses: All
other potential abuses of the Nonimmigrant Visa Priority Appointment Request
Program must be referred to the Director of CA/VO/F for policy guidance and to
CA/FPP/CID for investigation and coordination with DS and HR for appropriate
criminal or disciplinary action. Intentional false statements made in
furtherance of priority appointment requests may be prosecuted under 18
U.S.C. 1001, Statements on Entries Generally, and other applicable law.
9 FAM 601.8-4(H) (U)
Nonimmigrant Visa Priority Appointment Request Program Ombudsman
(CT:VISA-292; 03-06-2017)
a. (U) What is the Purpose of the
Priority Appointment Request Program Ombudsman? For those rare
instances in which an officer perceives undue pressure to provide priority
appointment or other courtesies for an individual not subject to a valid
request for a priority appointment, CA established a Nonimmigrant Visa Priority
Appointment Request Program Ombudsman. The Ombudsman will discuss any concerns
related to a potential abuse of the program or the perception of pressure being
exerted within or outside of the program.
b. (U) Who is the Ombudsman?
The Assistant Secretary of the Bureau of Consular Affairs serves as the
Ombudsman.
c. (U) How Do I Contact the
Ombudsman? The Managing Director of VO serves as the first point of
contact for officers and will bring cases of concern to the immediate attention
of the Assistant Secretary. Officers may contact the Managing Director by
phone or email if they have concerns that undue pressure is being exerted
within or outside of the priority appointment system.
9 FAM 601.8-5 Unavailable
9 FAM 601.8-5(A) Unavailable
(CT:VISA-925; 08-16-2019)
Unavailable
(1) Unavailable
(2) Unavailable
9 FAM 601.8-5(B) Unavailable
(CT:VISA-292; 03-06-2017)
a. Unavailable
(1) Unavailable
(2) Unavailable
b. Unavailable
c. Unavailable
d. Unavailable
e. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable
9 FAM 601.8-5(C) Unavailable
(CT:VISA-264; 12-08-2016)
a. Unavailable
b. Unavailable
(1) Unavailable
(2) Unavailable
(3) Unavailable