The Office of Management and Budget (OMB) has recently approved the Department of State (DOS) notice (“Notice”) that would allow to request supplemental information “from a subset of visa applicants worldwide, in order to more rigorously evaluate applicants for terrorism or other national security-related visa ineligibilities”. See here. See also here, here and here.
The Notice followed President Trump’s memorandum directing the Secretary of State to implement additional screening and vetting standards.[i]
In particular, Form DS-5535 requires applicants to provide extensive information, among which:
- Travel history during the last 15 years, including source of funding;
- Address history for the last 15 years;
- Employment history for the last 15 years;
- All passport numbers and country of issuance held by the applicant;
- Names and dates of birth for all siblings, children, spouses, and partners;
- Social media platforms and user names used during the last 5 years; and
- Phone numbers and email addresses used during the last five years.
Failure to provide “to provide requested information will not necessarily result in a visa denial” but certainly makes the visa approval more difficult.[ii]
The emergency approval is now valid for 180 days from publication (until November 30, 2017) but the DOS has the option to ask for an extension of the questionnaire’s validity for another three years.
DOS estimates that 0.5% of visa applicants worldwide will be asked to provide this additional information, or approximately 65,000 individuals per year, and that the estimated time burden is 60 minutes.
This action of the DOS has been strongly criticized by AILA, which asked the DOS to withdraw its request.[iii]
The Notice of Information Collection Under OMB Emergency Review: Supplemental Questions for Visa Applicants is available at https://www.federalregister.gov/documents/2017/05/04/2017-08975/notice-of-information-collection-under-omb-emergency-review-supplemental-questions-for-visa
For more information, contact Craig Dobson
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[i] The purpose of the Notice is admittedly to ensure “the proper collection of all information necessary to rigorously evaluate all grounds of inadmissibility or deportability, or grounds for the denial of immigration benefits” and to prevent “the entry into the United States of foreign nationals who may aid, support, or commit violent, criminal, or terrorist acts.”
[ii] Failure “to provide requested information will not necessarily result in a visa denial if the consular officer determines the applicant has provided a credible explanation why he or she cannot answer a question or provide requested supporting documentation, such that the consular officer is able to conclude that the applicant has provided adequate information to determine the applicant’s eligibility to receive the visa.”
[iii] The American Immigration Lawyers Association (AILA) commented on the emergency request for OMB approval and asked the DOS to withdraw its request and “proceed through the regular notice and comment process for information collection instruments. AILA deemed that (i) the DOS did not adequately justify the need for an emergency OMB approval; (ii) the request for information placed excessive burdens on applicants. Most applicants would have difficulty recalling the full scope of information requested and providing supporting documentation. Applicants could easily be lead to “unintentional errors in completing the form that could then lead to denial of a visa for misrepresentation and future bars to admissibility.” Also, AILA highlighted how the estimated “average time per response” of 60 minutes, seems extremely low; and (iii) finally, AILA stressed how requests for social media platforms for the last five years raises privacy concerns: “A review of social media profiles will, by necessity, not be limited to the applicant, and scrutiny would likely extend to U.S. friends, relatives, and business associates, and chill constitutionally protected speech.”
