China and the United States: Issuance procedures for visitor visas at the United States Embassy in Beijing, including whether a security check and fingerprints are part of the requirements; whether the visa can be obtained through a third party; whether the Embassy requires every person entering the embassy to be fingerprinted (August 2012-March 2013)

1. Visitor Visa Issuance Procedures

Visitor visas to the United States include visas for the purpose of business (category B-1), visas for the purpose of tourism, pleasure or visiting (category B-2), and visas for the purpose of a combination of business and pleasure (category B-1/B-2) (US n.d.a). Steps for applying for a visitor visa include filling out the online Nonimmigrant Visa Application (form DS-160), printing out the application form confirmation page, and uploading a photo according to specific guidelines (ibid.).

According to the US Department of State website, applicants are required to schedule an appointment for a visa interview with the US embassy or consulate, generally in their country of permanent residence (ibid.).

The US Department of State website indicates that applicants are required to gather the following documents before their visa interview:

Passport (valid for at least six months beyond length of stay in US);

Nonimmigrant Visa Application, Form DS-160 confirmation page;

Application fee payment receipt;

Photo (if photo upload fails). (ibid.)

Additional documents may also be required, including documents to show the purpose of travel, evidence of intention to depart the US after the trip, and/or the ability to pay for the trip (ibid.).

Although the website of the US Embassy in Beijing warns that appointments for visa interviews may take "several weeks" (US n.d.c), media sources report of wait times for visa appointments in 2012 ranging from 2 days (Inside US-China Trade 19 Sept. 2012) to 10 days (Honolulu Star-Advertiser 2 Aug. 2012).

According to the website of the US Embassy in Beijing, the visa processing fee is US$ 160, and prior to 16 March 2013, there were additional fees for scheduling appointments and postage (US n.d.b). Prior to 16 March 2013, visa appointments were scheduled by phoning the Call Center, while after 16 March 2013, appointments could be made either through the Call Center or online (ibid.).

1.1 In-Person Interviews

According to the Department of State website, applicants 13 years of age and younger, or applicants 80 years of age and older, generally do not require an interview with a consular officer (ibid. n.d.a). The US Department of State indicates that applicants between the ages of 14 and 79 years old require an interview, with "some exceptions for renewals" (ibid.). In a telephone interview with the Research Directorate, a consular officer in the Post Operations Division of the Visa Office for the US State Department similarly indicated that all first-time applicants are required to have an in-person interview at the embassy in Beijing or a consulate in China, but that people renewing their visitor visa in Beijing might be exempted from the interview (US 11 June 2013). He further noted that interviews are not conducted over the Internet (ibid.). The US Department of State Foreign Affairs Manual provides guidelines on circumstances under which the in-person interview may be waived:

9 FAM 41.102 N3 WAIVER OF IN-PERSON INTERVIEW REQUIREMENT BY CONSULAR OFFICER

(CT:VISA-1540; 09-27-2010)

You may waive the in-person interview requirement for an applicant under certain circumstances. Remember to exercise that authority with judgment and care. You remain ultimately responsible for the final decision.

If none of the grounds mandating an in-person interview stated in 9 FAM 41.102 N5 applies, you are authorized to waive the in-person interview requirement for a nonimmigrant visa (NIV) applicant in one of the categories listed below who is not exempt on the basis of age (see 9 FAM 41.102 N2), unless there is an indication of the applicant's visa ineligibility or failure to comply with U.S. immigration laws and regulations, or you are unable conclude that the applicant poses no national security concerns requiring an interview:

The applicant is classifiable under one of the following nonimmigrant visa categories: A-1, A-2, C-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, NATO-6, or TECRO E-1;

The applicant satisfies the criteria for a diplomatic or official visa in 22 CFR 41.26 and 22 CFR 41.27; or

The applicant is applying for a visa in the same classification as their prior nonimmigrant biometric visa (i.e., same visa class and same category (principal or derivative)), not more than 12 months after the previous visa expired, at the post of their normal residence, subject to the limitations listed in 9 FAM 41.102 N7, provided that you do not have any information regarding immigration violations. For example, an H-1B visa holder applying for an L-1 visa, an E-2 spouse applying for a visa as an E-2 principal, or an F-2 visa holder applying for an F-1 visa all would need to appear for an interview.

You must request a personal interview and any needed additional information when there is any doubt regarding an applicant's qualifications for a nonimmigrant visa (NIV) prior to the issuance of a visa. Keep in mind that you always have the option to require an interview of any applicant if you doubt the alien's credibility or veracity. You must also be vigilant to ensure that personal appearance waiver procedures are not used to commit fraud. (US 13 Feb. 2012)

1.2 Security Checks

The consular officer stated that a security check is conducted on all applicants prior to issuing the US visitor visa (ibid. 11 June 2013).

1.3 Fingerprinting

The US Department of State website indicates that "[i]nk-free, digital fingerprint scans will be taken as part of [the] application process. They are usually taken during [the] interview, but this varies based on location" (ibid. n.d.a). The consular officer explained that during the issuance procedure for visitor visas at the US Embassy in Beijing, everybody is fingerprinted excepted children under 14 years of age and people older than 79, and that the fingerprints are collected on site at the time when the applicant comes in for the interview (ibid. 11 June 2013). The US Embassy in Beijing also instructs applicants to "wait for fingerprint scanning" after submitting their documents on the day of their interview (US n.d.d). Information regarding fingerprinting requirements is also found in the US Department of State Foreign Affairs Manual:

9 FAM 41.102 N1.2 Background on Fingerprint Requirements

(CT:VISA-1057; 10-07-2008)

Section 403 of the USA PATRIOT Act required the development and certification of a technology standard for verifying the identity of persons applying for visas or seeking to enter the United States pursuant to a visa, for the purposes of conducting background checks, confirming identity, and ensuring that a person has not received a visa or entered the United States under a different name. Section 303 of the Enhanced Border Security and Visa Entry Reform Act of 2002 has required, since October 26, 2004, that all visas issued by the Department must be machine-readable and tamper-resistant and use biometric identifiers. In consultation with the Department of Homeland Security (DHS) and the Department of Justice (DOJ), the Department determined that fingerprints and a photo image should be required as biometric identifiers. When the Biometric Visa Program began, available technology allowed for the efficient capture and comparison of only two fingerscans. As a result of technological improvements, we have instituted a ten fingerscan standard to raise the accuracy rate in matching fingerscans, as well as enhance our ability to detect persons who are ineligible for visas. (See 9 FAM Appendix L for additional information on biometric requirements.) (US 13 Feb. 2012)

2. Obtaining Visas Through a Third Party

When asked whether a US visitor visa could be obtained through a third party, such as a consultant or a travel agent, the US consular officer said that the answer is not "unequivocally no," because it might be possible for someone renewing their visa to do so through a third party (ibid. 11 June 2013). He explained that sometimes a third party assists with the US visa application process in China, particularly for those without Internet access (ibid.). However, even if using a third party, he noted that the applicant himself needs to electronically affirm the documents submitted (ibid.). He also clarified that US visitor visas are always issued by the US embassy and never by a third party (ibid.). Further information on whether a US visitor visa can be obtained through a third party could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Whether Everyone Entering the US Embassy in Beijing Is Fingerprinted

According to the consular officer, only one collection of fingerprints of the visitor visa applicant is taken; the applicant is not fingerprinted each time he or she enters the embassy (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Honolulu Star-Advertiser. 2 August 2012. Allison Schaefers. "China Company Unveils Hawaii Tour Package." (Factiva)

Inside US-China Trade. 19 September 2012. "Locke Touts Shorter of Visa Waits, Efforts to Attract Chinese FDI into US." (Factiva)

United States (US). 11 June 2013. Department of State. Telephone interview of a Consular Officer with the Visa Office of the Post Operations Division by the Research Directorate.

_____. 13 February 2012. Department of State. US Department of State Foreign Affairs Manual Volume 9--Visas. [Accessed 11 June 2013]

_____. N.d.a. Department of State. "Visitor Visas--Business and Pleasure." [Accessed 10 June 2013]

_____. N.d.b. US Embassy in Beijing. "New Process for US Visa Applications." [Accessed 10 June 2013]

_____. N.d.c. US Embassy in Beijing. "General Questions." [Accessed 10 June 2013]

_____. N.d.d. US Embassy in Beijing. "Interview Day." [Accessed 11 June 2013]

Additional Sources Consulted

Oral sources: Attempts to contact an official at the US Embassy in Ottawa were unsuccessful. A representative of the Visa Information Call Center could not provide information.

Internet sites, including: Factiva; United States - US Embassy in Ottawa.