Visa application procedures continue to evolve in consequence of post-9/11 security measures. At the most basic level, many consulates that previously relied heavily on mail-in or visa courier programs now interview in person most visa applicants. There is no way to be sure one way or the other whether a personal interview will be required, other than by contacting the consulate directly. The greatest challenge many will face in light of this change has to do with delays in obtaining appointments for the interviews. Now, more than ever, the petitioner must file even farther in advance.

The U.S. Department of State is now posting online approximate wait times for consular visa processing. The Visa Wait Times Site provides average wait times for appointments and predicts the amount of time it will take each consulate to issue a visa. The wait times for artists are found under the description "all other nonimmigrant visas." Please note: Wait times represent averages and do not take into consideration the time it takes to return the passport to the artist.

Visa applicants to be interviewed should familiarize themselves with the contents of the petition copy the petitioner hopefully has sent along with the approval notice. Normally, interviews are to the point, lasting only a few minutes and seeking to confirm the accuracy of the information in the DS-156 and DS-157, but occasionally, consular officers will query applicants on their whereabouts and schedule in the U.S., and deny those who have no clue. Consular officers can ask anything they wish, and often act on whim. Interviewees should know what they want, and what the petitioner said on their behalf to U.S. Citizenship and Immigration Services (USCIS). They should make good eye contact, and treat the consular officer with respect. Except for O-1B applicants, they should also be prepared to address any questions of nonimmigrant intent (214b) that may arise. Applicants from non-Western countries had best be prepared to document their home country ties, as discussed above. Giving vent to anger or frustration cannot help.

Apart from the dramatic increase in personal interviews, all consular posts will implement fingerscanning by the end of October 2004. The fingerscanning contributes to and draws from the same database used by US-Visit, administered by U.S. Customs and Border Protection (CBP). Indeed, the fingerscan itself is matched to the scan that occurs on entry into the U.S. Apart from this data, all of the information from the DS-156 and DS-157 forms, plus the photo and any consular notes, also are instantly available to CBP inspectors at the border.

In addition to whatever “hits” crop up as a result of the scanning, the greatest change in consular processing relates to clearance procedures invoked either as a result of responses on the DS-157, or because the alien was born in, is a national or resident of, or is a citizen of, a certain country. It is imperative that you read carefully this site's Security-Related Rules Memorandum, if you are dealing with a citizen, national or permanent resident of: Afghanistan, Angola, Armenia, Bosnia, Burma, Central African Republic, People's Republic of China, Cuba, Georgia, Haiti, Iran, Iraq, Kazakhstan, Kyrgyzstan, Laos, Liberia, Libya, Moldova, Mongolia, North Korea, Pakistan, Russia, Rwanda, Sierra Leone, Somalia, Sudan, Syria, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, Vietnam, and the Federal Republic of Yugoslavia. It is an overstatement to say every applicant associated with these nations will encounter a problem, but certainly they are more likely to do so.

Apart from any additional clearance procedures at the consular post, consular officers must identify any nationals (whether or not citizens, and no matter how long ago they may have left) of Iran, Iraq, Libya, Sudan and Syria, for “special registration” on entry into the U.S. in accordance with the NSEERS program, discussed further below. Consular officers have full discretion to identify anyone else for this purpose as well. The alien will not know that s/he is subject to NSEERS registration until arriving in the U.S. or at a pre-flight inspection facility.

The problem is that if “additional administrative processing,” the euphemism for a special clearance (also known as a Security Advisory Opinion, or SAO), is needed, the turnaround times can be unpredictable indeed. In general, the vast majority of SAO’s are turned around within 2-3 weeks. Those that are not, however, can drag on for months. Moreover, there is virtually nothing you can do to speed the process up, even if, for instance, your Congressman is willing to help. The best you can do in this situation is to a) make any special circumstances, such as performance-related deadlines, known to the consular post at time of application; and b) if more than 60 days have elapsed, attempt to contact the Public Inquiries Unit at the State Department’s Visa Office by phone, at 202-663-1246, or contact an immigration attorney experienced in consular matters.

In addition to the foregoing, any alien fingerprinted in the U.S. in connection with a criminal investigation of any kind, and any alien convicted of a wide range of crimes outside the U.S., likely will be required by the consular post to appear simply to provide all 10 fingerprints (optimally!), after which the post will have to request a special clearance that will take at least 2 weeks. Applicants from the seven designated state sponsors of terrorism always must undergo additional administrative processing, except that, in general, those now Canadian citizens are spared. Also, an increased number of Cuban artists are denied visas on national security grounds.