Overview of Visa Mantis Security Advisory Opinions
Introduction
In order to prevent sensitive information and technology from “falling into the wrong hands”, the Immigration and Nationality Act has set in place particular laws governing the admissibility of foreign nationals who are engaged in certain activities pertaining to the transfer of technology and information. Section 212(a)(3)(A) of the Immigration and Nationality Act (INA) designates as inadmissible foreign nationals attempting to enter the United States in order to engage in certain illegal activities relating to technology. The purpose of the law is to prevent sensitive technological information that may be used for peaceful and/or military purposes (referred to as “dual-use” technology) from falling into the “wrong hands.” If a Consular Officer (CO) knows or has reason to believe that a visa applicant seeks to engage in illegal transfer or sensitive information or technology, the CO is required to submit a Security Advisory Opinion (SAO) via Visa Mantis to the U.S. Department of State (DOS) before the CO may make a final determination on the visa eligibility of the applicant. This process is often lengthy and can delay an applicant’s travel to the United States.
What Is a Visa Mantis Security Advisory Opinion?
Before issuing a visa to a foreign national, Consular Officers must first determine if the applicant is eligible for the particular visa. While COs are proficient in making most of these admissibility determinations, they are not always able to make a determination based on security concerns. Therefore, if a CO knows or has reason to believe an applicant may pose a threat to the security of the United States, the CO must defer to the U.S. DOS in making the determination of the applicant’s eligibility to enter the U.S. based on security-related concerns about the applicant. The CO will submit a SAO request to the DOS via Visa Mantis. The request contains the applicant’s name and biographical information, the facts of the case, the applicant’s response to the CO’s interview questions and the CO’s recommendation of eligibility. When a SAO request is pending, the CO cannot issue a visa until the Coordination Division (CD) of the DOS issues a SAO.
A Security Advisory Opinion is a statement from the CD determining whether the applicant poses a threat to U.S. security. The CD collaborates with several different U.S. agencies to determine if there are any security concerns with the particular applicant. Based on the findings of each agency, the CD will issue a SAO to the CO, which will enable the CO to render a decision on the application.
When Is a Security Advisory Opinion Requested?
The Department of State issued the Technical Alert List (TAL), which includes a Critical Fields List (CFL) that is intended to provide guidance to COs in determining what activities may render an applicant inadmissible.
The Technology Alert List is not publically available, but many of the critical fields listed on the CFL are known. Here is the latest publically available list:
- Conventional Munitions
- Nuclear Technology
- Rocket Systems
- Rocket System and Unmanned Air Vehicle (UAV) Subsystems
- Navigation, Avionics, and Flight Control Usable in Rocket Systems and Unmanned Air Vehicles (UAV)
- Chemical, Biotechnology and Biomedical Engineering
- Remote Sensing, Imaging, and Reconnaissance
- Advanced Computer/Microelectronic Technology
- Materials Technology
- Information Security
- Laser and Directed Energy Systems Technology
- Sensors and Sensor Technology
- Marine Technology
- Robotics
- Urban Planning
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