Advice for International Visitors Traveling to the United States

March 2003

Post September 11, 2001, many U.S. visa applications are taking much longer to process than in the past. Many scientists and students have found their visa applications referred to an interagency (Department of Defense, Department of Energy, CIA, FBI, etc.) panel by the State Department in Washington, D.C., where it undergoes additional review. This review greatly extends the time it takes to process an application, often jeopardizing colleagues’ participation in meetings, conferences, graduate school, and collaborative research in the U.S. APS now recommends that visa applications be submitted as much as 6 months in advance of travel to avoid complications associated with these potential delays.

Certain disciplines that are on the Technology Alert List (TAL), which is used to curtail illegal transfer of U.S. technologies, may prompt additional review of an application at the discretion of the consular official. Colleagues from countries deemed "sensitive" and those applying to consulates in “third countries” (outside of the US or their homeland) need to pay special heed to the fact that their applications will require additional review, and they should plan accordingly. They should submit their applications 6 months in advance. (Should the consulate refuse to accept such an early application, colleagues are encouraged to inform their hosts and APS). It is always preferable to apply in one’s home country.

Colleagues and students already in the U.S. who plan to travel abroad and need to reapply for a visa to reenter the U.S., may find it difficult to return since they may be subject to a security review and forced to wait as long as 6 months for a decision. These individuals must contact their host institutions prior to any travel abroad to make sure that they have all necessary documents. In cases of family emergencies, the Bureau of Citizenship and Immigration Services of the Department of Homeland Security (formerly INS) should be contacted. They should also check with the State Department for any new visa procedures or requirements; please visit UnitedStatesVisas.gov and the Bureau of Consular Affairs for additional and up-to-date information.

Consular officials often cite an incomplete application as the main cause of delay in adjudication of an application. Thus, it is essential that applications be fully in order before submission. This includes, but is not limited to, providing the following:

• An entire trip itinerary, including travel to any countries other than the U.S.
• A letter of invitation from host that specifies purpose of the invitation, dates of activity and how travel and local expenses will be covered
• Evidence of scientific or educational status (such as a C.V. or school transcript)

Because U.S. immigration law requires that all visa applicants be regarded as potential immigrants (Section 214(b) of the Immigration and Naturalization Act), applicants have a responsibility to convince the consular official that they intend to return abroad upon the completion of their lawful stay in the U.S. Colleagues can overcome this presumption by providing proof of “binding ties” to their country of residence. “Binding ties” includes such things as:

• Family ties
• Property ownership
• A bank account
• An employment contract or statement from one’s employer, which proves that employment will continue after the dates of the meeting
• Anything else that demonstrates intent/need to return to one’s country of residence

The APS also recommends referring to the advice provided by the National Academy of Sciences and the International Council for Science’s Statement on Freedom in the Conduct of Science.