In the current environment, it is increasingly likely that a visa applicant with a PRC passport will be refused under INA section 221(g) for administrative processing, especially if they are in a profession or advanced studies in a technologically advanced subject area, including AI.
Administrative processing is a broad term that includes any type of check or assessment that needs to be conducted after the visa interview is over. These checks are sometimes done at the consulate, but often they will be done in Washington, and the original consular officer will not (and cannot) revisit the case until the assessments are complete. Sometimes the consulate is confirming whether the applicant’s name is a match for someone who is on a watchlist of suspected terrorists or criminals, or a person who is wanted in the U.S. or elsewhere. Other times the applicant has a criminal record or an immigration violation, and the consulate needs additional details to decide whether they are eligible for a visa.
For applicants with a PRC passport and a tech-heavy background, the administrative processing is often related to the technology alert list and concerns about technology transfer. If an applicant has a tech background and knows they do not have a criminal record or immigration violation, it’s likely they are being assessed for technology transfer concerns. Unfortunately, there is little the applicant can do to avoid this or to speed up the process once they are subject to it.
Some dos and don’ts:
- Applicants should not try to hide or minimize their tech background to avoid administrative processing. Consular officers have extensive training and experience with the technology alert list and the tech-heavy industries, institutions, corporations, and locations in the country they work in. If the officer later confirms that the applicant tried to hide or downgrade their degree or profession, they will refuse the visa application, and the attempted fraud will be recorded in the record.
- If an applicant is asked for additional documents or information as part of a refusal under section 221(g), they should prepare and submit the requested items as quickly as possible. No further action will be taken on the case until the requested information is received.
- The applicant should provide whatever detail they can to show that their work serves a legitimate business or research purpose, and indicate clearly which industries, universities, or corporations they work for or collaborate with.
- The applicant should not provide additional documents or evidence that wasn’t requested by the consulate. Additional information will be disregarded.
- If an applicant knows their tech background makes it likely they will be subjected to administrative processing, or they have been subjected to it in the past, they should make travel plans accordingly. Leave enough time to schedule a visa interview and wait for the processing to be completed. While it used to be a standard of 6-8 weeks of processing time, with many applicants receiving their visas in 3-4 weeks, applicants are now often given a wait time of six months.
