Scientists, postdocs and students planning to travel to the United States to work or study need two things before applying for a visa: time and patience.
Despite recent efforts by federal agencies to improve and accelerate the visa-application process — including adding staff and setting shorter waiting times — it still needs legislative and regulatory reform, say those who are familiar with the system. Many consider it to be a labyrinthine muddle of requirements and regulations. Delays of up to half a year are not uncommon, even with the processing improvements brought in to clear the backlog and speed procedures after the terrorist attacks of 11 September 2001 forced a visa clampdown.
The consequences of such a system are potentially much more damaging than inconveniencing a few researchers and students seeking to work or study temporarily in the country. In a January 2009 report, the US National Research Council called for a thorough revamp of existing visa regulations, saying that the current system is quashing international scientific collaborations (see Nature 457, 752; 2009). Some researchers are worried that the delays might mean collaborators give up coming altogether (see 'Unwelcome guest').
In June, 31 US academic and research associations asked the federal government to streamline the visa process for international scientists, scholars and students (see Nature 459, 1157; 2009). The US National Postdoctoral Association also called for regulatory changes earlier this year, including a new non-immigrant visa for postdocs.
In response, the US Department of State, which handles student and exchange visa applications, brought in a combination of new procedures and extra staff and resources to expedite the process and chip away at the backlog that has contributed to delays.
These procedures are specifically intended to address those applications that require special 'administrative processing' — which is triggered when the applicant's work is linked to sensitive technology, weaponry or military applications, or if the applicant is from a country identified as a "sponsor of terror" or as a nuclear-proliferation concern. Most of these applications are now expected to get through the system in a maximum of ten working days, according to David Donahue, director of the public-affairs office at the state department. He says that routine applications that don't require special security checks account for 97% of the annual total — which last year reached some 6.5 million — and should take well under 30 days. Students in particular are benefiting from the shorter processing times, says Donahue. "We are doing everything we can to ensure that students don't miss the beginning of their study programmes," he says.
Although the state department brought in the changes at the end of May, by late July university administrators, immigration lawyers and others who work with visa applicants had noticed little difference. They advise that an applicant should still allow up to six months for visa approval, although they acknowledge that in many cases, the visa will be issued within two to four weeks.
"It may be a little slow, it may not be the easiest interview, but people are getting through it and getting here — provided they start their application paperwork in a timely fashion," says Roger Chalkley, senior associate dean for biomedical research education and training at Vanderbilt University School of Medicine in Nashville, Tennessee. The school admits about 75 non-US graduate students and 250 non-US postdocs every year. "There have been hiccups, and it took a while, but things are getting resolved," he says.
Processing problems
Administrators still warn of persistent delays for those scientists or students already in the United States who need a different visa from the one they currently have. That could include a graduating student who needs an exchange visa, or a postdoc who is offered a permanent job and thus needs an employment visa.
Such employment visas — generally H-1Bs for scientists — are handled by the US Department of Homeland Security (DHS) and have lengthier processing times than the student or exchange visa. Chris Rhatigan, a spokeswoman for US Citizenship and Immigration Services, part of the DHS, says H-1B approval is usually received in two months, possibly longer depending on the applicant. "We don't post processing times," she says. "Each application is reviewed on a case-by-case basis."
Applicants already in the United States on a J-1 exchange visa who can't support themselves financially while they wait for H-1B approval must return to their home country. However, the process can be fast-tracked if their institution pays a 'premium-processing' fee of US$1,000, which cuts the wait from 2–4 months to 15 days or fewer. University administrators say, however, that such an expenditure cannot be made routinely, especially by a research-intensive institution that might employ dozens of non-US postdocs every year.
"It's a significant cost to the sponsoring institution," says Mary Anne Timmins, administrative director of biomedical postdoctoral programmes at the University of Pennsylvania in Philadelphia. Other visa charges on top of the premium-processing fee can push the total cost of bringing in one non-US postdoc to more than $3,000, she says.
Those affected by delays or the requirement to return home often wonder whether they should even go through such an upsetting process, says Peter Palese, head of microbiology at the Mount Sinai School of Medicine in New York, who works with international postdocs. "Other countries make it easier," he says. "We are harming ourselves."
Some administrators and others say that despite improvements to the process for all types of special security checks — including those conducted under Visa Mantis, the check that most commonly affects scientists, science students and postdocs — wait times are still far longer than ten days. Under a Mantis check, federal agencies including the state department, the DHS, the FBI and the CIA investigate an application for links to terrorism, espionage or illegal transfer of sensitive technology.
"Things aren't as bad as they were right after 9/11," says immigration lawyer Elizabeth Goss of legal firm Tocci, Goss and Lee in Boston, Massachusetts, "but there are still issues. And there's really no one you can talk to. That can be frustrating."
Heightened security
Physicist Juhn-Jong Lin has given up on US visas.
In 2003, special security checks took roughly 75 days to complete, according to independent federal investigators. After congressional pressure, the waiting time for Visa Mantis applicants was cut to about 15 days by the end of 2004. But in the past year, delays on Mantis applications lengthened again to between 4 and 12 months.
Although the Mantis checks make sense in principle, many say that in practice they clog up a process that should move far more freely. "The visa process should serve as a barrier to people with criminal or terroristic intent," says Vic Johnson, senior adviser for public policy at NAFSA, the Association of International Educators. "But it should also be a gateway for people with the talent our economy and society requires." Before September 2001, Mantis clearances totalled several dozen a year. Last year, under Mantis, federal screeners reviewed some 55,000 applications. "If all these Mantis clearances are being approved, it must mean you're reviewing a lot that don't need review," says Johnson.
Still, officials say that further improvements are on the way. As well as the state department's efforts to speed up Visa Mantis processing, some US embassies have updated their websites to show the visa waiting times at consulates in every city.
An inter-agency group led by the DHS that meets to discuss visa issues convened most recently in July, and has met at the White House with the National Security Council to identify other areas of the system that need improvement. "We are always asking, 'Can we do better?'" Donahue says.
Legislative changes may also be coming. According to Amy Scott, assistant vice-president for federal relations at the Association of American Universities in Washington DC, a Senate bill could be introduced this month that would streamline the visa process for scientists and students. Although Scott says it is likely that the bill's passage will be delayed, she notes that President Barack Obama is calling for immigration reform by no later than next year.
Donahue and Rhatigan say their agencies recognize that streamlining the visa process allows for the free flow of scientists and their ideas into the United States — a positive outcome for all. "We will continue to listen to the science community and try to figure out ways to address their concerns," Donahue says. "There have been long waits for a variety of reasons. We have made a great effort to change that."
Unwelcome guest
Juhn-Jong Lin, a condensed-matter physicist and professor at the Institute of Physics at the National Chiao Tung University in Hsinchu, Taiwan, hasn't been to the United States for two years. And he doesn't plan to return any time soon.
Lin used to hand his passport to a travel agent in Taiwan who would apply on his behalf for a J-1 exchange visa. Without fail, he would receive a five-year visa, which made it easy for him to attend the American Physical Society's biannual conferences and to travel to and from the United States for any other work-related reason as often as he liked within that period. But things became more difficult after the terrorist attacks of 11 September 2001, and worsened again about two years ago, Lin says.
"After 9/11, I had to apply in person — and I always got only a one-year visa," he says. Every year he had to complete a lengthy application, prepare a detailed CV, have a new specific-sized photo taken, undergo an in-person interview 80 kilometres away in Taipei and pay an application fee of about US$150. Waiting times for visa approval stretched from a week or two before 11 September 2001 to about two months, and recently ballooned again to four months. "No one knows why," Lin says.
In 2005, Lin planned to attend the American Physical Society's March meeting as usual and applied for a visa about eight weeks in advance. The document was not issued in time for Lin to attend.
Lin's experience is not unusual, says immigration lawyer Paul Herzog, who works in Los Angeles, California. Lin's work as a physicist means his visa application is likely to be flagged for a Visa Mantis screen, one of several types of security checks required for 'administrative processing'. Herzog says applications singled out for such processing are known to cause problems. "Those checks can take weeks and months," he says, "especially if [the federal agencies reviewing the applications] are concerned about espionage or terrorism."
Lin, for his part, says he has given up. "I no longer want to try," he says of applying in the future for a US visa. Lin has now formed fruitful collaborations with physicists in Japan, China and Europe. "There is no longer much incentive to visit the United States," he says.
This Article is published originally in Nature 460, 131-132 (2 September 2009) 10.1038/nj7260-131a
http://www.nature.com/naturejobs/2009/090903/full/nj7260-131a.html
Wednesday, September 2, 2009
US visa nightmares: Nice editorial in Nature
Editorial
Nature 461, 12 (3 September 2009) doi:10.1038/461012a; Published online 2 September 2009
US visa nightmares
Barriers faced by foreign scientists seeking entry to the United States do more harm than good.
Over the years, the United States has benefited enormously from its ability to attract the most creative scientific minds from around the globe. Increasingly, however, scientists, postdocs and students are turning elsewhere, frustrated by the barriers to gaining entry that sprang up in the wake of the terrorist attacks of 11 September 2001. In its current incarnation, the US visa application process not only presents a bewildering tangle of directives, prerequisites and requirements, but has also forced some applicants to wait up to a year for their visa to be approved — often for no apparent reason.
It is true that waiting times are improving. In late May, in response to mounting protests from the scientific community and elsewhere, the Department of State, which oversees the processing of student and exchange visas, added staff and resources, and implemented new procedures to cut delays. The department established a 10-day deadline for most applications that require 'administrative processing', a particular security check required when the applicant is from certain nations or does certain work. Among those getting fast-tracked is the Visa Mantis security check, the type that most often affects scientists.
'Routine' approvals should take only a few days, and never longer than a month, the state department says (see page 131). In an effort to pinpoint and resolve other visa-related problems, the department meets regularly with an inter-agency group that includes the Department of Homeland Security, which handles employment and other types of immigration visas. A meeting is scheduled for this week.
But reducing waiting times for visa approvals fixes only one part of an inept and dysfunctional system. Consider, for example, the impenetrable snarl of bureaucratic requirements that an individual must meet before even applying. A list on the state department's website of required documentation for all students — not just nuclear physicists, or scientists from countries that sponsor terrorism — is an eye-glazing jumble of acronyms, abbreviations and conditions. It shouldn't be this complicated.
Then there are the requirements and conditions of various visas. Almost all applicants must prove that they plan to return to their home country when the visa comes to an end. Those who receive government funding, or whose speciality is on a skills list negotiated by their home country, must return home for two years once the visa expires. Meanwhile, student applicants, as well as postdocs or scientists applying for an exchange visa, must prove that they can cover their expenses.
Employment-visa applicants face their own woes. There is an annual cap of 65,000 such visas for individuals being employed by private- or public-sector companies, plus another 20,000 for individuals with at least a master's degree from a US institution. Applications are accepted each year from 1 April. If the cap is reached before an individual's application is processed, his or her only recourse is to reapply the next year — and risk losing the job.
Capitol Hill staffers say that several legislators are keen to simplify or even throw out many of these rules, but add that the visa troubles are part of a much larger immigration-reform problem. Given the many other issues facing Congress at the moment, from health-care reform to financial reform, action on immigration seems unlikely before next year at the earliest. And even then, months of debate will be required before any new legislation passes — legislation that may or may not address the visa challenges.
So in the meantime, US agencies should act quickly to streamline the application process as far as possible without legislation. All caution should not be abandoned, but at the same time it should not be so difficult for a scientist or student to seek entry to the country for scientific purposes that have no link with terrorism. The United States cannot continue to bar the door to some of the very people it needs most.
Nature 461, 12 (3 September 2009) doi:10.1038/461012a; Published online 2 September 2009
US visa nightmares
Barriers faced by foreign scientists seeking entry to the United States do more harm than good.
Over the years, the United States has benefited enormously from its ability to attract the most creative scientific minds from around the globe. Increasingly, however, scientists, postdocs and students are turning elsewhere, frustrated by the barriers to gaining entry that sprang up in the wake of the terrorist attacks of 11 September 2001. In its current incarnation, the US visa application process not only presents a bewildering tangle of directives, prerequisites and requirements, but has also forced some applicants to wait up to a year for their visa to be approved — often for no apparent reason.
It is true that waiting times are improving. In late May, in response to mounting protests from the scientific community and elsewhere, the Department of State, which oversees the processing of student and exchange visas, added staff and resources, and implemented new procedures to cut delays. The department established a 10-day deadline for most applications that require 'administrative processing', a particular security check required when the applicant is from certain nations or does certain work. Among those getting fast-tracked is the Visa Mantis security check, the type that most often affects scientists.
'Routine' approvals should take only a few days, and never longer than a month, the state department says (see page 131). In an effort to pinpoint and resolve other visa-related problems, the department meets regularly with an inter-agency group that includes the Department of Homeland Security, which handles employment and other types of immigration visas. A meeting is scheduled for this week.
But reducing waiting times for visa approvals fixes only one part of an inept and dysfunctional system. Consider, for example, the impenetrable snarl of bureaucratic requirements that an individual must meet before even applying. A list on the state department's website of required documentation for all students — not just nuclear physicists, or scientists from countries that sponsor terrorism — is an eye-glazing jumble of acronyms, abbreviations and conditions. It shouldn't be this complicated.
Then there are the requirements and conditions of various visas. Almost all applicants must prove that they plan to return to their home country when the visa comes to an end. Those who receive government funding, or whose speciality is on a skills list negotiated by their home country, must return home for two years once the visa expires. Meanwhile, student applicants, as well as postdocs or scientists applying for an exchange visa, must prove that they can cover their expenses.
Employment-visa applicants face their own woes. There is an annual cap of 65,000 such visas for individuals being employed by private- or public-sector companies, plus another 20,000 for individuals with at least a master's degree from a US institution. Applications are accepted each year from 1 April. If the cap is reached before an individual's application is processed, his or her only recourse is to reapply the next year — and risk losing the job.
Capitol Hill staffers say that several legislators are keen to simplify or even throw out many of these rules, but add that the visa troubles are part of a much larger immigration-reform problem. Given the many other issues facing Congress at the moment, from health-care reform to financial reform, action on immigration seems unlikely before next year at the earliest. And even then, months of debate will be required before any new legislation passes — legislation that may or may not address the visa challenges.
So in the meantime, US agencies should act quickly to streamline the application process as far as possible without legislation. All caution should not be abandoned, but at the same time it should not be so difficult for a scientist or student to seek entry to the country for scientific purposes that have no link with terrorism. The United States cannot continue to bar the door to some of the very people it needs most.
Wednesday, August 26, 2009
A nice article on Visa delay in Science; Visa Delays Put Science Careers at Risk
Rekha Rajaram was looking forward with relish to visiting family and friends and immersing herself in the food and culture of her childhood. She was planning her first trip home to India since getting her Ph.D. from Stanford University in Palo Alto, California. She wasn't planning on getting stranded in India, tied up in immigration security checks for months while her husband went back to the United States without her.
"I thought it would be a pretty straightforward process to get my visa renewed because I had been in the U.S. since 2001," says Rajaram, an applications engineer specializing in semiconductor chemistry who works for a San Jose, California-based technology start-up at a client's site in the greater New York area.
But Rajaram found herself tangled up in a security-vetting process that took 100 days to resolve. She's in good, if unhappy, company: An apparently growing number of foreign scientists, despite having current, valid work permits, are being stranded outside the country while several U.S. agencies perform background checks.
In the past year, the waits have become so long and so common that foreign scientists working in the United States fear leaving the country lest they find themselves stranded, unable to return to their labs and careers. So many foreign students and scientists have found themselves mired in visa delays that some started a Facebook group to commiserate and document their difficulties.
This spring, such visa delays prompted the U.S. government to modify its handling of these inquiries and to dedicate more staff to processing visa applications. The goal: to bring the processing time down to 2 weeks.
The U.S. State Department acknowledges that there was a problem but insists that it has been fixed. "This was a problem that we were having last year," says David Donahue, deputy assistant secretary for visa services in the Bureau of Consular Affairs at the State Department. Most visas, he says, should now be processed in 10 business days as a result of procedural modifications. "We put a clock on ourselves and committed to completing" visa reviews in 2 weeks. "We are confident this will not happen again."
Still, the scientific community remains concerned that such visa hassles will ultimately harm U.S. competitiveness by feeding fears of foreign scientists and students about working in the United States. "We have great universities in this country, but the perception that the U.S. is a difficult place to come to is hurting us," says Amy Scott, assistant vice president for federal relations at the Association of American Universities (AAU) in Washington, D.C. "People are finding opportunities elsewhere."
Planning ahead
Unfortunately, the only way to get a passport stamped with a current visa is to do it at a consulate outside the United States. Under U.S. law, the Department of State is responsible for issuing visas, and most visas are issued at one of the Department of State's embassies or consulates abroad. Visa requests, therefore, must be made from overseas. There's no opportunity to plan ahead. A consular officer decides if you are qualified for a visa.
Rajaram's saga began when she graduated from Stanford and was granted approval for an O-1 visa to work as a researcher. Her paperwork gave her the right to work in the United States as long as she didn't leave the country with plans to return. In order to get back into the United States, she would need to schedule an interview at a U.S. consulate and have her passport stamped with her visa.
In December 2008, she and her husband, who works in finance and also needed a visa renewal, traveled to India for that purpose. "When I got to the consulate in India, I was asked what I do, and then I was told that they couldn't process my visa because I needed to undergo administrative processing."
Told to expect a 2- to 3-week wait, Rajaram stayed in India while her husband, who received his visa that day, returned to the United States. Her employer allowed her to work remotely from India for the first month. One month became two, and she was forced to take unpaid leave. During that period, she discovered that she "knew nearly 15 people, all of them Indian or Chinese, who had also got stuck in administrative processing."
Ups and downs
The visa troubles Rajaram and other foreign scientists experienced have a long history. Since the Cold War, foreign scientists and students from any country could face increased scrutiny if their field of study overlaps with sensitive technology categories outlined on the Technology Alert List (TAL). That list was classified in 2003, but before it was classified it included nuclear physics, biotechnology, semiconductor science, and urban planning, among other disciplines. Foreign scientists from China, Russia, Israel, India, Pakistan, and other countries face increased scrutiny--partly, it appears, because these countries possess or are seeking to possess nuclear capabilities (Science, 21 November 2008, p. 1172).
In the wake of the 11 September 2001 attacks, the U.S. government enacted new security policies that increased the likelihood that scientists would face scrutiny from the U.S. Department of Homeland Security, FBI, CIA, and other federal agencies.
"Before 9/11, it was a fairly routine procedure that took between 10 days and 2 weeks," says Albert Teich, director of Science and Policy Programs at AAAS, Science Career's publisher, noting that agencies had to object to a visa if they wanted to slow the process. "After 9/11, every agency had to give their approval before a visa was issued. That is a much harder thing."
Predictably, processing times slowed, and by 2003 they had climbed to several months, prompting a group of scientific societies that included the National Academy of Sciences (NAS), AAU, AAAS, and others to call for changes in the visa system. "Fortunately, we saw the wait times drop back to 2 or 3 weeks," Teich says.
In 2004, the NAS Board on International Scientific Organizations began to collect data about visa delays on a Web site. Those data show that the number of visa delays jumped again in 2008.
Real problems
The result: More foreign scientists were unable to attend conferences and symposia, students were unable to start degree programs, and scientists like Rajaram were unable to do their jobs.
"It was extremely frustrating," says Aspi Kolah, an assistant professor of chemical engineering and materials science at Michigan State University (MSU) in East Lansing, who was stranded in his native India for 4.5 months while trying to convert his J-1 visa to an H-1B visa. "The department wanted me back, and I was worried about funding I was about to lose. It caused real problems for me and my department."
"You may have a student finishing up his or her Ph.D., and that person gets a paper accepted to an international scientific meeting," says Chris Bargerstock, assistant director for the office for International Students & Scholars at MSU. "It's a great career opportunity, but they have to be worried about whether they are going to get their visa in time for a meeting. They've invested so much time in their education and projects, they aren't going to risk it. It means they are stuck here."
Also troubling is the potential for the visa system as it currently operates to harm the research enterprise in the United States by stymieing the flow of scientific information and the formation of international collaborations. On 10 June 2009, a group of organizations representing higher education, science, and engineering, including AAAS, NAS, AAU, and others, outlined recommendations to revise the visa system to both maintain security and encourage the entry of the best and most qualified scientists. These recommendations included establishing protocols to make treatment of visa applicants more consistent by regularly training consular staff abroad, reviewing and streamlining TAL to include subject areas that clearly have explicit implications for national security, adding transparency to the visa system, and convening a panel to evaluate whether the visa-related policies put into effect after 9/11 are effective.
"There are potentially very serious consequences to the U.S. because we are pretty heavily dependent on foreign nationals to conduct science in this country," says AAAS's Teich. "It's important to take an overall look at the big picture and ask whether how we are handling these security issues is costing us more in terms of negative impacts on research and connections with the international community than it is benefiting us."
One item obviously missing from those recommendations is allowing visa holders to renew their visas and undergo administrative processing while they are still in the United States. Teich calls the current system of sending people out of the country to renew their visas "pretty silly" and notes that scientific societies have suggested that to the State Department in the past, but "it was clear from our discussions that such a change was a nonstarter."
Whether these suggested changes to the visa system are undertaken, foreign scientists must decide if they will risk leaving the United States when their visas have expired or stay put. They will hear conflicting advice.
"I can't say that we have reached 100% of [visas being processed] in 10 days, but it is very close," says Donahue. "I would feel very confident that [foreign scientists] can take their vacations and go home. They should go to the U.S. consulate on the first day they return and know that it will take 2 or 3 weeks. And if they are having problems, we want to hear about it." Donahue notes that scientists and students having visa problems can contact the State Department at its Web site.
Even if the procedural changes that have been undertaken resolve the issue, it will take time for foreign students to feel confident about leaving. "There is a ripple effect," AAU's Scott says. "After a while, people will feel a little more comfortable because they aren't hearing horror stories."
Protein crystallographer Mishtu Dey, a Howard Hughes Medical Institute research specialist at the Massachusetts Institute of Technology in Cambridge, is facing that decision now. "I'm afraid that if I go home to India to renew my visa, I will get stuck in administrative processing. It's totally a gamble, but I think it's one I'm going to take."
By Lisa Seachrist Chiu
http://sciencecareers.sciencemag.org/career_magazine/previous_issues/articles/2009_08_14/caredit.a0900100
"I thought it would be a pretty straightforward process to get my visa renewed because I had been in the U.S. since 2001," says Rajaram, an applications engineer specializing in semiconductor chemistry who works for a San Jose, California-based technology start-up at a client's site in the greater New York area.
But Rajaram found herself tangled up in a security-vetting process that took 100 days to resolve. She's in good, if unhappy, company: An apparently growing number of foreign scientists, despite having current, valid work permits, are being stranded outside the country while several U.S. agencies perform background checks.
In the past year, the waits have become so long and so common that foreign scientists working in the United States fear leaving the country lest they find themselves stranded, unable to return to their labs and careers. So many foreign students and scientists have found themselves mired in visa delays that some started a Facebook group to commiserate and document their difficulties.
This spring, such visa delays prompted the U.S. government to modify its handling of these inquiries and to dedicate more staff to processing visa applications. The goal: to bring the processing time down to 2 weeks.
The U.S. State Department acknowledges that there was a problem but insists that it has been fixed. "This was a problem that we were having last year," says David Donahue, deputy assistant secretary for visa services in the Bureau of Consular Affairs at the State Department. Most visas, he says, should now be processed in 10 business days as a result of procedural modifications. "We put a clock on ourselves and committed to completing" visa reviews in 2 weeks. "We are confident this will not happen again."
Still, the scientific community remains concerned that such visa hassles will ultimately harm U.S. competitiveness by feeding fears of foreign scientists and students about working in the United States. "We have great universities in this country, but the perception that the U.S. is a difficult place to come to is hurting us," says Amy Scott, assistant vice president for federal relations at the Association of American Universities (AAU) in Washington, D.C. "People are finding opportunities elsewhere."
Planning ahead
Unfortunately, the only way to get a passport stamped with a current visa is to do it at a consulate outside the United States. Under U.S. law, the Department of State is responsible for issuing visas, and most visas are issued at one of the Department of State's embassies or consulates abroad. Visa requests, therefore, must be made from overseas. There's no opportunity to plan ahead. A consular officer decides if you are qualified for a visa.
Rajaram's saga began when she graduated from Stanford and was granted approval for an O-1 visa to work as a researcher. Her paperwork gave her the right to work in the United States as long as she didn't leave the country with plans to return. In order to get back into the United States, she would need to schedule an interview at a U.S. consulate and have her passport stamped with her visa.
In December 2008, she and her husband, who works in finance and also needed a visa renewal, traveled to India for that purpose. "When I got to the consulate in India, I was asked what I do, and then I was told that they couldn't process my visa because I needed to undergo administrative processing."
Told to expect a 2- to 3-week wait, Rajaram stayed in India while her husband, who received his visa that day, returned to the United States. Her employer allowed her to work remotely from India for the first month. One month became two, and she was forced to take unpaid leave. During that period, she discovered that she "knew nearly 15 people, all of them Indian or Chinese, who had also got stuck in administrative processing."
Ups and downs
The visa troubles Rajaram and other foreign scientists experienced have a long history. Since the Cold War, foreign scientists and students from any country could face increased scrutiny if their field of study overlaps with sensitive technology categories outlined on the Technology Alert List (TAL). That list was classified in 2003, but before it was classified it included nuclear physics, biotechnology, semiconductor science, and urban planning, among other disciplines. Foreign scientists from China, Russia, Israel, India, Pakistan, and other countries face increased scrutiny--partly, it appears, because these countries possess or are seeking to possess nuclear capabilities (Science, 21 November 2008, p. 1172).
In the wake of the 11 September 2001 attacks, the U.S. government enacted new security policies that increased the likelihood that scientists would face scrutiny from the U.S. Department of Homeland Security, FBI, CIA, and other federal agencies.
"Before 9/11, it was a fairly routine procedure that took between 10 days and 2 weeks," says Albert Teich, director of Science and Policy Programs at AAAS, Science Career's publisher, noting that agencies had to object to a visa if they wanted to slow the process. "After 9/11, every agency had to give their approval before a visa was issued. That is a much harder thing."
Predictably, processing times slowed, and by 2003 they had climbed to several months, prompting a group of scientific societies that included the National Academy of Sciences (NAS), AAU, AAAS, and others to call for changes in the visa system. "Fortunately, we saw the wait times drop back to 2 or 3 weeks," Teich says.
In 2004, the NAS Board on International Scientific Organizations began to collect data about visa delays on a Web site. Those data show that the number of visa delays jumped again in 2008.
Real problems
The result: More foreign scientists were unable to attend conferences and symposia, students were unable to start degree programs, and scientists like Rajaram were unable to do their jobs.
"It was extremely frustrating," says Aspi Kolah, an assistant professor of chemical engineering and materials science at Michigan State University (MSU) in East Lansing, who was stranded in his native India for 4.5 months while trying to convert his J-1 visa to an H-1B visa. "The department wanted me back, and I was worried about funding I was about to lose. It caused real problems for me and my department."
"You may have a student finishing up his or her Ph.D., and that person gets a paper accepted to an international scientific meeting," says Chris Bargerstock, assistant director for the office for International Students & Scholars at MSU. "It's a great career opportunity, but they have to be worried about whether they are going to get their visa in time for a meeting. They've invested so much time in their education and projects, they aren't going to risk it. It means they are stuck here."
Also troubling is the potential for the visa system as it currently operates to harm the research enterprise in the United States by stymieing the flow of scientific information and the formation of international collaborations. On 10 June 2009, a group of organizations representing higher education, science, and engineering, including AAAS, NAS, AAU, and others, outlined recommendations to revise the visa system to both maintain security and encourage the entry of the best and most qualified scientists. These recommendations included establishing protocols to make treatment of visa applicants more consistent by regularly training consular staff abroad, reviewing and streamlining TAL to include subject areas that clearly have explicit implications for national security, adding transparency to the visa system, and convening a panel to evaluate whether the visa-related policies put into effect after 9/11 are effective.
"There are potentially very serious consequences to the U.S. because we are pretty heavily dependent on foreign nationals to conduct science in this country," says AAAS's Teich. "It's important to take an overall look at the big picture and ask whether how we are handling these security issues is costing us more in terms of negative impacts on research and connections with the international community than it is benefiting us."
One item obviously missing from those recommendations is allowing visa holders to renew their visas and undergo administrative processing while they are still in the United States. Teich calls the current system of sending people out of the country to renew their visas "pretty silly" and notes that scientific societies have suggested that to the State Department in the past, but "it was clear from our discussions that such a change was a nonstarter."
Whether these suggested changes to the visa system are undertaken, foreign scientists must decide if they will risk leaving the United States when their visas have expired or stay put. They will hear conflicting advice.
"I can't say that we have reached 100% of [visas being processed] in 10 days, but it is very close," says Donahue. "I would feel very confident that [foreign scientists] can take their vacations and go home. They should go to the U.S. consulate on the first day they return and know that it will take 2 or 3 weeks. And if they are having problems, we want to hear about it." Donahue notes that scientists and students having visa problems can contact the State Department at its Web site.
Even if the procedural changes that have been undertaken resolve the issue, it will take time for foreign students to feel confident about leaving. "There is a ripple effect," AAU's Scott says. "After a while, people will feel a little more comfortable because they aren't hearing horror stories."
Protein crystallographer Mishtu Dey, a Howard Hughes Medical Institute research specialist at the Massachusetts Institute of Technology in Cambridge, is facing that decision now. "I'm afraid that if I go home to India to renew my visa, I will get stuck in administrative processing. It's totally a gamble, but I think it's one I'm going to take."
By Lisa Seachrist Chiu
http://sciencecareers.sciencemag.org/career_magazine/previous_issues/articles/2009_08_14/caredit.a0900100
Sunday, August 16, 2009
Detention of Shahrukh Khan at US airport- Ignore or Question ?
Whats making the news from yesterday..........oh our SRK was detained at US airport because his name (khan) was in the list of common suspected name. Come on ...........I don't buy this story specially just before the release of his movie 'My name is khan'. To me, it appears that it is no more than a publicity stunt.
But it touches me somewhere because as a common man, we may also have been to one or other security check after coming to US. I don't understand, why do they treat us like that. If they have question about an individuals characters or activities, don't issue the visa........and anyway they check our fingerprints to ensure that the person to whom the visa was issued is the same who is entering US on the visa. So then why further inquiry........we all come after such a tired journey and get treated like .............please how many checks will you enforce ?
Protectionism seldom works............an appeal to US govt " please treat us like a human being if not guest otherwise we will find other countries to utilize our talent.........it will not be good for US in long run" which runs on imported talent........
But it touches me somewhere because as a common man, we may also have been to one or other security check after coming to US. I don't understand, why do they treat us like that. If they have question about an individuals characters or activities, don't issue the visa........and anyway they check our fingerprints to ensure that the person to whom the visa was issued is the same who is entering US on the visa. So then why further inquiry........we all come after such a tired journey and get treated like .............please how many checks will you enforce ?
Protectionism seldom works............an appeal to US govt " please treat us like a human being if not guest otherwise we will find other countries to utilize our talent.........it will not be good for US in long run" which runs on imported talent........
Tuesday, August 11, 2009
H1N1 Swine flu hype ?
"Man dies of swine flu in Kerala, toll reaches 11".........After reading this headline on TOI, I could not control but to comment on media.
Why don't they write "Man/women dies of Road accident/cancer everyday, toll reaches 9999......Its good to spread awareness about any communicable disease but I am not sure, whether these media reports are doing really any good for Mango Public !!!!
These reports are really scary.....though the situation is not that bad. I know there is a fine line between spreading awareness and rumors so Media need to balance and act responsibly.
please dont panic !!!!!!
Why don't they write "Man/women dies of Road accident/cancer everyday, toll reaches 9999......Its good to spread awareness about any communicable disease but I am not sure, whether these media reports are doing really any good for Mango Public !!!!
These reports are really scary.....though the situation is not that bad. I know there is a fine line between spreading awareness and rumors so Media need to balance and act responsibly.
please dont panic !!!!!!
Monday, August 10, 2009
"Department Tackles Visa Delay for Researchers" Courtesy The Newyork times
Here is the article published on 2nd June, 2009 in The Newyork Times (http://www.nytimes.com/2009/06/03/us/03visas.html). It raises some hope.....
After months of complaints by university groups and scientific organizations, the State Department is acting to speed up the delay-plagued visa process for foreign graduate students and post-doctoral researchers, an official said Tuesday.
The official, David Donahue, the deputy assistant secretary of state for consular services, said the department started attacking the backlog of requests on Friday. “I am not sure when we will get all of them cleared up,” he said, but eventually routine requests should be dealt with in two weeks. He said the department had brought in extra staff to handle the applications and had revised procedures to speed reviews.
Albert H. Teich, the director of science and policy programs at the American Association for the Advancement of Science called the moves “very gratifying.” Dr. Teich said he and representatives of the National Academy of Sciences, the Association of American Universities and other groups learned of the changes in a conference call last week.
Since last year, science and engineering researchers from abroad seeking to obtain or renew visas have routinely encountered delays of months. The problem became so acute that researchers who left the country often found themselves stranded abroad, not knowing when their visas might be approved.
The delays have caused problems for American universities, which rely on foreigners to fill slots in graduate and post-doctoral science and engineering programs. Foreign talent also fuels scientific and technical innovation in American laboratories, and the visa difficulties discouraged scientific organizations from holding meetings in the United States. Some researchers said the apparent reluctance of the United States to accept them encouraged them to seek work in other countries.
Mr. Donahue said the clearance process was important, especially as it related to “guarding against proliferation of science and technical information.” But he said people in the department were unhappy about the delays. “We should not have been behind, but we will be glad to be caught up,” he said.
Dr. Teich said he attributed the action to the Obama administration’s support for scientific and technical research. But he added: “So far all we know is what they have said. Let us hope it takes place.”
John P. Holdren, director of the White House Office of Science and Technology Policy, which helped develop the new procedures, said the United States should encourage researchers from other countries to employ their skills here.
“It is more important than ever that we remove unnecessary impediments to collaborative innovation and technical advancement,” Dr. Holdren said.
After months of complaints by university groups and scientific organizations, the State Department is acting to speed up the delay-plagued visa process for foreign graduate students and post-doctoral researchers, an official said Tuesday.
The official, David Donahue, the deputy assistant secretary of state for consular services, said the department started attacking the backlog of requests on Friday. “I am not sure when we will get all of them cleared up,” he said, but eventually routine requests should be dealt with in two weeks. He said the department had brought in extra staff to handle the applications and had revised procedures to speed reviews.
Albert H. Teich, the director of science and policy programs at the American Association for the Advancement of Science called the moves “very gratifying.” Dr. Teich said he and representatives of the National Academy of Sciences, the Association of American Universities and other groups learned of the changes in a conference call last week.
Since last year, science and engineering researchers from abroad seeking to obtain or renew visas have routinely encountered delays of months. The problem became so acute that researchers who left the country often found themselves stranded abroad, not knowing when their visas might be approved.
The delays have caused problems for American universities, which rely on foreigners to fill slots in graduate and post-doctoral science and engineering programs. Foreign talent also fuels scientific and technical innovation in American laboratories, and the visa difficulties discouraged scientific organizations from holding meetings in the United States. Some researchers said the apparent reluctance of the United States to accept them encouraged them to seek work in other countries.
Mr. Donahue said the clearance process was important, especially as it related to “guarding against proliferation of science and technical information.” But he said people in the department were unhappy about the delays. “We should not have been behind, but we will be glad to be caught up,” he said.
Dr. Teich said he attributed the action to the Obama administration’s support for scientific and technical research. But he added: “So far all we know is what they have said. Let us hope it takes place.”
John P. Holdren, director of the White House Office of Science and Technology Policy, which helped develop the new procedures, said the United States should encourage researchers from other countries to employ their skills here.
“It is more important than ever that we remove unnecessary impediments to collaborative innovation and technical advancement,” Dr. Holdren said.
Sunday, August 9, 2009
An article on Visa delay in Washington post
It good to see our concerns in American news paper. Here is the link http://www.washingtonpost.com/wp-dyn/content/article/2009/04/11/AR2009041102238.html
Saturday, August 8, 2009
J2 to J1 visa conversion......personal experience !!
I am in US on J1 visa and my wife came with me on J2 visa. After coming to US, she also got postdoc position and decided to convert her visa category from J2 to J1. The sponsor agreed to this and issued Ds-2019 and asked to go back to India for J1 visa application within 6 months of entry to US.
Does it mean that if one stays for more than six months in US, they can not change their J visa category ? I would like to clear that both of us are subjected to 2 years home residency rule because of our technical qualification.
Anyway but the problem does not end here.........as we thought that there will be no problem in getting J1 visa this time as both of us had already gone through administrative processing (TAL) just 3 months back, when We came to US......but during my wife's J1 visa interview, she was given yellow slip and asked to submit technical qualification questionnaire and ........when she said that I have already gone through security check few months back, visa officer said, it was for j2 visa but this time it will be for j1 !!!!!!!!!!!!!!
Don't understand the logic.........but can not do anything but to wait for the mail from US consulate.
Friday, August 7, 2009
TAL/ Administrative processing visa delay
Finally somebody heard of research scholars/postdocs, who generally apply for J1 visa. Board on International Scientific Organization from National Science Academy, US has taken initiative by issuing a statement to US government/ DOS for the benefit of international students, scholars, and scientists who have applied for visas to study, conduct research, or attend conferences in the US. (http://sites.nationalacademies.org/pga/biso/visas/index.htm)
It also says that If you have not got your visa with 21 days of your visa interview, then please submit a questionnaire in order to enable them to generate statistics on visa delay and extending further help as far as possible.
My experience with J1 US visa
I appeared for J1 visa interview on 25th March 2009 with my wife. Everything went well but at the end, I was given yellow slip and was asked to submit technical qualification questionnaire, offer letter, DS-157 and my CV. I did not expect that……I was shocked and when I came out of embassy, I could not understand what to do for some time.
Whole plan was disturbed, I had booked my ticket for US, and fortunately it was an open ticket. I came home and answered all the questions of the TAL (http://mumbai.usconsulate.gov/hitechbs.html). I submitted the questionnaire with other documents and then started waiting for reply from embassy. Meanwhile, I got a acknowledgement mail. Everyday or say many time during the day, I was used to check my mails……..after 3 weeks, my employer in US started asking that how much time will it take (as if I know the answer)……I was nervous, one fear was that if I get visa very late or not at all…….what will I do…….I will have to start looking for other job options in India….and I really started applying to a few places in India. It was a big torture to me and my family……fortunately I got the mail from US consulate on 4th May 2009, saying completion of administrative processing and asking to submit passport. I submitted my passport on 5th may and got the visa on 7th May. I came to US on 12th May.
If I look back, I get afraid……..I am still afraid of taking any holiday……what if I go to India and then have to wait for weeks/months to come back. Only those people who have gone through this Administrative processing on their visa can understand my situation……..I hope that this situation will improve in future, I am optimistic…….till now !!!!Finally got PhD.......
Sorry I could not post anything from a long time as I was busy in finishing my PhD. Finally I am a Dr.!!!!!
It was a great experience......I learnt a lot of things not only technically but also could understand life in much better sense. I must say, PhD teaches you a lot. It is not merely a degree, it is an institution in itself. .......hard work, time management, patience, hope, failures, success, dream, love.......everything happened in the last five years. Then the question comes, what next ? I wanted to break the convention by not going for postdoc (as everybody goes for postdoc after PhD). I explored my options in Academic research in India, research in Industry, Academic teaching, Intellectual Property rights........and finally came to the conclusion that postdoc experience is must.....though before joining for PhD, I was used to think that PhD is good enough......I was wrong.
After working on cancer research for five years, I decided to sharpen my skills further and have started my postdoctoral research in the USA........
I will write more about my personal expericne on PhD, US visa, postdoc positions, mentors, Biotech career etc in detail later....till then bye and have a nice weekend !!
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